Please help for refuse british application

[vales]

They refuse and it is mistake because they give me husband visa before so this is not right, can I appeel? and they give me refund only £80!! PLEASE HELp

[rakeysh.patel]

You need to list more details - remember, none of us have a crystal ball here!

[Wanderer]

They refuse and it is mistake because they give me husband visa before so this is not right, can I appeel? and they give me refund only £80!! PLEASE HELp

Reading between lines mode on.......

I'm guessing you applied for British Citizenship when you should have applied for ILR first? Am I correct? The would explain the £80 refund for the ceremony you can't attend.

If so, your mistake I'm afraid....

[vales]

Sorry. I have husband and they give IRL indefintite in 2013 my wife is british nationality, so they give me everything no problem! when apply for british nationalty they refuse because they say I am overstayed only 10 months in tourist visa before I marry my wife, but this is wrong because they give visa to come join my wife and then indefinite IRL!!! When I overtstay I go back to country to apply for my mariage visa no problem!! so why refuse this??? this is big msitake please help me to appeel to court or how to complains please THANK YOU

[rakeysh.patel]

Overstay as far as i know is a ground for refusal. I do not see an error here! Sorry!

[vales]

No this is mistake! because they give me mariage visa after and indefinite visa after again so why refuse now???

[Wanderer]

No this is mistake! because they give me mariage visa after and indefinite visa after again so why refuse now???

Overstaying is a criminal offence and therefore you do not fulfil the rules on good character needed to become a British Citizen.

[rakeysh.patel]

Unfortunately

[vales]

I don;t have criminal charge I am not illegal! I have tourist visa and stayed for long 10 months extra when I meet my wife I am go back to country legally to apply for mariage visa and they give me, I am not a criminal! only 10 months overtsay tourist visa. and why they give me mariage visa and IRL if I criminal? Please someone help this is mistake!

[rakeysh.patel]

I don;t have criminal charge I am not illegal! I have tourist visa and stayed for long 10 months extra when I meet my wife I am go back to country legally to apply for mariage visa and they give me, I am not a criminal! only 10 months overtsay tourist visa. and why they give me mariage visa and IRL if I criminal? Please someone help this is mistake!

Because they did not have good character requirement perhaps! Overstaying is an offence and one that you may pay for unfortunately! Should you wish to live in a bubble that you did nothing wrong, now is the time to stop reading what others would have to say about your situation! Good luck!

[Wanderer]

I don;t have criminal charge I am not illegal! I have tourist visa and stayed for long 10 months extra when I meet my wife I am go back to country legally to apply for mariage visa and they give me, I am not a criminal! only 10 months overtsay tourist visa. and why they give me mariage visa and IRL if I criminal? Please someone help this is mistake!

Better get reading then, mate...

10 months is as long overstay and shows you are not of good character according to the immigration rules. The good character requirement doesn't exist for spouse or ILR, but it does for BC, hence now you've hit the wall.

[vales]

But it was tourist visa not illegal! jsut stay a little long and go back after.

help me to appeel, i am husband of bristish nationality wife this is not right! and they keep my money!!

can i have a lawyer for tribunal?

[rakeysh.patel]

But it was tourist visa not illegal! jsut stay a little long and go back after.

help me to appeel, i am husband of bristish nationality wife this is not right! and they keep my money!!

can i have a lawyer for tribunal?

In your mind you keep referring 10 months = 10 days may be - It is a long overstay my friend. No one here has anything against you and IMHO lawyer would do no good here since you've breached or in other words have not met good character requirement.

[Wanderer]

But it was tourist visa not illegal! jsut stay a little long and go back after.

help me to appeel, i am husband of bristish nationality wife this is not right! and they keep my money!!

can i have a lawyer for tribunal?

Overstaying is illegal, you should have considered the consequences when you overstayed.

You can appeal but it's pointless and will be costly with a 100% chance of failure since the judgment is correct.

Did you read the application form and guidance notes?

Did you declare the overstay?

[vales]

Yes I declare everything. I have overstay but have go back to my country to apply for mariage visa and they give me visa and after they give IRL indefinite so I am not criminal! so why take my money and refuse? and also I am husband of Bristish wife.

so if I cant do lawyer how to make my application win? is the money to pay again? or is it new application again?

