Citizenship - Queries if qualifying

[Arsal385]

Dear moderator and senior members;

I am due to apply for my citizenship application next month. I have a query, back in 2010 HO reject my Tier1 general initial application by stating that I used deception by getting student visa in 2007.

I actually got admission in that college in May 2007 and secured a student visa extension by showing college enrolment in a good faith. After 2 weeks my dad was passed away in back home and I left the country to attend his funeral. I came back in July 2007 and noticed that college is not running properly and hence changed my college (Change of college was allowed in 2007 without getting home office consent) and completed my short course between August- Oct 2007, that college was closed by HO office on October 2007.

I then applied for my PSW visa on the basis of British university degree. However, In 2010 HO rejected my Tier 1 application by stating that I used deception in my student visa application back in 2007 by using admission document of the above mentioned college. I appealed against HO decision and later judge allowed my appeal and cleared me from deception. My question is that

• will Home Office reject my citizenship application on the basis of previous allegation of deception which was later quashed during the appeal?

• Do I need to mention this case in my citizenship application and attach copy of immigration judge decision or leave it as it is?

Please advise... many thanks in advance

[CR001]

I have moved your post to its own thread/topic as your question is not relevant where you posted it.

[geriatrix]

If you are worried:

Include a covering letter and explain the facts (include any documentary evidence that you may have to state your appeal was allowed and then leave granted).
Better than being refused and then send all this along with reconsideration request, IMHO ...

[Arsal385]

If you are worried:

Include a covering letter and explain the facts (include any documentary evidence that you may have to state your appeal was allowed and then leave granted).
Better than being refused and then send all this along with request reconsideration, IMHO ...

Many thanks moderators for your help. I have Immigration Judge decision letter and also have CID remarks on my appeal that Home Office can not re-appeal to Immigration Judge decision as it was decided on the basis of immigration rules.

Would you recommend me to attach these documentary evidences with my covering letter?

Much appreciated.

[zzzindagi]

IMHO.. You have two options.

1. Do not mention anything in the Form .

a: You may get approved without any issue.
b: or they may refuse your application but you will have chance to send re-consideration.

2. Explain in Page 23.. or write letter explaining everything.
( Do not tick "Yes" in any box in Good Character sections.)

( If you choose second option and they still refuse. You might not have any other argument to send in re-consideration. )

If i was you, i would use option 1.

[Arsal385]

IMHO.. You have two options.

1. Do not mention anything in the Form .

a: You may get approved without any issue.
b: or they may refuse your application but you will have chance to send re-consideration.

2. Explain in Page 23.. or write letter explaining everything.
( Do not tick "Yes" in any box in Good Character sections.)

( If you choose second option and they still refuse. You might not have any other argument to send in re-consideration. )

If i was you, i would use option 1.

Thanks. If I follow option 1 and HO will reject it then it takes ages for re-consideration and usually in re-consideration cases HO retains the original decision. So on that basis is there any harm in following option 2 and inform HO in the first place?

[tiredoftiers]

you do or you do not tell them about this they will know about it when they processed your application.
If I were you I would include the covering letter and explain that in my own words this would potentially reduce the chances of being refused if they were to refuse me on the basis of information that they have about me.

[noajthan]

Dear moderator and senior members;

I am due to apply for my citizenship application next month. I have a query, back in 2010 HO reject my Tier1 general initial application by stating that I used deception by getting student visa in 2007.

I actually got admission in that college in May 2007 and secured a student visa extension by showing college enrolment in a good faith. After 2 weeks my dad was passed away in back home and I left the country to attend his funeral. I came back in July 2007 and noticed that college is not running properly and hence changed my college (Change of college was allowed in 2007 without getting home office consent) and completed my short course between August- Oct 2007, that college was closed by HO office on October 2007.

I then applied for my PSW visa on the basis of British university degree. However, In 2010 HO rejected my Tier 1 application by stating that I used deception in my student visa application back in 2007 by using admission document of the above mentioned college. I appealed against HO decision and later judge allowed my appeal and cleared me from deception. My question is that

• will Home Office reject my citizenship application on the basis of previous allegation of deception which was later quashed during the appeal?

• Do I need to mention this case in my citizenship application and attach copy of immigration judge decision or leave it as it is?

Please advise... many thanks in advance

Its hard to say why you would mention this & where on application you would mention it.

There was a dispute, you appealed & won your case. What is there to say?!

[Arsal385]

[/quote] Its hard to say why you would mention this & where on application you would mention it.

There was a dispute, you appealed & won your case. What is there to say?![/quote]

Many thanks for your response. So far I am getting mixed responses and still indecisive that should I mention this on page 23 of AN form and covering letter or not.

When I checked my SAR record I found case worker's allegation of deception notes against me and also found detail of immigration judge decision in favour of me and HO final notes that they are unable to challenge Immigration judge decision as it was made on immigration rules rather than reality.

There is a similar case (link below) where Home Office has rejected AN application on the basis of previous allegation of deception which was even declined by Immigration judge and allowed the appeal. Looks like he hasn't mentioned his previous immigration case in his AN form.

See link below;
http://www.immigrationboards.com/britis ... 96747.html

Please advise?

[geriatrix]

What more advice do you want?
You will always have people with different opinions on the matter .... it is your choice which option to take!!

[torikelly91]

If I were you, I'd declare it all in the further information box.
Mention you have obtained a copy of your SAR from them and it shows xxx...

Then explain.

You MAY get a more fair caseworker who will be more lenient for your honesty. You may not,however.

Good Luck.