Urgent - Naturalisation Rejection of Wife on Husband applict

[ashishb]

Hello Everyone
I just need an urgent help for my wifes naturalisation which has been rejected 3 weeks ago, and I am considering to reply back next week for the same.
Background - I have applied for Tier 1 in Sept 2009 and I was dependent on my husband, however my husband received a rejection in June 2010 - for which he appealed back and after some time my wife withdraw her application and went outside the country to apply for Tier 1 general in her own rights.
She left the country in Nov 2010 and applied on 8th Nov in her home country, she received the TIER 1 General and came back to England on Dec 4th, 2010.

In the meantime i kept on fighting my case - during the first time in the court my Judge concluded that I have used deception in my application. However I kept on fighting the case and later won the case and the other there were two judges who concluded - that the deception– “was not material” and was more of historical rather than current significance.

Anyways I received my Tier 1 on the basis of my wife later on and we had the confirmed ILR in year 2015. We had our son who is already a british passport holder. In year 2017 we applied for my wife for the naturalisation however after 5 months they sent a refusal letter by explaning - Our enquiries into your application reveal that on 23 sept 2009 your husband applied for leave to remain and you were a dependant on that application. This application was subsequntly refused on 11june 2010 for deception and as a dependent your application was also refused in line. Please see paragraph below from our refusal letter to you: In view of the fact that your partners application for further leave to remain in the UK as a Tier 1 (General) Migrant has been refused,the secretary of state is not satisfied that you are the spouse or civil partner, umarried or same sex partner of a person who has valid leave to remain as a Tier 1 migrant or is at the same time being granted leave to remain as a Tier 1 Migrant. The application has been cancelled on not meeting requirement for paragraph 319C (b).


Our point is that when she has already withdrawn from the application - even though we got the rejection and the appplication was always live at home office, as i have been always appealing against their decision. Still they have rejected her application.

Can someone guide against the same - your quick response would be really appreciated.
Thanks
If anyone need further history don't confuse - we got the result of rejection from our tier 1 in 2010 june and then we applied again and later on she withdrawn from the application.

Being an individual in her own rights shouldn't she be applicabel for a british passport - pLZ. COmment.

Thanks

[CR001]

Background - I have applied for Tier 1 in Sept 2009 and I was dependent on my husband, however my husband received a rejection in June 2010 - for which he appealed back and after some time my wife withdraw her application and went outside the country to apply for Tier 1 general in her own rights.
She left the country in Nov 2010 and applied on 8th Nov in her home country, she received the TIER 1 General and came back to England on Dec 4th, 2010.

Your post is unclear. You need to be more specific on who held what visa, who applied for what (Tier 1 main or Tier 1 dependent) as well as expiry dates of any visa, date of withdrawal and date of departure. Who appealed what application??

Any period of stay with no valid leave to remain in the 10 year period before BC application will result in a refusal of BC.

[ashishb]

Thanks

I was on IGS - TILL 21/04/2009 - my wife was depended on mine, I applied for Tier 1 General on 23rd Jan 2009.She withdraw from application in Oct 2010, flighed to home country in 1st Nov (within 20 days of her withdrawl) and then applied for Tier 1 General.
The application was refused on 23rd june 2010, but I appealed for the same within a month.

Thanks

[CR001]

As she withdrew her application, her section 3C protection would have ended on that day and she would have been an overstayer from the date her dependent visa expired on 21/4/2009. This will affect her ability to apply for citizenship and she will fail the good character requirement of not having any overstay period in the 10 years immediately preceding the BC application.

On what date did she get tier 1 general and re-enter the UK??

Your post really isn't very clear on the timeline of events.

[ashishb]

Oops Sorry

She got the Tier 1 in Dec 2nd 2010 and entered the country in 4th Dec.

Don't we have one month to leave the country according to the law to leave the country.

[CR001]

Oops Sorry

She got the Tier 1 in Dec 2nd 2010 and entered the country in 4th Dec.

Don't we have one month to leave the country according to the law to leave the country.

She will still be considered an overstayer. The moment she withdrew her application, her section 3C ended and she became an overstayer from when her last visa expired,

Nationality law is separate and different to Immigration rules, don't confuse the two. She will qualify for citizenship in 2020, 10 years from when she got her Tier 1 G.

[ashishb]

K THANKS