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naturalization with ilr and cancelled spouse visa,

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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azkata
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naturalization with ilr and cancelled spouse visa,

Post by azkata » Mon Nov 07, 2011 7:03 pm

Hi
This is a great forum and very helpful.
I came to the Uk in march 2007 on spouse visa. my marriage broke down due to domestic violence and the police rescued me from my marital home.
My husband cancelled my visa without my knowledge and only found out about it after my lawyer put in an application for indefinite leave to remain based on domestic violence.
My application was refused since i didnot have permission to stay in uk but i got my ilr on appeal based on domestic violence in june 2009.
my five years stay in uk will complete in march 2012.
can i apply for British citizenship with lawful legal residence of five years since i didnot know my husband cancelled visa in feb 2008 or will i be eligible to apply for my naturalization after five years of indefinite leave in uk which was granted in june 2009.
i am very confused and any help will be greatly apptrciated.
azka

geriatrix
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Post by geriatrix » Mon Nov 07, 2011 8:02 pm

Do you know if your leave as spouse was curtailed by UKBA when your husband informed UKBA about the breakdown in relationship and requested cancellation of your leave?

When was your spouse leave due to expire (expiry date on the visa)?
When did you apply for settlement under domestic violence rule?
Life isn't fair, but you can be!

azkata
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Joined: Mon Nov 07, 2011 6:51 pm

Thanks for quick reply

Post by azkata » Mon Nov 07, 2011 8:19 pm

Thanks for such a quick reply.
My spouse visa was curtailed by ukba upon request of my husband and the reason was breakdown of relationship and i didnt know about this.
My spouse leave was due to expire in march 2009, i applied for settlement under domestic violence rule in february 2009.
I hope this answers your question.
desparately awaiting your reply.

geriatrix
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Post by geriatrix » Mon Nov 07, 2011 11:22 pm

If your visa was curtailed, do you know what the expiry date of the curtailed leave was?

This is important to ascertain whether any period of your stay in the UK before Feb 2009 was unlawful.
Life isn't fair, but you can be!

azkata
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it was jan 2008

Post by azkata » Mon Nov 07, 2011 11:38 pm

visa was curailed jan 2009

geriatrix
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Post by geriatrix » Tue Nov 08, 2011 12:10 am

If your leave was curtailed in Jan '09, then I am unable to understand how you were granted the right to appeal when your settlement application (submitted out-of-time in Feb '09) was refused.
Life isn't fair, but you can be!

John
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Post by John » Tue Nov 08, 2011 7:16 am

azkata, I think paying £10 for a SAR would be a good investment. That is, find out exactly what the UKBA record you actually say.

Details on this UKBA webpage.
John

azkata
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thanx

Post by azkata » Tue Nov 08, 2011 8:33 am

hi
well i was granted visa by an immigration appeal tribunal after checking my docs now.
and what is a sar.
many thanks
u guys have been very helpful

Greenie
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Post by Greenie » Tue Nov 08, 2011 9:51 am

sushdmehta wrote:If your leave was curtailed in Jan '09, then I am unable to understand how you were granted the right to appeal when your settlement application (submitted out-of-time in Feb '09) was refused.
they may have made a decision to remove - which does attract a right of appeal.

I agree a SAR is the way forward.

geriatrix
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Re: thanx

Post by geriatrix » Tue Nov 08, 2011 10:25 am

Thanks Greenie.
azakata, was that the case?
azkata wrote:and what is a sar.
John wrote:Details on this UKBA webpage.
azkata, click on the blue text.
Life isn't fair, but you can be!

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