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Naturalisation advice needed
Posted: Sun Apr 12, 2015 11:42 am
by ridewithme
Hi Guys,
Just need some advice regarding my husbands application for naturalisation.
In short my husband entered the uk first as a student, overstayed his visa and returned voluntarily. We got married and applied for spouse visa which was granted and subsequently his ILR.
Now we are planning on applying for naturalisation for my husband, and we need to know if they could refuse it based on him overstayed his student visa.
Please advice us on the same.
Thankyou.
Re: Naturalisation advice needed
Posted: Sun Apr 12, 2015 12:21 pm
by CR001
Can you provide ALL the dates, start and end of visas, how long he overstayed, etc etc
Re: Naturalisation advice needed
Posted: Sun Apr 12, 2015 2:05 pm
by Casa
Re: Naturalisation advice needed
Posted: Sun Apr 12, 2015 3:45 pm
by ridewithme
Hi Guys,
Thankyou for the replies, much appreciated.
Entered with student visa : Sept 2003 (Visa expired oct 2006)
Voluntarily left : Aug 2010
Spouse visa granted : Sept 2011
ILR granted : Sept 2013
Hope this helps.
Re: Naturalisation advice needed
Posted: Sun Apr 12, 2015 4:25 pm
by CR001
Likely to be refused due to your 4 years overstay.
Re: Naturalisation advice needed
Posted: Sun Apr 12, 2015 4:44 pm
by ridewithme
Thank you for the reply.
When can he apply for naturalisation then or will he never be able to apply at all....??
Re: Naturalisation advice needed
Posted: Sun Apr 12, 2015 5:14 pm
by CR001
Amber wrote:I will reiterate, if you have not had Refugee Status, it's likely that you will be refused citizenship if, in the previous 10 years you have any period of contravening immigration control, I.e. Being in the UK unlawfully. The exceptions are only likely to include times when you were in the UK illegally for periods not deliberate or substantial. An example, may be when an in time application was deemed invalid and made you an overstsayer but, you subsequently rectified this by resubmitting the application and you were successful. Prolonged periods of being in the UK illegally are unlikely to be disregarded unless, for example, you were in hospital and had no way of making an in time application.
Extract from the link below
http://www.immigrationboards.com/britis ... 84190.html
Application appears therefore possible from August 2020, 10 years after leaving the UK as an overstayer.
Re: Naturalisation advice needed
Posted: Sun Apr 12, 2015 7:31 pm
by ridewithme
Hi,
Thankyou for the reply again.
Thats a bit disappointing, waiting till 2020 seems so long.
My husband and me are having a baby soon and wanted to sort this out before.
Thank you for your help.