- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
There are, but you must apply for asylum within a reasonable time of arriving in the UK. At the moment they only disregard around 30 days, by discretion.Spelly05 wrote:Thanks for your response Ohara. I thought thr are other rules or guidances which saves refugees from the 10 year ban
Spelly05 wrote:Thanks for your response Ohara. I thought thr are other rules or guidances which saves refugees from the 10 year ban
Hi, how do you know there is this 30 days guideline? have you had any cases approved as per this guideline? i entered and claimed asylum thesame day and did not breach immigration law ever since. will i be successful?t123456789 wrote:There are, but you must apply for asylum within a reasonable time of arriving in the UK. At the moment they only disregard around 30 days, by discretion.Spelly05 wrote:Thanks for your response Ohara. I thought thr are other rules or guidances which saves refugees from the 10 year ban
What you did was one of the most stupid things I have seen someone done.huspania wrote:hi,
My naturalization application is refused for the following reason.
When I applied i had no intention of living outside the UK, during the period of my application, I got a job offer letter from middle east. I sent that letter to the home office requesting them to speed up my application. Now they refused my application saying that one of the requirement for those not married to British citizen is have his home in the united kingdom.
I am not clear as I have recently bought a house in the UK and my family, children with British passports, live and will continue living in the UK. Can anyone highlight whether I can ask for a review or not.
If you submitted a letter with an offer of employment in the Middle East and you asked for your BC application to be processed quickly (presumably in order to take up the job offer), why would the Home Office believe you intended to continue to reside in the UK? One contradicts the other. There are no appeal rights but you can submit a reconsideration request. On the 18th March the fee for this increased from £80 to £272.huspania wrote:hi,
My naturalization application is refused for the following reason.
When I applied i had no intention of living outside the UK, during the period of my application, I got a job offer letter from middle east. I sent that letter to the home office requesting them to speed up my application. Now they refused my application saying that one of the requirement for those not married to British citizen is have his home in the united kingdom.
I am not clear as I have recently bought a house in the UK and my family, children with British passports, live and will continue living in the UK. Can anyone highlight whether I can ask for a review or not.
+1 - Am lost for words on this one Casa. OP clearly was looking and applying for jobs abroad, unless the letter mysteriously arrived in his lap!!Casa wrote:If you submitted a letter with an offer of employment in the Middle East and you asked for your BC application to be processed quickly (presumably in order to take up the job offer), why would the Home Office believe you intended to continue to reside in the UK? One contradicts the other. There are no appeal rights but you can submit a reconsideration request. On the 18th March the fee for this increased from £80 to £272.huspania wrote:hi,
My naturalization application is refused for the following reason.
When I applied i had no intention of living outside the UK, during the period of my application, I got a job offer letter from middle east. I sent that letter to the home office requesting them to speed up my application. Now they refused my application saying that one of the requirement for those not married to British citizen is have his home in the united kingdom.
I am not clear as I have recently bought a house in the UK and my family, children with British passports, live and will continue living in the UK. Can anyone highlight whether I can ask for a review or not.
https://www.gov.uk/government/uploads/s ... NR__v4.pdf
You've created the problem by putting the decision maker under pressure to process your application in order for you to leave the country. In other words 'as soon as I get British citizenship, I'm off'
ae.avator wrote:Ouflak1 you are wrong in some points:
I entered in the UK in 2005 as a tourist and overstayed my visa for 4 years, got into a civil partnership with a Polish National in 2009, I applied for EEA2 however, I only needed my Civil partnership certificate my passport and my partners passport to get my NI, and I never applied for an EEA4, instead I applied for Naturalisation last May 15, yesterday (14-11-15) got my invitation letter to attend my ceremony . I think my case is kind of similar to bez010, so dont lose hope, because they treat cases under EU law more carefully, they still though need to meet the criteria to get it granted.ouflak1 wrote:
1. There is not, and was not, any providence for switching from a visitor's visa to any other kind of visa type whilst remaining in the UK. Not then. Not now.
