Citizenship application

sorrels_mo · Post by **sorrels_mo** » Wed Mar 06, 2024 3:24 am

Hi,
I currently hold Indefinite Leave to Remain (ILR) as a dependent of a skilled worker's visa holder. Prior to obtaining this status, my application based on Human Rights (Article 8. ) for family and private life was refused, and despite filing for Judicial Review (JR), it was also denied. As a result, I was required to leave the country, which I complied with. Upon returning to my home country, I applied for and was granted a dependent visa under the skilled worker category, allowing me to re-enter the country. Subsequently, I obtained ILR status.

I am now contemplating applying for citizenship and am concerned about any potential negative impacts resulting from the previous refusals, particularly regarding the assessment of good character. Any insights on this matter would be greatly appreciated.

Thank you.

Post by **contorted_svy** » Wed Mar 06, 2024 5:00 am

Can you post a timeline of your applications and refusals? were you at any point an overstayer? You need to have held ILR for at least 12 months to apply.

sorrels_mo · Post by **sorrels_mo** » Wed Mar 06, 2024 6:29 am

Thanks.
The only time I was without visa when FLR application was with Home office and during the JR. After JR refused i have give 45 days time to leave and i left before. I’m not sure if this will count as overstay.

Yes I am ILR more than a Year now.

Thanks

Post by **contorted_svy** » Wed Mar 06, 2024 8:16 am

In order to be able to help I need a timeline with rough dates of applications and what the outcome was, this is not enough information.

sorrels_mo · Post by **sorrels_mo** » Wed Mar 06, 2024 9:03 am

Please see below.

Student Visa: September 2010 Until Sep 2014
Student Visa Extension: Aug 2014. Valid until Sep 2015
FLR application submit on the last day of Visa Expired
February 2016 -FLR Refused
April 2017 = JR Refused
April 2017 Left Country
August 2017- Re-enter dependent of a skilled worker
Visa Extension: May 2020 - June 2023
ILR - Jan 2023

Post by **CR001** » Wed Mar 06, 2024 9:11 am

Did you get the right to appeal or not? JR is not the same process as appeals and it is an important difference.

What was the reason for flr refusal?

Post by **contorted_svy** » Wed Mar 06, 2024 9:28 am

sorrels_mo wrote: ↑
Wed Mar 06, 2024 9:03 am
Please see below.

Student Visa: September 2010 Until Sep 2014
Student Visa Extension: Aug 2014. Valid until Sep 2015
FLR application submit on the last day of Visa Expired
February 2016 -FLR Refused
April 2017 = JR Refused
April 2017 Left Country
August 2017- Re-enter dependent of a skilled worker
Visa Extension: May 2020 - June 2023
ILR - Jan 2023

On what grounds were you in the UK from Feb 2016 to Apr 2017? If you didn't have a valid visa, what was your immigration status?

sorrels_mo · Post by **sorrels_mo** » Wed Mar 06, 2024 10:14 am

Hi Both,

@CR
Did you get the right to appeal or not? JR is not the same process as appeals and it is an important difference.
For FLR yes we did have right to appeal and further supporting documents was submit.
I am not 100% about JR. I don't think so We have

What was the reason for flr refusal?
Reason FLR was refused Home Office was thinking we have not established private life.

@contorted_svy
On what grounds were you in the UK from Feb 2016 to Apr 2017? If you didn't have a valid visa, what was your immigration status?
Because our FLR and JR application was with Home Office.

Post by **CR001** » Wed Mar 06, 2024 10:27 am

You need to be sure what you did and gpt bakc to paperwork to check.

An appeal will protect your section 3c meaning ypurtime remains "legal".

JR (Judicial Review) is a process outside of the immigration rules and does not protect section 3c meaning if you did JR, you had no legal stay in the uk after the refusal.

sorrels_mo · Post by **sorrels_mo** » Wed Mar 06, 2024 10:53 am

Thanks CR. I will check this for sure.

Also if I have no right to appeal in JR is that mean I will never apply for Citizenship application because I was illegal after JR was refused.

It saying "If you have been granted permission to stay in a country for an unlimited period, the government usually won't investigate whether you violated any immigration laws before that time."

Ref: https://www.gov.uk/apply-citizenship-in ... -to-remain

Is that mean they are not going to look back the immigration history if I have ILR ?

