Citizenship Help Questions Pls

[Abdul6230]

Hi there
Can anyone please help me with my question.
I am Asian
I came in Uk September 2004
Got married in November 2008 (EU national)
Got RC in August 2009 (5 years RC)
Just couple of months before applying PR , my wife past away with breast cancer.
Anyway I applied for PR last year with all five year evidence and got it.
Applies for PR in August 2014 ( after 5 years )
Got PR in October 2014
And now after holding one year PR I have applied for naturalisation. My 1st question is my 1st visa finished in October 2008 and got married in November 2008 ( I had approval from HO to get marry) but I got date for Registration 8 days after my visa expired. After that I got the RC but my question is ! Will this affect my naturalisation ?
My 2nd question is when I got married in November 2008 and received acknowledgement letter from HO in June 2009 ( saying we received ur application for RC on April 2009 ). Then after my soliciter told me that he put my application about five month after my wedding ( five month after my visa expired). And now I m very upset that will HO approve my naturalisation application or not. Even I had RC then holding 5 years RC I applied PR and hadn't any issue. But don't know someone told it's difficult when u apply for naturalisation. I m paying taxes from past 10 years. Not bad background. I didn't travel outside UK in past 6 years. Can pls someone help with this. I ll be very very grateful to you guys. Thank you so much for reading my long Spammy Spammer.

[CR001]

I have created your own thread with your question and hopefully you will now get advice.

Can you please stop posting your same question in all the other peoples threads that are not relevant to your circumstances.

Multiple Posts (Click)

[Abdul6230]

Sorry about that. I was using this 1st time.

[Firefade]

Hi there
Can anyone please help me with my question.
I am Asian
I came in Uk September 2004
Got married in November 2008 (EU national)
Got RC in August 2009 (5 years RC)
Just couple of months before applying PR , my wife past away with breast cancer.
Anyway I applied for PR last year with all five year evidence and got it.
Applies for PR in August 2014 ( after 5 years )
Got PR in October 2014
And now after holding one year PR I have applied for naturalisation. My 1st question is my 1st visa finished in October 2008 and got married in November 2008 ( I had approval from HO to get marry) but I got date for Registration 8 days after my visa expired. After that I got the RC but my question is ! Will this affect my naturalisation ?
My 2nd question is when I got married in November 2008 and received acknowledgement letter from HO in June 2009 ( saying we received ur application for RC on April 2009 ). Then after my soliciter told me that he put my application about five month after my wedding ( five month after my visa expired). And now I m very upset that will HO approve my naturalisation application or not. Even I had RC then holding 5 years RC I applied PR and hadn't any issue. But don't know someone told it's difficult when u apply for naturalisation. I m paying taxes from past 10 years. Not bad background. I didn't travel outside UK in past 6 years. Can pls someone help with this. I ll be very very grateful to you guys. Thank you so much for reading my long Spammy Spammer.

I believe you have 3month grace before you can apply for a Residence card under EU law after marrying your EEA partner. Now you need explanation for the other 2 months.
Question is,when did you apply for COA (certificate of approval to get married)?

[Abdul6230]

Thanks for the reply. My Solisters that time went home and he put my application in April 2009 instead November 2008 ( November i got married ). These five months I had payslips. I was working legally here. Do u think it will be a problem for me ( for naturalisation ). Even though i hadn't any problem when I applied for RC and PR. I don't have any absence from last 6 years. Paying tax from past ten years. I lost my wife in 2013.

[Firefade]

I believe you have the same right as your late EEA spouse and having a residence card is not a requirement but helpful!
You are fine the date you applied for COA,when was this? When did the authority received your application asking for permission to marry your EEA spouse?
Sorry about your late wife.

[Abdul6230]

The approval letter for marriage was ending on end of November 2008. In short I stayed about four month with out visa after my marriage.
Marriage :November 2008
Received Acknowledgement letter from HO in May 2009 stated that we recieved ur application on 19 April 2009. So that's mean I was without visa from November 2008 till April 2009 until they recieved my application. I m so upset Now. Don't know what's gonna happend. I put my naturalisation application last week through local council. I m here from more than 11 years.
I really appreciate that u replying me. Pls tell me what I can do now if they reject my application

[ouflak1]

The approval letter for marriage was ending on end of November 2008. In short I stayed about four month with out visa after my marriage.
Marriage :November 2008
Received Acknowledgement letter from HO in May 2009 stated that we recieved ur application on 19 April 2009. So that's mean I was without visa from November 2008 till April 2009 until they recieved my application.

Actually if they are going to hold you off until your first day of legal stay, then that would be from August 2009, which would mean you could first apply for citizenship in August 2019. Acknowledgement of a visa application, even if it is eventually successful, does not in itself make one's presence lawful (except perhaps in a few particular cases under some very particular circumstances which don't apply here). Unfortunately the COA had nothing really to do with legitimizing stay. But, I do think that a caseworker on the balance of things might take all of the details of your case into consideration. One thing on your side is that the COA had become notorious by that point for several reasons. It's not unreasonable to argue that waiting for approval of this document (that was later declared a violation of Human rights) delayed other visa options you would have taken to continue your lawful stay. Even if they reject your application, I think you have a strong case for reconsideration based on that point alone.

You may just have to wait and let us know how it turns out. If you're approved, great. If not, we can explore your options then.

[Firefade]

I believe your overstay is a matter of weeks not months. You applied for COA 3 months before your visa expired if i am correct? You should have married before your visa expired or the COA.The moment you got married your stay is legal under EU law as long as your spouse is exercising treaty rights.There is no legal requirement to my understanding that you have to apply for residence card.Your marriage certificate is good enough to show you are a legal residence under EU law so long your spouse was exercising treaty rights. You wouldn't have a RC or PR if you have been illegal. HO may want to take into consideration the fact you were late in getting married meaning you were staying illegally before marrying your spouse.

its a 70-30 in your advantage.

[ouflak1]

The moment you got married your stay is legal under EU law as long as your spouse is exercising treaty rights.

I don't think this is true. I could be totally wrong, but I do believe that the non-EA spouse still must apply for a spouse permit to legalize their stay in the EU country they want to reside. And I don't think the EA spouse has to be exercising treat rights unless they are not residing in their own country. They just have to be EA. I don't mind being totally wrong on that though. It would be an interesting way to get around typical UK visa rules. I couldn't find any details anywhere that confirmed that simply being married to an EA citizen was enough. In fact, I've found contradictory information to that. It depends on the OP's county of origin.

There is no legal requirement to my understanding that you have to apply for residence card. Your marriage certificate is good enough to show you are a legal residence under EU law so long your spouse was exercising treaty rights.

See above. I can find no evidence that this is true

HO may want to take into consideration the fact you were late in getting married meaning you were staying illegally before marrying your spouse.

its a 70-30 in your advantage.

I think that they should take into consideration the possibility that the COA delay was the reason for the marriage delay. I would (but ofcourse it's a bit personal for me, so I'm admittedly biased).

[Abdul6230]

Hi there. Just want to ask u about missing job history on An form. Shall I contact HO or ? I forgot to put my part time job on form( I did 4 months ) in 2012. Pls reply me. Thanks a lot