[Wanderer]

Yes I declare everything. I have overstay but have go back to my country to apply for mariage visa and they give me visa and after they give IRL indefinite so I am not criminal! so why take my money and refuse? and also I am husband of Bristish wife.

so if I cant do lawyer how to make my application win? is the money to pay again? or is it new application again?

Just wait 10 years then apply.

http://www.ukcisa.org.uk/International- ... erstaying/

Overstaying is a criminal offence. There is no "grace period" within which you can lawfully overstay.

[vales]

this is very bad. why is it 10 years? Can I appeel?

Please can someone other help me?

[zabizabi]

They refuse and it is mistake because they give me husband visa before so this is not right, can I appeel? and they give me refund only £80!! PLEASE HELp

Dear Friend ,everyone is right,even if you are one day overstayer without a good reason .They consider you as over stayer.I can feel the pain.They gave you spouse and ILR you should be thankful instead of --------
But if you still want to fight for it.Than you should consult a very good solicitor .They made the rules very tight today i was calling council for booking ceremony the lady said call us after two or three days we are so much busy putting things on system because of so many application. But this is not the story .the story is what to do next,Solicitor will suggest you what to do.Before that ask from yourself what was the reason of your overstay. If you have genuine reason than go ahead.

Have you ever discussed this issue here before applying.We always suggest overstayer to use solicitor.

[oncewas]

Dear friends i need help with the same issue. I have not yet applied and last time when i checked the guidance notes it stated that you have to be legal in the last three years before applying of which my three years will be up this April. My question is when i checked the new guidance notes updated JUNE 2014 they removed that paragraph so does that mean they now look at the whole stay prior to the application???

Please help me on this one i dont want to lose my £1000

[secret.simon]

@Oncewas,

You may want to read the new "good character" requirements that were issued in December 2014. If you have ever been in breach of immigration law, you can not apply for citizenship until 10 years have passed from when you became legal. There are lots of threads on this forum that deal with that. Search for "Good Character" requirements.

@vales
The definition of "good character" changed in December 2014 and all applications decided after that must meet the new requirements. As mentioned, any breach of immigration law in the past will block your citizenship application. That you have a spouse visa and ILR is irrelevant. Citizenship law has different requirements. Be thankful that you have got ILR and that they have not tightened the rules on that yet.

[milan69]

In addition to what secretsimoh has written here is a link to a similar topic where you will find some useful info to answer your question:

http://www.immigrationboards.com/britis ... l#p1150919

[Amber]

You cannot appeal a Nationality decision. You may ask for a reconsideration. If you can explain why it was not possible for you to leave the UK before your leave expired this may mitigate your breach of immigration control. For example, you were in hospital. Please see the FAQ under Q14A - http://www.immigrationboards.com/britis ... 5-880.html

[vales]

Thank you ambre. No I was not at hospital but i have go back to apply for mariage in my country and they give and after they give me IRL so why refuse now? if can not appeal is it better to pay for a good lawyer? beacaue i think it's wrong I am married to British wife and haven't got a criminal record, I come here apply legaly to join my wife. Please tell em the best way for the reconsideration with a good lawyer, or maybe to start new application with lawyer but they have keep my money! do i need to pay again for reconsideration? or for new application?

[Amber]

I don't think you are understanding the nature of your previous conduct. Simply put, if, in the 10 years before you make a nationality application you have overstayed your application will be refused. You overstayed when your tourist visa expired, therefore, you will be refused for 10 years since you left the UK as an overstayer. If you applied before December 2014, write back to the Home Office and explain that you would like the return of the full fees as the Good Character requirements were modified in December 2014 and you would not have applied had you know about the current requirements.

[AfiaShuja]

Hi, Please help md out ASAP

I've got my settlement(wife) settlement visa rejected on the basis that I didn't provide my husband's employment letter. Though, when I emailed BHC my situation they clearly said "any document deemed necessary by the ECO will be directly asked by the DMC" which wasn't followed. Finally, I've planned to go for an appeal but the thing is I'm not sure about the process like how to do so n also how much time will be required?