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Citizenship refused dues to breach in student visa 8yrs ago.
Posted: Tue Aug 30, 2016 12:57 pm
by TUNDE0677
Hello guys, please i need your help maybe to apply for NR after i have been refused my naturalization.
I entered as a student 9yrs ago, but was arrested for breach of my visa based on 20hrs rule, but i worked 24hrs then. I later voluntary withdraw myself from the country with my cost to avoid the being deported or banned from UK. After a year and few months, i later joined my mrs as dependant on her visa and we have been living together more than five years in uk, we renewed our visas together and later got our ILR together. She got her naturalisation this year and mine has just been refused quoting my previous case of student visa. There is a clause that i might need to wait until 2019 to apply or i can apply NR if i feel the decision was not in accordance with thelaw.
Please kindly help me out, because all our renewal like 3times no one ever said anything about my previous case.
Anyone with good knowledge of this before applying for NR.
Re: Citizenship refused dues to breach in student visa 8yrs
Posted: Tue Aug 30, 2016 1:23 pm
by TUNDE0677
Please any with reply on my case.
Re: Citizenship refused dues to breach in student visa 8yrs
Posted: Tue Aug 30, 2016 1:26 pm
by Hola2015
TUNDE0677 wrote:Hello guys, please i need your help maybe to apply for NR after i have been refused my naturalization.
I entered as a student 9yrs ago, but was arrested for breach of my visa based on 20hrs rule, but i worked 24hrs then. I later voluntary withdraw myself from the country with my cost to avoid the being deported or banned from UK. After a year and few months, i later joined my mrs as dependant on her visa and we have been living together more than five years in uk, we renewed our visas together and later got our ILR together. She got her naturalisation this year and mine has just been refused quoting my previous case of student visa. There is a clause that i might need to wait until 2019 to apply or i can apply NR if i feel the decision was not in accordance with thelaw.
Please kindly help me out, because all our renewal like 3times no one ever said anything about my previous case.
Anyone with good knowledge of this before applying for NR.
Sorry about your refusal. While it may be true that you have had multiple visa renewals, the requirements for naturalisation is quite different from other visa application. Do bear in mind that the HO is stringent on character requirement of each applicant and it seems like you have failed this requirement by breaching of your student visa condition. It may be good to wait till 2019 to make a fresh application or you can try NR but don't put too much hope on this.
Re: Citizenship refused dues to breach in student visa 8yrs
Posted: Tue Aug 30, 2016 1:28 pm
by TUNDE0677
Thanks Hola
Re: Citizenship refused dues to breach in student visa 8yrs
Posted: Tue Aug 30, 2016 2:43 pm
by secret.simon
Hola2015 wrote:While it may be true that you have had multiple visa renewals, the requirements for naturalisation is quite different from other visa application.
The immigration process ends at ILR. Naturalisation is a separate process, under separate laws with different requirements.
One of the requirements is that you are "of good character". That involves, among other things, not having been in breach of immigration laws in the past ten years. By working more than the permitted hours, you were in breach of immigration laws and hence refused.
Wait until at least ten years have passed since the end of the offence and then reapply.
Re: Citizenship refused dues to breach in student visa 8yrs
Posted: Tue Aug 30, 2016 2:59 pm
by harshitguptaiitr
TUNDE0677 wrote:we renewed our visas together and later got our ILR together. She got her naturalisation this year and mine has just been refused quoting my previous case of student visa.
I will suggest to wait till 10 years past the case on your student Visa, before applying for naturalisation
Re: Citizenship refused dues to breach in student visa 8yrs
Posted: Tue Aug 30, 2016 4:10 pm
by TUNDE0677
What is the chance of the NR, and if the decision still upheld after NR review does that have any effect on ILR at any time.
Thanks guys.
Re: Citizenship refused dues to breach in student visa 8yrs
Posted: Tue Aug 30, 2016 6:15 pm
by secret.simon
Given that you fail to meet the requirements, I do not see what good the NR will do.
I doubt there will be any impact on the ILR. Sit tight and reapply in 2019.