naturalisation possible refusal after being an overstayer

[deej2016]

Hi Guys

hope someone can help me with this.

I currently hold UK ILR after a spouse visa since September 2013 and as per current rules eligible to apply for British Citizenship ,

Went to Ealing council for NCS after paying £60.00 and was told my application very likely to be refused since in year 2010 i overstayed in the Uk after an appeal for my PSW was dismissed ,

Had no idea it will have such big implication on this application but when i applied for spouse visa and for the ILR and i obviously always disclosed everything correctly , now apparently i have to wait till 2021 since the spouse visa from my country of origin was given on 27-07-2011 so have to wait for ten years

Is this correct ? and is there any discretion given on this at all or should i just wait for another five years and the naturalisation application fee would probably be around about 10k by then ?

Any reply by a professional or from personal experience will be appreciated


Best regrds

Deej

[LilyLalilu]

This seems correct and has to do with the good character requirement: https://www.gov.uk/government/uploads/s ... _D_v02.pdf (see 9.7)
Be glad, the NCS saved you the £1000 + application fee.

[noajthan]

The privilege of ILR and the privilege of citizenship operate under different legal frameworks.

The fact that someone with a certain history has been granted ILR does not mean that citizenship, with all of its different requirements including 'good character', is a done deal.

[deej2016]

thanks a lot for you replies , i read the 9.7 section which talks about evasion of immigration control but no where it says anything about over stay , talks about working illegally which i wasn't doing and was never arrested for being illegal and when i left the UK i left on my own accord and traveled on the same passport i came in on ,

I might be wrong but it seems like bit of grey area . you think its worth getting advice from an immigration lawyer or is it concrete and i shouldnt't waste time or money and just wait till JULY 2021

Best Regards

[ohara]

As part of the good character requirement, you must not have been in breach of immigration laws for the 10 year period before you submit your application.

If you in the UK with no valid visa/leave etc, then you were in breach of immigration laws. The 10 years will start from the day you became legal, so you should be able to apply on 28-07-2021

[seagul]

If you re-applied for another application within 28 days of appeal dismissed from inside the UK or left uk within 28 days of appeal dismissed date then you should be ok. Because section 3c & 3d protect from overstay.

[deej2016]

I actually left 6 months after the appeal was dismissed and didn't apply for any other visa either . At the airport when leaving I was questioned and was served with an IS15A form as well , which is submitted with the high commission when applying for my spouse visa .

Also I spoke to UKBA Nationality department today. Very helpful I must say , well the answer I was given is that I can apply quite likely will be a refusal but depends on the case worker and application could be successful as well .
If a 1000 pounds wasn't a big deal you guys think it's worth applying for it .

Best regards

[Rassel]

which num you call?
plz share.

discuss with expert immigration lawyer, might be get solution

I actually left 6 months after the appeal was dismissed and didn't apply for any other visa either . At the airport when leaving I was questioned and was served with an IS15A form as well , which is submitted with the high commission when applying for my spouse visa .

Also I spoke to UKBA Nationality department today. Very helpful I must say , well the answer I was given is that I can apply quite likely will be a refusal but depends on the case worker and application could be successful as well .
If a 1000 pounds wasn't a big deal you guys think it's worth applying for it .

Best regards

[deej2016]

the number is 03001232253.

No need to give your name or pther personal details , explainthe situation in full and they will let you know if you are eligible or not

thanks

[suzuka23]

If you re-applied for another application within 28 days of appeal dismissed from inside the UK or left uk within 28 days of appeal dismissed date then you should be ok. Because section 3c & 3d protect from overstay.

I had my ILR refused few years ago because they didn't apply 3c rule, and gave me no chance to appeal. After I graduated I applied for post study visa and got it refused because of the £800 rule (it had to be into the account 3 months before applying). I had a chance to appeal but left the UK after a week, and came back under Tier2. When I reached my 10 years, I applied for ILR which was refused because of that refusal, I still dont understand why they didn't apply the 3C rule as I was supposed to be protected (they gave me a specific date until which I could have appealed but I left before).

in 2014, I got ILR under the Tier 2 5 years scheme.And I applied in December for naturalisation, still no answer and starting to worry that they might refuse just like the ILR??

what are your thoughts?

[deej2016]

From the conversations I have had a few times with UKBA Nationality department , Unless there is a very clear refusal like someone not having appropriate qualification to prove English language ability the discretion of the case worker is what it comes down to ,

regarding my case when I was an overstayer but never committed any other crime or was never arrested or worked illegally , the lady said there is a chance I can be refused but depends on the case worker it can be success too ,

As much as they try to implement the rules or change them every few months I don't think there can ever be a clear answer and every case has it own merits and de merits which determine if the application is suucessful or not .

if you have applied already apart from waiting you cant do anything and hopefuly it will be a positive reponse


good luck #

[suzuka23]

Thank you Deej. So have you decided what will you do? Will you apply?

[deej2016]

I actually had a NCS appointment on Monday as I mentioned earlier in this thread and its the lady there who first pointed out this new rule based on good character . she also said a few times maybe the application will be successful and I said yes and signed everything .

Only after speaking to the Home Office and reading few posts here I am now pretty sure its just gonna be a wate of 1005 pounds that I phoned my bank and cancelled the card so that Home office cant take any money out

and I have been doing some reading and it seems a matter of discretion of secretary of state , obviouslt Ms MAy has better things to do than make decisions on each application so in this case we are really on the mercy of the case worker . lol

I know I had done wrong in the past but if the law is clear that if you did this 100% refusal that is actually not the case and its upto the case worker and depends if he or she is having a good day or not and cant belive I am saying this but can be a lot down to our luck ,

I am gonna consider an immigration lawyer and might re apply but again I don't have this money to waste and having my passport with indefinite leave to remain gives me the same rights


best regards

[seagul]

If you re-applied for another application within 28 days of appeal dismissed from inside the UK or left uk within 28 days of appeal dismissed date then you should be ok. Because section 3c & 3d protect from overstay.

I had my ILR refused few years ago because they didn't apply 3c rule, and gave me no chance to appeal. After I graduated I applied for post study visa and got it refused because of the £800 rule (it had to be into the account 3 months before applying). I had a chance to appeal but left the UK after a week, and came back under Tier2. When I reached my 10 years, I applied for ILR which was refused because of that refusal, I still dont understand why they didn't apply the 3C rule as I was supposed to be protected (they gave me a specific date until which I could have appealed but I left before).

in 2014, I got ILR under the Tier 2 5 years scheme.And I applied in December for naturalisation, still no answer and starting to worry that they might refuse just like the ILR??

what are your thoughts?

If you were given appeal right but immediately left uk then till appeal deadline you were covered by section 3c and if they refused on that basis then they were wrong??

[suzuka23]

Indeed, they did not give me a chance to appeal after that, so thought I would just wait another year and apply for ILR (Tier 2 migrant) and I was granted that time,.

Lets see if that will have a negative impact on my naturalisation

[Rassel]

Thanks

the number is 03001232253.

No need to give your name or pther personal details , explainthe situation in full and they will let you know if you are eligible or not

thanks