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hi guys wonder if you could give me some advice we have nbeen married 4 yrs and we applied for naturalisation we have been refused as we are 121 days to early to apply .....they have took fee and its non refundable what to do

alisonpal wrote:what to do

Wait and apply again when you meet the requirements.

Is one of the persons in the marriage a British Citizen or a Settled person?

What is the current status of the other person (applying for naturalization)?

yes i am british husband has ilr as a spouse

hsmp28122006 wrote:

alisonpal wrote:what to do

Wait and apply again when you meet the requirements.

what and repay the 851 feee again ?

What do you mean by 121 days early?

Has the spouse been living in the UK for 3 years? How many days of absence had the applicant during the 3 years qualifying period?

If you need to reapply, then you need to pay the fee again

Looking back at your previous posts I can see that your husband was still in India in May 2010 waiting for his visa to be issued after you won the appeal.
Without knowing what date he eventually arrived in the UK, it's obvious that he hadn't spent 3 years here before your applied for his British Citizenship.
This means unfortunately that you will have to pay for another application once he reaches the 3 year residence requirement.

As you are British your spouse was making a 3-year application under section 6(2). Accordingly it is a requirement that the applicant was physically in the UK exactly 3 years before UKBA receive the Naturalisation application.

Unfortunately the legislation gives UKBA no discretion about this particular rule. The test is either passed or failed on the facts.

Your spouse failed the test, therefore the application was bound to fail. As you have found out the hard way, it is an application fee, not a success fee, although the comparatively small Citizenship Ceremony element will be refunded.

When exactly did your spouse arrive in the UK? And since arriving how many days have they spent outside the UK?

Hey guys,
I just got my ILR card and wondering if i can apply for Citizenship
next month and if not when can i do?
Here is my situation:
First arrived in Uk 22/aug/2008 with a student visa
got married in aug/2010 with BC and got my RP issued in 22/10/2010
expiring 2 years later.
Does anyone know if i can apply?
please give me some advise coz want get all these things done asap.

eqroz, now you have your ILR. do take account of the comment in my post above. but if all he rules are passed, you can apply now.

John wrote:eqroz, now you have your ILR. do take account of the comment in my post above. but if all he rules are passed, you can apply now.

Hey John, thx for yr quick reply i didn't see yr previous comment but it makes clearer now.
thanks man.

he came to uk 2010 4/06/10 and has neverleft apart from the wedding time in 2009 when we was refused immigration none to our fault we have now been married 4 yrs althought been in uk total from 2004 -2013

How long has he been living legally in the UK?

alisonpal, OK, so now you must appreciate the importance of the rule I have already mentioned. You might not understand why the rule is there, and I find it bizarre, but the rule is there and UKBA have no discretion about the rule.

Accordingly, based upon what you say, make a Naturalisation application say on or after 05.06.2013, and it should be successful.

] ty john so we just wasted another 900 but in long run we dont ned pay anymore fees thank god and ty all on this board for past 4 yrs for ya help been much appricated

alisonpal wrote:] ty john so we just wasted another 900 but in long run we dont ned pay anymore fees thank god and ty all on this board for past 4 yrs for ya help been much appricated

Moral of the story..... use the NCS when you apply for Citizenship.

D4109125, you make a good point. Had the application been checked at an NCS office, they would not have allowed it to be sent to UKBA in Liverpool, thus saving the Naturalisation application fee.

alisonpal wrote:hi can anyone help me my husband got british citizenship and passport how does he surrender his indian passport and how much is the fees to do this please

VR wrote:http://in.vfsglobal.co.uk/surrender_fees.html
cheers
vr