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Confused whether to apply for Citizenship or not?

Posted: Fri Jan 01, 2016 11:51 pm
by Perdesi007
Hello Every one and Happy New Year,

One of my friends who is on ILR for more than a year now, confused on whether to apply for citizenship or not.

Here are his circumstances:

He entered into the UK as a student in 2004, he studied his course but also was working as a full time employee although only 20 hours work was allowed.

Later he applied T1 General visa and was granted visa on employment and self employment basis, his extension was also done successfully on the the same grounds. He got his ILR stamped last year July. After getting ILR he claimed his tax back from HM Revenue that he paid as a self employed owner of his own company. He also closed down his company when his ILR was approved.

Since the change of AN form where HO asks for 10 years work history he is confused whether to apply for citizenship or not.

If he applies for it , would there be any chances that they refuse it on tax refund basis or full time employment between 2004 and 2010 when he was a student?

He also does not remember where exactly he worked and how long he worked for that company as he does not remember exact dates and duration of his jobs from 2004 to 2010.

Thanking you in advance for your support in this regard.

Re: Confused whether to apply for Citizenship or not?

Posted: Sat Jan 02, 2016 12:04 am
by geriatrix
Why did he claim his tax back after settlement?
Simple overpayment of tax with no manipulation of previous accounts, no problem. Anything else involving manipulation that is not legitimate, could be a big problem! Plus working full time when not allowed is another (big) issue.

Re: Confused whether to apply for Citizenship or not?

Posted: Sat Jan 02, 2016 12:27 am
by Perdesi007
sushdmehta wrote:Why did he claim his tax back after settlement?
Simple overpayment of tax with no manipulation of previous accounts, no problem. Anything else involving manipulation that is not legitimate, could be a big problem! Plus working full time when not allowed is another (big) issue.
someone advised him to claim it back and close the firm as ILR has been granted, he did it but now got stuck due to changes in application form.

Is there any way around it to resolve the matter?

Re: Confused whether to apply for Citizenship or not?

Posted: Sat Jan 02, 2016 12:32 am
by vinny
Perdesi007 wrote:He entered into the UK as a student in 2004, he studied his course but also was working as a full time employee although only 20 hours work was allowed.

...full time employment between 2004 and 2010 when he was a student?
May be a problem, if he breached his conditions of stay.

Re: Confused whether to apply for Citizenship or not?

Posted: Sat Jan 02, 2016 1:12 am
by noajthan
Perdesi007 wrote:Hello Every one and Happy New Year,

One of my friends who is on ILR for more than a year now, confused on whether to apply for citizenship or not.

Here are his circumstances:

He entered into the UK as a student in 2004, he studied his course but also was working as a full time employee although only 20 hours work was allowed.

Later he applied T1 General visa and was granted visa on employment and self employment basis, his extension was also done successfully on the the same grounds. He got his ILR stamped last year July. After getting ILR he claimed his tax back from HM Revenue that he paid as a self employed owner of his own company. He also closed down his company when his ILR was approved.

Since the change of AN form where HO asks for 10 years work history he is confused whether to apply for citizenship or not.

If he applies for it , would there be any chances that they refuse it on tax refund basis or full time employment between 2004 and 2010 when he was a student?

He also does not remember where exactly he worked and how long he worked for that company as he does not remember exact dates and duration of his jobs from 2004 to 2010.

Thanking you in advance for your support in this regard.
It appears your friend has managed to manouvere himself into a case for refusal on several levels.

It is his responsibility to submit adequate documentary supporting evidence with any application for the privilege of citizenship.

It is his obligation to vouch for his full & complete disclosure of material facts in the Declaration he is required to sign.

And as well as vouching for his own good character the Home Office will ofcourse be crosschecking and verifying 'good character' using the governmental & other national datasources available to them.

Based on the circumstances you have summarised your friend has given a Home Office caseworker plenty of grounds for refusal; in any case there is never a cast-iron guarantee of success.