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Naturalization and ILR Curtailment
Posted: Sat Oct 31, 2015 10:12 pm
by tiredoftiers
Cases pass through ILR stage successfully but when applying for naturalization and providing 10 years back employment history, some say they had worked more hours than they were allowed for (especially students) and are stuck at Naturalization stage, looking through posts on this forum I see applications were refused because of deception or for being not in line with immigration laws in the past (with excessive hours of working than allowed etc.)
Something that I need clarifications on is when one if found having such a back ground is refused for naturalization why UKV&I does not curtail their ILR for the same reason?
I have seen the refusals for the application made but not the curtailment (at the same time) of the existing leave!!
is it not a valid ground for UKV&I to consider that such a person was not supposed to have had such a grant if he honestly declared such a fact part of his ILR application that later was found at Naturalization stage?
Can someone shed some light on this?
Re: Naturalization and ILR Curtailment
Posted: Sat Oct 31, 2015 10:29 pm
by Wanderer
Citizenship is a privilege not a right, the rules of engagement are different....
If you've nothing to hide you've nothing to worry about so don't sweat it.
Re: Naturalization and ILR Curtailment
Posted: Sun Nov 01, 2015 11:37 am
by sshah20
Can you provide link where students naturalization has been refused on the basis of working more hours than allowed.
Re: Naturalization and ILR Curtailment
Posted: Sun Nov 01, 2015 12:24 pm
by secret.simon
Re: Naturalization and ILR Curtailment
Posted: Mon Nov 02, 2015 4:41 pm
by saanju9
tiredoftiers wrote:Cases pass through ILR stage successfully but when applying for naturalization and providing 10 years back employment history, some say they had worked more hours than they were allowed for (especially students) and are stuck at Naturalization stage, looking through posts on this forum I see applications were refused because of deception or for being not in line with immigration laws in the past (with excessive hours of working than allowed etc.)
Can you give us examples of people who got stuck at the Naturalisation Stage on the basis that they worked more than 20hrs when they are not supposed to work more than 20hrs. By this I mean.. they are not stupid enough to go and declare themselves (on the additional information page) that they have breached the immigration laws by working more than the allowed hours
Something that I need clarifications on is when one if found having such a back ground is refused for naturalization why UKV&I does not curtail their ILR for the same reason?
I have seen the refusals for the application made but not the curtailment (at the same time) of the existing leave!!
is it not a valid ground for UKV&I to consider that such a person was not supposed to have had such a grant if he honestly declared such a fact part of his ILR application that later was found at Naturalization stage?
Can someone shed some light on this?
I think they can strip them off their ILR and remove them from the country.... but I am not sure that they looking into that detail by themselves ... At least not at this moment (During the Naturalisation application)
Re: Naturalization and ILR Curtailment
Posted: Mon Nov 02, 2015 4:47 pm
by secret.simon
Good character is not a requirement for ILR.
Also, although it can be done, it is very rare for ILR to be withdrawn once granted.
Re: Naturalization and ILR Curtailment
Posted: Mon Nov 02, 2015 5:27 pm
by Casa
secret.simon wrote:Good character is not a requirement for ILR.
Also, although it can be done, it is very rare for ILR to be withdrawn once granted.
Except that it should be noted for good character: Since 13 December 2012 all applications for indefinite leave to remain must not fall for refusal under the general grounds for refusal under the immigration rules which include provisions relating to the applicant’s criminal record.
Also of course, ILR will be refused if a student has been working outside of their permitted hours.
Re: Naturalization and ILR Curtailment
Posted: Mon Nov 02, 2015 5:48 pm
by tiredoftiers
Aren't good character and not being in line with visa conditions 2 diffrent things?
On exposure and one being in breach of visa condition does automatically mean a person would not have had a leave he has if he disclosed this fact within ilr application.
Somebody above said rules of engagement are diffrent i say its even tighter towards grant but ineffective towards offenders
Considering the posts sofar on this topic I can conclude that no one actually know the reasons and they might(in the future) include and add this to current ilr conditions that ilr is to be withdrawn if such a fact appears was hidden at the time of grant
Or they might introduce such verifications before ilr grant in the future
Re: Naturalization and ILR Curtailment
Posted: Mon Nov 02, 2015 7:08 pm
by ouflak1
tiredoftiers wrote:
Considering the posts sofar on this topic I can conclude that no one actually know the reasons and they might(in the future) include and add this to current ilr conditions that ilr is to be withdrawn if such a fact appears was hidden at the time of grant. Or they might introduce such verifications before ilr grant in the future
Such speculation is beyond the capabilities of anybody here, including those with the most powerful psychic abilities. I haven't heard anything, and I don't think anybody else has either. Atleast I haven't seen anything posted. Such a measure wouldn't exactly require a new set of rules to be enforced, so there might not even be an announcement. Just an update to the case worker guidelines and that would be it.
Re: Naturalization and ILR Curtailment
Posted: Mon Nov 02, 2015 11:10 pm
by secret.simon
tiredoftiers wrote:Aren't good character and not being in line with visa conditions 2 diffrent things?
Not being in line with visa condition (i.e. breaking the visa conditions) could be considered as pointing out the lack of good character in an applicant. So, the former is a symptom of the latter.
In my personal opinion, ILR is the point at which the Home Office considers that the "centre of your life" is based in the UK (I am borrowing language from the EEA Regulations, but I think it expresses the idea quite well). You are legally settled in the UK and are treated almost on par with a citizen (excepting the right to vote). I think that at this stage, given that you have established a life in the UK, human rights law would kick in to make the removal of ILR status more difficult.
tiredoftiers wrote:
Considering the posts sofar on this topic I can conclude that no one actually know the reasons
I do not believe that Theresa May or James Brokenshire frequent this forum and so I am fairly confident that your conclusion is correct.
tiredoftiers wrote:they might introduce such verifications before ilr grant in the future
That is absolutely possible.
ouflak1 wrote:Such speculation is beyond the capabilities of anybody here, including those with the most powerful psychic abilities.
Wouldn't it be awesome if Mystic Meg were to advise on this forum?
Re: Naturalization and ILR Curtailment
Posted: Wed Nov 04, 2015 10:32 am
by saanju9
secret.simon wrote:
ouflak1 wrote:Such speculation is beyond the capabilities of anybody here, including those with the most powerful psychic abilities.
Wouldn't it be awesome if Mystic Meg were to advise on this forum?
Lol... kept giggling at it for a while