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Naturalization application with ILR refusal history

Posted: Thu Mar 09, 2017 12:21 pm
by zullu41
Hi,

I was on Tier-1 General and doing IT contracting via my limited company. My ILR was refused initially due to missing/late SA returns and they applied 322 (5 ) along with other clauses. I re applied and it got approved. Basically the accountant accepted his mistake for missing the SA returns and gave me a letter which helped in getting the ILR approved. There was no additional tax due even though the returns were filed late. My all due taxes etc have been paid in time throughout my time in UK and everything else is also in order.

Now it is time to apply for naturalization and i have some queries:

(1) Having a history of ILR refusal and 322 (5) shall i apply via NCS or via a Solicitor etc ?
(2) My previous accountant very clearly accepted his mistake that he was responsible for 2 late filed SA returns and gave me a letter confirming this which i used in my successful ILR application ( i also changed my accountant before that application ). I also have evidence that all my company accounts have been filed in time with dividends mentioned. Also all taxes have been paid in time and no additional payments were due/made to HMRC when my 2 SAs were filed late so is this 322(5) still relevant ?
(3) I also applied for SAR and from the case worker notes it seems that my 2nd ILR application was successful because the case worker acknowledged that i had paid substantial tax throughout my 5 years via my limited company so this seems to be positive ??
(4) Does my successful ILR application overwrites previous application i.e. 322 (5) ?
(5) In terms of timeline how much extra time it normally takes if you apply via post/solicitor compared to NCS ?

Your help is highly appreciated.

Zullu

Re: Naturalization application with ILR refusal history

Posted: Thu Mar 09, 2017 12:22 pm
by CR001
(5) In terms of timeline how much extra time it normally takes if you apply via post/solicitor compared to NCS ?
It makes no difference. HO will take as long as they need regardless of which option you choose to apply.

Re: Naturalization application with ILR refusal history

Posted: Thu Mar 09, 2017 3:51 pm
by zullu41
Thanks CR001. In case i apply via post do they return the identity documents after verification or will they keep passport for the duration they are processing the application ??

Re: Naturalization application with ILR refusal history

Posted: Thu Mar 09, 2017 3:54 pm
by CR001
zullu41 wrote:Thanks CR001. In case i apply via post do they return the identity documents after verification or will they keep passport for the duration they are processing the application ??
They keep them for the duration of the process and you get them back shortly before or after the approval letter.

I would strongly recommend you use NCS.

Re: Naturalization application with ILR refusal history

Posted: Tue Mar 14, 2017 11:47 am
by zullu41
CR001 wrote:
zullu41 wrote:Thanks CR001. In case i apply via post do they return the identity documents after verification or will they keep passport for the duration they are processing the application ??
They keep them for the duration of the process and you get them back shortly before or after the approval letter.

I would strongly recommend you use NCS.
Thanks CR001. I have finally decided to go via NCS.
Being a limited company director I am sending my last 5 years SA302 and P60s. I suppose this is enough to cover the employment history ? or do i need anything else.

Re: Naturalization application with ILR refusal history

Posted: Tue Mar 14, 2017 12:21 pm
by CR001
Yes, that should be sufficient

Re: Naturalization application with ILR refusal history

Posted: Wed Mar 15, 2017 11:52 am
by zullu41
CR001 wrote:Yes, that should be sufficient
Thanks once again.
In the referee section in the AN form "5.2 Say how you know the applicant" we have written FAMILY FRIENDS . Is this ok ?

Re: Naturalization application with ILR refusal history

Posted: Thu Mar 16, 2017 10:42 am
by zullu41
I have been advised by my solicitor that they can also send certified copies of passport/BRP with the application and i can keep the originals. Is this something that is recommended or can this only be done in exceptional circumstances ?

I thought NCS was the only option.

Re: Naturalization application with ILR refusal history

Posted: Thu Mar 16, 2017 11:51 am
by blessedtoday
zullu41 wrote:I have been advised by my solicitor that they can also send certified copies of passport/BRP with the application and i can keep the originals. Is this something that is recommended or can this only be done in exceptional circumstances ?

I thought NCS was the only option.
Why would you pay the expensive solicitor fees when NCS charges between £60-£80 depending on were you live and/or if you doing the passport application as well.
With NCS you can apply for your passport at the same time and after the ceremony it gets dispatched to you