British Citizenship App - After SAR information...

[benthejawa]

Hello everyone,

I have a question regarding my South African wife's application for BC. We have always applied for everything in her maiden name (6 years on discretionary leave to remain, 1 year on ILR, she's also married to me, a British Citizen). We are going to apply for BC under her maiden name, and then once a passport has been issued we'll apply for the name to be changed.

After reading through the post below, I think that we'll be ok doing that, but can someone just put my mind at rest that we'll be ok doing that and that I'm not missing something:

british-citizenship/new-policy-regardin ... 16754.html

Thanks guys!

[CR001]

Yes, should be fine to do it like that.

Why has she waited 1 year on ILR? She could have applied for citizenship as soon as she got ILR if you are British.

What was her immigration status before she got DLR??

[benthejawa]

Just for financial reasons. We had to save up to pay for the BC as well.

Before DLR, she was on various working holiday VISAs, she's been in the UK since 2004. The home office lost her SA passport and she got lost in the system, we ended up going to tribunal and the judge ruled in her favour due to human rights and the failings of the HO. It's cost us £1000s over the years. :

Are you asking that question as it might effect her application? She was classed as an overstayer because of their failings, even though though the judge ruled in her favour, and issued a DLR visa, she was still stopped at airports and questioned...

[benthejawa]

Yes, should be fine to do it like that.

Why has she waited 1 year on ILR? She could have applied for citizenship as soon as she got ILR if you are British.

What was her immigration status before she got DLR??

Just for financial reasons. We had to save up to pay for the BC as well.

Before DLR, she was on various working holiday VISAs, she's been in the UK since 2004. The home office lost her SA passport and she got lost in the system, we ended up going to tribunal and the judge ruled in her favour due to human rights and the failings of the HO. It's cost us £1000s over the years. :

Are you asking that question as it might effect her application? She was classed as an overstayer because of their failings, even though though the judge ruled in her favour, and issued a DLR visa, she was still stopped at airports and questioned...

PS. Can you delete my accidental double post, I can't find the delete button.

[CR001]

She needs to meet the good character requirement and that means any period of overstay in the 10 years immediately prior to applying for citizenship will likely result in a refusal. There is no appeal process for a refused citizenship application. You can ask for a reconsideration if refused, which costs £278 (I think or possibly more).

Hopefully you have ALL the relevant paperwork to prove it was an HO error but it might not be enough.

[benthejawa]

She needs to meet the good character requirement and that means any period of overstay in the 10 years immediately prior to applying for citizenship will likely result in a refusal. There is no appeal process for a refused citizenship application. You can ask for a reconsideration if refused, which costs £278 (I think or possibly more).

Hopefully you have ALL the relevant paperwork to prove it was an HO error but it might not be enough.

If it's refused will the monies be refunded?

[CR001]

No, the fee is lost if application is refused and only £80 is refunded, which is the ceremony fee.

[benthejawa]

No, the fee is lost if application is refused and only £80 is refunded, which is the ceremony fee.

So what would you advise in our situation?

Is there a way to find out if she was actually classed as an overstayer?

I've just looked back through the timeline which is below, this might help:
Jan 2004 – Jan 2006 – Working Holiday Visa
15th Dec 2005 - Sent initial app to home office for Extension to stay in the UK
2nd Feb 2006 - received letter from Home Office requesting that I have application docs signed.
12th March 2007 - Letter received after telephone inquiry from 2nd March advising that my application was being looked into.
19th March 2007 - Letter received stating application had been declined in Feb 06 and app and passport where retained in error, option to appeal offered. My passport was never returned even though letter stated it had been returned.
4th April 2007 - Letter of appeal sent along with supporting docs and stats
28th April 2008 - Letter received acknowledging my change of address
23rd May 2008 - Letter received from Mrs xxxxx apologizing for delay in response to my appeal letter dated 4th April 2007 & my inquiry letter dated 16th April 2008. More documentation was requested to support appeal from April 2007.
16th June 2008 - Letter sent to Mrs xxxxxx, along with requested documentation i.e. parents marriage cert, payslips and letter from work.
16th July 2008 – Engaged to my long term partner
24th July 2008 - Application declined and limited appeal offered.
31st October 2008 – Discretionary Leave to Remain Granted for 3 Years based on Humans Right (October 2011)

The judge never ruled in favour because of HO failings as originally thought (I've just read the judgement letter) but based on Human Rights...

[CR001]

What application was submitted in December 2005 exactly??

What were the reasons for refusal in March 2007 and July 2008?

What does the judgment say exactly (taking out any personal details and names of HO officials).

31st October 2008 – Discretionary Leave to Remain Granted for 3 Years based on Humans Right (October 2011)

It is unclear from your post whether she was granted DLR from October 2008 or October 2011??

Did she work in the time 2006 unitl DLR was granted?

Note:I have edited your post removing the name of the HO official as they have not given permission for the names to be posted on a public internet forum.

[benthejawa]

What application was submitted in December 2005 exactly??

Duly completed Form FLR(O) (version 09/2005)

What were the reasons for refusal in March 2007 and July 2008?

March 2007 - Refusal to Vary Leave (They attached a letter from 2006, and then sent another letter stating they're sorry they'd not sent passports, documentation and the refusal in 2006), they allowed her to appeal.
July 2008 - Refusal to Vary Leave - This was the response to the appeal in 2007

What does the judgment say exactly (taking out any personal details and names of HO officials).

Let me just edit the script for here, I post it in a second.

31st October 2008 – Discretionary Leave to Remain Granted for 3 Years based on Humans Right (October 2011)

It is unclear from your post whether she was granted DLR from October 2008 or October 2011??

DLR was granted in 2008 until she was granted ILR in Feb 2016

Did she work in the time 2006 unitl DLR was granted?

Yes she did

Note:I have edited your post removing the name of the HO official as they have not given permission for the names to be posted on a public internet forum.

My bad

I also just found a letter from the HO stating that they will not serve overstayer paperwork in September 2008. Image attached of snippet:

https://drive.google.com/file/d/0BxuxH4 ... sp=sharing

[benthejawa]

HO Admission of Errors

Judges Findings

Judges Decision

Also correction to the above post, she did work until she was told not to in 2008 based on refusal of extending leave. She then waiting until the judges decision before she was allowed to work again.

[CR001]

Why did she apply on FLR(O)? What was the basis of her qualifying for FLR(O)?

[benthejawa]

Why did she apply on FLR(O)? What was the basis of her qualifying for FLR(O)?

I've just looked through her original letter, and it looks like you should did it based on Human Rights. That during her 2004-2006 Working Holiday Visa, her remaining family moved to the UK. If she was to go back home she would have nothing, also her Dad who was also living in the UK (as a saffa had serious health issues - cancer)

It seems she was applying on that basis.

[benthejawa]

Hey CR, any further advice?

[CR001]

I don't have anything further to add. She might be ok if you have evidence, she might not and fail the good character requirment.

[benthejawa]

No worries, thanks for replying.

[benthejawa]

Hello,

I am in British, and my wife is South African, we are thinking about applying for her British citizenship, however we were concerned about some visa complications we had back in 2008 (9 years ago). We requested a fast track SAR and received all that information today (it took me a while to go through).

I was wondering if someone had experience of analysing said data from experience. I have a picture of the timeline they produced for her ILR application, which only states that HO considered issuing overstayer papers but never did as an appeal was submitted. Would it be obvious from the file if she was considered an overstayer?

Timeline Image