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HSMP JUDICIAL REVIEW TIME SPENT OUTSIDE UK for Citizenship
Posted: Tue Mar 13, 2012 7:09 pm
by saqibmalik1
Hello, Is there anybody who was covered by HSMP Judicial Review and he/she applied for Citizenship and got application refused do to excess time outside UK? I have been refused. I wish to go for Judicial Review. Any body with same circumstances? we can do it collectively. 07432130331
Posted: Wed Mar 14, 2012 5:09 pm
by Pirania
Omg!
I've just sent my application today. Hope for the positive reply.
How many days you've spent outside? Do you own or rent your property? How big is your family?
Good luck to your further actions!!!!
Posted: Thu Mar 15, 2012 2:36 pm
by saqibmalik1
I have 3 kids one in Brit. by birth, and a spouse. I rent the flat. The question is are they counting the time towrds citizen qualifying time or not?. They did counted it when they gave ILR. I did ask them their policy on the issue before applying for citizenship. They said they dont had any current policy but were reviewing their position. They acknowledged that they have received lots of representaions on the above subject. I wish you best of luck. In refusal letter they told me that they were not of the view that the subject time should be counted in citizenship application as well. I have talked to different experts and they are of the view if we go for Judicial review there are fair chances of succes. Proper JR is quiet expensive process.
Posted: Fri Mar 16, 2012 5:05 pm
by vinny
saqibmalik1 wrote:Hi everybody>
My wife is on spouse visa and is due ILR in January 2013. I am a Uk settled person (Have ILR), we have 3 kids one of which is UK citizen by birth. My question is Can my wife apply for citizenship in Jan 2014 ( I will not be a Brit. at that time) . I will qualify for citizenship in Dec.2014 can she apply for citizenship at that time with me? If no, then can she apply for citizenship immidiately after my citizenship?
Thanks for your help
Posted: Fri Mar 16, 2012 5:58 pm
by Jambo
Posted: Fri Mar 16, 2012 8:24 pm
by saqibmalik1
THANKS
Posted: Fri Mar 16, 2012 8:39 pm
by saqibmalik1
Thanks Jambo, It means
My wife can only apply after my Citizenship Ceremony and thus we need to apply separately. Please correct me if I am wrong.
Posted: Sat Mar 17, 2012 12:43 am
by osteophytes
vinny wrote:saqibmalik1 wrote:Hi everybody>
My wife is on spouse visa and is due ILR in January 2013. I am a Uk settled person (Have ILR), we have 3 kids one of which is UK citizen by birth. My question is Can my wife apply for citizenship in Jan 2014 ( I will not be a Brit. at that time) . I will qualify for citizenship in Dec.2014 can she apply for citizenship at that time with me? If no, then can she apply for citizenship immidiately after my citizenship?
Thanks for your help
So the OP applied 20 months sooner and was refused? What is the basis for JR?
Posted: Sat Mar 17, 2012 12:57 pm
by saqibmalik1
I was covered by HSMP Judicial Review and my excess absences were counted towrads ILR qualifying period. I thought the Home Office will count this period towards my Nationality application as well, but they did not. My point is that if this absence was due to "unlawful changes introduced by Home office" ( as declared by High Court) they sould also count it towards my citizenship application.
Posted: Sat Mar 17, 2012 1:01 pm
by Jambo
Posted: Sun Mar 18, 2012 10:03 am
by saqibmalik1
I also made the same FOI request to the UKBA through a famous website and got the exactly same response. Do you think this letter clearly says about their policy? I also got encouraged to apply after receipt of this letter. The letter sayss they do not have any Current Policy. Then why they are refusing people on these grounds. These cases are rare and are result of Home Office's unlawaful changes. Why dont they excersise the discrition? They can discount more than 900 days absences as well.