Post by **contorted_svy** » Wed Mar 06, 2024 11:20 am

If you were an overstayer you need to wait until August 2027, when you will have had 10 years of lawful residence in the UK. The clause you quoted only applies to the 5 year qualifying period. You can do a SAR with UKVI to see what data they have on you, that might reveal if you were staying lawfully in 2017 or not.

sorrels_mo · Post by **sorrels_mo** » Wed Mar 06, 2024 11:59 am

I am looking for copy of JR and there is nothing mention about the right to appeal.

It very brief letter. Just one page

sorrels_mo · Post by **sorrels_mo** » Tue Mar 12, 2024 11:48 am

I'm seeking clarification on a matter regarding our situation. After our judicial review (JR) was refused, we understood that we were required to leave the country, which we promptly did, adhering to the agreed-upon timeline set by the Home Office. It seems unfair that individuals cannot depart immediately after a JR or visa application is denied without the right to appeal. We had no intention of overstaying. We requested and were granted an appropriate amount of time by the Home Office. It's disheartening to see the Home Office place individuals in such situations.

On another note, I'd like to highlight my contributions during the COVID-19 pandemic. I've been working in a hospital, providing assistance to the community during a time when most were safely at home. Additionally, since the beginning of the pandemic, I have actively participated in various COVID-related studies and trials, and I am currently involved in one such trial. I'm curious whether these efforts would be considered in assessing my character. Would this substantial contribution outweigh any issues related to my previous visa application denial?

Post by **contorted_svy** » Tue Mar 12, 2024 6:57 pm

sorrels_mo wrote: ↑
Tue Mar 12, 2024 11:48 am
I'm seeking clarification on a matter regarding our situation. After our judicial review (JR) was refused, we understood that we were required to leave the country, which we promptly did, adhering to the agreed-upon timeline set by the Home Office. It seems unfair that individuals cannot depart immediately after a JR or visa application is denied without the right to appeal. We had no intention of overstaying. We requested and were granted an appropriate amount of time by the Home Office. It's disheartening to see the Home Office place individuals in such situations. I would request a SAR if I was in your situation,to see if you were highlighted as an overstayer or if your stay was lawful.

On another note, I'd like to highlight my contributions during the COVID-19 pandemic. I've been working in a hospital, providing assistance to the community during a time when most were safely at home. Additionally, since the beginning of the pandemic, I have actively participated in various COVID-related studies and trials, and I am currently involved in one such trial. I'm curious whether these efforts would be considered in assessing my character. Would this substantial contribution outweigh any issues related to my previous visa application denial? Very unlikely. You don't get to waive a necessary requirement with something that isn't necessary

You have to ascertain if your stay in 2017 after JR was refused was lawful or not. Until we have the answer to that question we can't say for sure if you respect the good character requirement or not.

sorrels_mo · Post by **sorrels_mo** » Wed Mar 13, 2024 11:21 am

Thanks
I submitted the Subject Access Request (SAR) yesterday. I requested the Detailed request option, although I'm unsure if this is the correct one. They have informed me that it will take approximately 30 days to process. Do we have any knowledge of how long this process typically takes?

Post by **contorted_svy** » Wed Mar 13, 2024 9:08 pm

They said 30 days, so you need to wait until then if that's teh time they quote. I did one in summer 2022 (not teh detailed option) and it took 3-4 weeks.

sorrels_mo · Post by **sorrels_mo** » Wed Apr 10, 2024 4:23 pm

Hello everyone,

I've received the CID Search Summary Report. Upon reviewing it, I haven't found any indication of illegal status. I would greatly appreciate it if someone could confirm if this is correct, so I can proceed with my Citizenship application.

Thank you!

Post by **contorted_svy** » Wed Apr 10, 2024 6:01 pm

Hard to tell from there, as CR001 said above you need to clarify if it was a JR or an appeal.

sorrels_mo · Post by **sorrels_mo** » Wed Apr 10, 2024 7:00 pm

Hi,

I have received the full SAR . Although I still need to review it thoroughly, I haven't come across any comments or notes regarding an illegal stay.

Towards the end of the file, there is a note mentioning a law that indicates leaving the country within 90 days after the refusal of a JR (Judicial Review) will not be considered illegal. Is any one aware of this kind of law in 2016/2017.

