take them to the court

[yoldashhhh]

Hi Every one-
My Wife is a british citizen and i am on spouse visa- soon completing 5 year route and getting ilr-
6 years ago i applied for tier 1 visa and i was accused of DECEPTION- my visa was valid so i couldnot appeal it even though i did not do deception - since no right of appeal as visa valid- i didnt challenge in high courtas i wanted to save money and my long term gf was british and we both married to stay together - i was granted new spouse visa-
will i get passport? on bases that my wife is british citizen ? 1.5 year ago i renenwed my visa spouse extension flrm - no problem-
soon i will apply ilr and passport?
Thanks

[CR001]

How do you qualify for ILR when you only applied for FLR(M) extension this year?

http://www.immigrationboards.com/immigr ... l#p1288486

[Casa]

In addition to CR001's question....you can only apply for a British passport after being granted citizenship. They are completely different processes.

[CR001]

In addition to CR001's question....you can only apply for a British passport after being granted citizenship. They are completely different processes.

Oh yes, that too

[yoldashhhh]

thank you for reply - clarification you are right i have to wait till early 2018 to complete spouse rote than i apply ilr that is my plan -
2017 i complete 10 year route as well-
again please let me ask the question for future purpose-
once i get the ILR - on bases that my wife is british citizen and passport holder- old decpetion charge (which i couldnt challenge as no right of appeal --if ever given chance i want to fight that no deception) old deception will stop me getting passport?even though my wife and whole her family is British- ?
KindRegards

[CR001]

YOU have to meet the requirements, including the good character requirements, for British Citizenship. The fact that your family are all British is irrelevant to this.

Applying for citizenship doesn't give you an opportunity to 'fight' an old deception charge.

What exactly was the 'deception' HO accused you of?

[yoldashhhh]

Thanks
they said forighn banks statement are not genuine- we asked for dvr report they send all my documents but not any proof that they check the account statements held in foreighn country -
so what will happen now?when will i get my passport?will i ever get passport?

Thanks

[CR001]

If you claim you did not deceive and use dodgy bank statements, you should have challenged HO at the time. By not doing this, you have basically accepted their decision as fact.

Under what paragraph of the immigration rules did they refuse your application for deception? And what year was this exactly?

[yoldashhhh]

Thanks
Stupid me - tat i didnt go to judicial review- documents were not dodgy as i am not stupid to play with my future- i had genuine relationship with british citizen so might as well why not marrry?instead waisting money around on court to do what - get visa- i could easily get with my british wife- This was the stupid idea coming in my head-
They refused under 322 1 a and 320 7B -- and 1 year ban and can come back after one year if voluntarily leave- this made me angry as i done nothing wrong and make me spend money on judicial stupid me - so i decided to marry my long term genuine love and we did - we had to any way -
Please advise will i get passport? or can i take them to court now?its long time ago like 2012-
thanks

[CR001]

2012 isn't 6 years ago though is it.

322 1a is a mandatory refusal.

Suggest you focus on getting ILR first, they check everything again even for ILR based on 10 years long residence (it is a not a 'safe' route) and the previous deception refusal will most certainly flag up again.

Have you read through the tougher good character requirements?

[yoldashhhh]

thank you -
point is i know for a fact that i cant be refused visa as i have genuine subsisting relationship with my wife whi is british and i have a business here - paying tax and vat - i know that i cant be kicked out as my family is here who is british and we easily meet the financial requirement-
why i am concerned is i dont just want renewing visas all the time- once i complete the 5 year rule and get ilr- i should be able to get the Passport - yes i have read tougher new rules- my question is what should i do as i really want to have options like take them to court if they dont give me passport - whats the use living like immigrant when i can feed myself easly any where nature of my buisness is such - howwever my wife not ready to leave uk - and i dont see my self getting passport for stupid reason -
i see many people crying in this board for a speeding fine - any way what can i do?can i take them to court if no passport given?
thanks

[noajthan]

thank you -
point is i know for a fact that i cant be refused visa as i have genuine subsisting relationship with my wife whi is british and i have a business here - paying tax and vat - i know that i cant be kicked out as my family is here who is british and we easily meet the financial requirement-

...

Be aware, that even if so none of this guarantees that you will be granted ILR.

And if you are there is still no guarantee you will be granted citizenship at a later date, when the good character requirement will be applied again (as per the standards in place at that time) .

A passport is a further application process after being granted citizenship. So that is at least 3 steps away.

[CR001]

British citizenship is a privilege and not a right.