There is not any providence for switching form a visitor's visa to any other kind of visa under DOMESTIC LAW it is correct, however, in the case of bez010 it is an EU matter and Directive 2004/38 applies, therefore applying for the Certificate of approval (COA) was the correct proceed to seek permission to married while being an overstayer, as the other party was an EU citizen. In contrast if the other party would be a UK citizen, then there were no grounds to apply for COA and the other partner would had needed to get back to their own country.
3. No she did not have an automatic right to work. Atleast not in the UK. She was absolutely correct not to work as this might have made things even more difficult. Being married to an EEA national does not confer automatic rights of any kind in the UK or, as far as I have researched, any EU country. No matter what, the rules require that you obtain a permit.
This is a wrong information, if the partner was granted with the COA, then it is true, is not a proof of being legal in the country, however, the moment the they got married, he became a Family member of an EU citizen, again, Directive 2004/38 applies, which means that the spouse acquire the same rights as the EU citizen, and the fact the the EU partner is a worker, the non-eu partner has entitlement to be treated as his partner is, again section 2 of the Directive . Applying for an EEA2 isn't compulsory but advisable. I think you are confusing DOMESTIC LAW with EU LAW, the fact the one of the partners is a EU citizen and have move to another Member State and is exercising his treaty rights, allows him to rely on such law. British citizens cannot rely on EU law on its own country, therefore Domestic Law (UK Immigration Law) applies.
4. Relevant to perhaps other visas, but does not override overstaying her original visa. This is an application for citizenship, not another visa.
It is true does not override overstaying, but as soon as the marriage took effect, gave him status in the UK as a Family Member of an EU citizen, as long as the partner is exercising his treaty rights in the UK.
5. COA was mandatory for all of us non-EEA residents wanting to marry in the UK no matter who we were marrying.
Incorrect, COA was mandatory for people who has less than three months in their visas, but such a visas ere given for a minimum period of 6months, tourist visas were not able to apply for COA ( if the partner was British) anyone who has more than 3 months 'leave to remain' in the UK needed no to apply for any COA, just give the mandatory notice in the register office.
The case that you referenced does not seem to apply to this woman's case in any way. She was not refused an EEA residency card. In fact, I don't think she face any visa refusal whatsoever. Further, there is no right to citizenship in the UK (or any country) for adults. It may be refused or conferred as the UK sees fit, for any reason the UK sees fit, or no reason at all.
She will only qualify for BC in 2020, 10 years after she left the UK or it might be from 2021, 10 years after arriving on legal visa status.it'sworking wrote:Hi Admin and All,
I want to ask please.
My Partner had overstayed from 2005 to 2010,left the UK IN 2010, but made it clear at the point of exit that she had overstayed.
We then got married officially in our country and she came back on my work permit. we have extended the work permit and then got our indefinite leave to remain in December 2014, which means we qualified for Citizenship in December 2015.
Because she came back to the UK in April 2011, she had to wait for April 2016 to meet the 5 years continuous residence before applying for her citizenship.
But my question is, with regards to the 'Good character rule', will they judge her overstaying from 2005 - 2015, which makes her qualify after 10 years, or would they judge it from 2010 instead, which means she will wait till 2020 to apply?
Please help.
Thank you
RU55IAN wrote:I AM OVERWHELMED!!!!
THIS DECISION IS DEFINITELY DISCRETIONARY!!!!
CONSIDERATION TOOK 5 MONTHS.
APPLICATION HAS BEEN SUCCESSFUL DESPITE OF BEING ILLEGAL DURING THE PAST 10 YEARS.
EVIDENCE THAT I WAS SUPPORTED BY MY FAMILY SUBMITTED (PAY SLIPS, RENT AGREEMENTS AND BANK STATEMENTS).
MY CASE WORKER IS THE BEST!!!!
RU55IAN wrote:I was shouting indeed.
It was the shouting of happiness.
Hope I didn't wake anyone up, but even if I did, it is allowed in such cases.
P.S. Honestly though, I can't believe you actually wrote that. How do you know my keyboard didn't break and the CAPS lock key could have stuck or perhaps I am visually impaired?...