Wording from the file

Family voluntary departed the UK at OWN expense 10/04/2017 within the 90 days of the date of last refusal (JR 01/02/2017) as this refusal was prior to 29/03/2017. no entry ban is applicable for the family.

Thanks

sorrels_mo · Post by **sorrels_mo** » Fri Apr 12, 2024 10:40 am

I'd like to request guidance from the board members and administrators regarding whether I am considered an overstay based on the CID Search Summary Report, or if I can proceed with applying for citizenship.

Dancull · Post by **Dancull** » Fri Apr 12, 2024 10:48 am

sorrels_mo wrote: ↑
Fri Apr 12, 2024 10:40 am
I'd like to request guidance from the board members and administrators regarding whether I am considered an overstay based on the CID Search Summary Report, or if I can proceed with applying for citizenship.

Isn't overstaying will be disregarded according to the latest caseworker guidance?

"Applications received from people with indefinite leave to enter or remain in the UK
If the applicant has indefinite leave to enter or remain in the UK (ILE or ILR) you do not need to look back to see if they were here lawfully. You may proceed to grant the application if all the other requirements are met.

You do not need to ask for evidence of the person’s status prior to them being granted ILE or ILR, or whether they were working lawfully, or what their basis of stay was in the UK. For example, you do not need to enquire what activity was being undertaken or whether EEA nationals with ILR needed or had comprehensive sickness insurance. This will apply to most cases."

Post by **contorted_svy** » Fri Apr 12, 2024 12:54 pm

Dancull wrote: ↑
Fri Apr 12, 2024 10:48 am

sorrels_mo wrote: ↑
Fri Apr 12, 2024 10:40 am
I'd like to request guidance from the board members and administrators regarding whether I am considered an overstay based on the CID Search Summary Report, or if I can proceed with applying for citizenship.
Isn't overstaying will be disregarded according to the latest caseworker guidance?

"Applications received from people with indefinite leave to enter or remain in the UK
If the applicant has indefinite leave to enter or remain in the UK (ILE or ILR) you do not need to look back to see if they were here lawfully. You may proceed to grant the application if all the other requirements are met.

You do not need to ask for evidence of the person’s status prior to them being granted ILE or ILR, or whether they were working lawfully, or what their basis of stay was in the UK. For example, you do not need to enquire what activity was being undertaken or whether EEA nationals with ILR needed or had comprehensive sickness insurance. This will apply to most cases."

This only applies to the last 5 years in the qualifying period. There is another section about immigration offences that must be considered for good character.

Dancull · Post by **Dancull** » Fri Apr 12, 2024 2:14 pm

contorted_svy wrote: ↑
Fri Apr 12, 2024 12:54 pm

Dancull wrote: ↑
Fri Apr 12, 2024 10:48 am

sorrels_mo wrote: ↑
Fri Apr 12, 2024 10:40 am
I'd like to request guidance from the board members and administrators regarding whether I am considered an overstay based on the CID Search Summary Report, or if I can proceed with applying for citizenship.
Isn't overstaying will be disregarded according to the latest caseworker guidance?

"Applications received from people with indefinite leave to enter or remain in the UK
If the applicant has indefinite leave to enter or remain in the UK (ILE or ILR) you do not need to look back to see if they were here lawfully. You may proceed to grant the application if all the other requirements are met.

You do not need to ask for evidence of the person’s status prior to them being granted ILE or ILR, or whether they were working lawfully, or what their basis of stay was in the UK. For example, you do not need to enquire what activity was being undertaken or whether EEA nationals with ILR needed or had comprehensive sickness insurance. This will apply to most cases."
This only applies to the last 5 years in the qualifying period. There is another section about immigration offences that must be considered for good character.

Thanks for the information, I overlooked it. Apologies for providing the wrong advise.

sorrels_mo · Post by **sorrels_mo** » Fri Apr 12, 2024 3:52 pm

I've gone through the SAR report and didn't find any mention of overstaying or illegal stay.

Can I proceed with application ?

Thanks

sorrels_mo · Post by **sorrels_mo** » Sun Apr 21, 2024 7:16 am

Could anyone advise me on whether I should proceed with the application? Your assistance would be greatly appreciated, and I would be very thankful for your help.

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