You need to get your phrases right in the first instance. You have to apply to naturalise as British, approval and attend a ceremony before you can 'apply for a passport'.

There is no appeal process for refused citizenship applications only reconsideration which is not a 'court' process. Many people live for long periods in the UK with only ILR.

Citizenship rules and laws are different and separate to the immigration rules.

[Casa]

You've missed the point that you can't apply for a British passport until you've been granted British citizenship and this could be refused under the new tougher good character rules. British citizenship isn't a right, it's a privilege granted by the Secretary of State and there is no right of appeal only a request for re-consideration.

Edit: Beaten by noajthan & CR001...both quicker off the mark!

[yoldashhhh]

thank you understood -
one last question -
depending on my case with Deception charge in history -
2017 10 year route complete better apply on this ILRor
2018 flrm complete apply after that ILR -
which one makes stronger case for ILR - or no difference really ?
thanks

[CR001]

Likely no difference for ILR, your full immigration history will be checked and the mandatory deception refusal will flag up on HO's system.

[yoldashhhh]

Likely no difference for ILR, your full immigration history will be checked and the mandatory deception refusal will flag up on HO's system.

Thank you - if no difference-God Forbids they refuce ilr on bases of past deception - wha visa will i get ?while still married with my british wife and 2 times visa and extension flrm and o after deception.what visa will they give?surely they cant just say go back if they had to why give spouse visa and extend?

[yoldashhhh]

was accused of deception in tier 1 application long time ago -
asked home office for dvr report never provided -
i belive my bank statemnets were genuine and can prove it -
my solicitor didnt apply on time for judicial review and i married my british citizen wife - granted visa nd i am about to complete my 5 year route and will apply for ilr-
i know i will get ilr easily - problem is british passport as i think they may not give british passport based on deception -
my question is can i take ukba to court now?after 5 years ?to reverse the decision of deception?
my bank statements are genuine and i had long term british citizen wife so i had no reason to use deception.
please advise?
thanks

[CR001]

So almost a year later, you are still going on about this deception issue that you did not try sort out at the time in 2012.

[yoldashhhh]

So almost a year later, you are still going on about this deception issue that you did not try sort out at the time in 2012.

hi - yes -- i have no problem in staying in this country as i have valid visa and soon i will get my ilr- but i want to get citizenship and passport as soon as possible as i can travel to europe and many countries without obtaining visa which will help me - my business requires numerous trips=

can you answer please one question - after long time can i take them to court and open this chapter again ?can i or not?
again i am on vaild spouse visa and soon will complete 5 year route and will get ilr straight and i want to apply for citizenship - and get passport -
why should i wait years for a deception which i havent done and silly me never took them to court but straight applied british spouse visa
please reply

[yoldashhhh]

So almost a year later, you are still going on about this deception issue that you did not try sort out at the time in 2012.

hi - yes -- i have no problem in staying in this country as i have valid visa and soon i will get my ilr- but i want to get citizenship and passport as soon as possible as i can travel to europe and many countries without obtaining visa which will help me - my business requires numerous trips=

can you answer please one question - after long time can i take them to court and open this chapter again ?can i or not?
again i am on vaild spouse visa and soon will complete 5 year route and will get ilr straight and i want to apply for citizenship - and get passport -
why should i wait years for a deception which i havent done and silly me never took them to court but straight applied british spouse visa
please reply

what i want is is i can - get the deception reversed before i apply for passport - doesnt matter this year ot next year - question is can i open old chapter and go to court?

[CR001]

What is the EXACT date of the refusal regarding deception?

[vinny]

In a new application, it may be unreasonable of them to ignore submitted evidence refuting a past deception charge.

[yoldashhhh]

What is the EXACT date of the refusal regarding deception?

hi -
it was some time 06-2012 -

i dont want to challenge deception when i apply for ilr after i complete my 5 year route as i simply dont trust home office-

my question is simple please answer- before i apply for ilr or citizenship i want to sort this decepttion thing once for ever-
can i take them to court now?after years as that time they failed to give me a dvr report - i can get bank statements and can i hire a team of solicitors yes team not one - and ask home office to come see me in court and tell us why they think i decieved them?
once i cleared my deception by that time i will complete my 5 year spouse route and apply for ilr citizienship and passport same year i get my ilr .
again please question is can i take them to court ?

[vinny]

If the past deception charges doesn't affect your ILR application, then on what grounds will you take them to court?

After you get ILR, why don't you provide sufficient evidence to refute the past deception charges in your nationalisation application? Wouldn't it be better to take them to court only if they choose to ignore this evidence?