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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Naturalisation refusal

Resolved Question:

- I'm British and my wife is Colombian. In June 2014 we applied - we had just got indefinite leave to remain (also June 2014) and as we had been living together 3 years we applied Naturalisation almost immediately. After waiting 6 months to hear, we today received a letter to say our application has been refused "As you were in the UK in breach of the immigration laws from 16-April-2012 when you Leave to Remain curtailed to 19-June-2012 when you were granted further leave, this requirement is not met." This refers to a time in 2012 when my wife was a student at a London college which closed down as its license was revoked. She received a letter on 16 April 2012 (which we have kept a copy of) from the UK Border Agency which says due to the college closing "you have ceased to meet the requirements of the immigration rules under which your leave was granted...although you are not required to leave the UK at this time your leave to remain in the UK is due to expire on 25 June 2012." By the 25 June 2012 we had been married and received a marriage visa (granted 19 June 2012) - so how was she in breach of immigration laws? The letter on 16 April 2012 was the first she knew about the closure of the college (even though the letter says the college license was actually revoked on 30 Sept 2011) and that letter says "You are expected to either leave the UK or submit a fresh application to remain before your current leave to remain expires" - which we did. Should we ask them to reconsider our application or are they saying that by the time the letter of 16 April 2012 arrived my wife was already in breach of laws? Please advise. Thank you.

Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question .
Thank you!
Nicola
Customer: replied 2 years ago.

there, yes we can wait but we need to know in the next 48 hrs if possible. Thanks

Expert:  UK_Lawyer replied 2 years ago.
, thank you question, I will be happy to help you today.
Has a right of appeal been given?
Is your partner on indefinite leave to remain?
Was this granted on the basis of their spouse visa?
Kind regards
Customer: replied 2 years ago.

there. Yes they are saying we can appeal if we pay £80 naturalisation ceremony. We will lose this amount if our appeal is refused, on top of already potentially losing £800 already from applying in the first place. Yes she is on indefinite leave to remain next 10 years. Yes before this she had a spouse visa from 2012-14.

Expert:  UK_Lawyer replied 2 years ago.
Thank you reply.
I believe the best thing to do in this case would be asking them to reconsider their decision and state the reasons why you believe it should be reconsidered you need to send them the evidence and also clearly highlight the issues you are unhappy with. This process takes around two months.
I would also recommend that you appeal the decision in the event that the home office decide not reconsider their decision. This way you have a safety net in case your reconsideration is refused.
I hope this answers your question if however you feel that the answer does not cover all the points raised in your question please do not hesitate to ask further questions until you are satisfied with my answer.
Kind regards
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2458
Experience: I am a qualified solicitor and an expert in UK law.
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