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Refusal British Citizenship

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

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

Bhupal
Junior Member
Posts: 78
Joined: Sat Feb 23, 2013 1:07 pm

Refusal British Citizenship

Post by Bhupal » Sun Jan 22, 2017 12:25 am

Hello All,

Last week I received a letter from your HO about my Naturalisation Reconsideration Application refusal letter which I applied on April 2016 . Now I have few question as below,I hope you will answer of them.

My question are:
Now when can I apply for my new British Citizen application? On my first BC refusal letter which I received on April 2016 said that if I wish to apply again Naturalisation it open to me as a fresh application at any time but in view if my action I am advised that my application made before 30 April 2026 is unlikely to be successful.which my recent ILR expire on 2023.
Can I apply BC in 1 to 2 years times or do I need to wait until my ILR expire on 2023.
Do ILR expire as well like my 2023.If ILR expire then,can I reapply or not.will they question my TOEIC problem again the application time.
I heard there is certain rule for drink and driving police caution and applicant will be eligible to apply BC after 2 - 3 years will this follow in my case as well or not?
Since 11 years,I have never visited Nepal due to visa problem, for example now If I visit Nepal for holiday for a few week, and while returning to UK,will airport Immigration officer question or make me some problem in my ILR status or not due to BC application and the TOEIC issue.
This year August 2017,we are expecting third child,can I apply my newly born child British Passport through my ILR side or from my wife side who have got ILR as well through her 10 years residence int the UK.
Thank you so much.

Seselwa
Newly Registered
Posts: 14
Joined: Mon Jan 16, 2017 2:14 pm

Re: Refusal British Citizenship

Post by Seselwa » Sun Jan 22, 2017 1:54 am

If ilr stands for indefinite, why does it run out. Indefinite means forever don't it.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Refusal British Citizenship

Post by vinny » Sun Jan 22, 2017 2:08 am

By definition, the ILR status doesn't expire. An ILR sticker should not have an expiry date.

However, a BRP may have an expiry date, similar to a passport's.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Jas2013
Newly Registered
Posts: 25
Joined: Sun Jan 06, 2013 2:53 am

Re: Refusal British Citizenship

Post by Jas2013 » Sun Jan 22, 2017 8:17 am

What is the reason for your BC refusal ?



Bhupal wrote:Hello All,

Last week I received a letter from your HO about my Naturalisation Reconsideration Application refusal letter which I applied on April 2016 . Now I have few question as below,I hope you will answer of them.

My question are:
Now when can I apply for my new British Citizen application? On my first BC refusal letter which I received on April 2016 said that if I wish to apply again Naturalisation it open to me as a fresh application at any time but in view if my action I am advised that my application made before 30 April 2026 is unlikely to be successful.which my recent ILR expire on 2023.
Can I apply BC in 1 to 2 years times or do I need to wait until my ILR expire on 2023.
Do ILR expire as well like my 2023.If ILR expire then,can I reapply or not.will they question my TOEIC problem again the application time.
I heard there is certain rule for drink and driving police caution and applicant will be eligible to apply BC after 2 - 3 years will this follow in my case as well or not?
Since 11 years,I have never visited Nepal due to visa problem, for example now If I visit Nepal for holiday for a few week, and while returning to UK,will airport Immigration officer question or make me some problem in my ILR status or not due to BC application and the TOEIC issue.
This year August 2017,we are expecting third child,can I apply my newly born child British Passport through my ILR side or from my wife side who have got ILR as well through her 10 years residence int the UK.
Thank you so much.

User avatar
Casa
Moderator
Posts: 25651
Joined: Wed Jul 23, 2008 2:32 pm

Re: Refusal British Citizenship

Post by Casa » Sun Jan 22, 2017 9:28 am

Jas2013 wrote:What is the reason for your BC refusal ?



Bhupal wrote:Hello All,

Last week I received a letter from your HO about my Naturalisation Reconsideration Application refusal letter which I applied on April 2016 . Now I have few question as below,I hope you will answer of them.

My question are:
Now when can I apply for my new British Citizen application? On my first BC refusal letter which I received on April 2016 said that if I wish to apply again Naturalisation it open to me as a fresh application at any time but in view if my action I am advised that my application made before 30 April 2026 is unlikely to be successful.which my recent ILR expire on 2023.
Can I apply BC in 1 to 2 years times or do I need to wait until my ILR expire on 2023.
Do ILR expire as well like my 2023.If ILR expire then,can I reapply or not.will they question my TOEIC problem again the application time.
I heard there is certain rule for drink and driving police caution and applicant will be eligible to apply BC after 2 - 3 years will this follow in my case as well or not?
Since 11 years,I have never visited Nepal due to visa problem, for example now If I visit Nepal for holiday for a few week, and while returning to UK,will airport Immigration officer question or make me some problem in my ILR status or not due to BC application and the TOEIC issue.
This year August 2017,we are expecting third child,can I apply my newly born child British Passport through my ILR side or from my wife side who have got ILR as well through her 10 years residence int the UK.
Thank you so much.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

London20
Newbie
Posts: 47
Joined: Mon Dec 29, 2014 7:47 pm

Re: Refusal British Citizenship

Post by London20 » Fri Jan 27, 2017 4:07 pm

Bhupal wrote:Hello All,

Last week I received a letter from your HO about my Naturalisation Reconsideration Application refusal letter which I applied on April 2016 . Now I have few question as below,I hope you will answer of them.

My question are:
Now when can I apply for my new British Citizen application? On my first BC refusal letter which I received on April 2016 said that if I wish to apply again Naturalisation it open to me as a fresh application at any time but in view if my action I am advised that my application made before 30 April 2026 is unlikely to be successful.which my recent ILR expire on 2023.
Can I apply BC in 1 to 2 years times or do I need to wait until my ILR expire on 2023.
Do ILR expire as well like my 2023.If ILR expire then,can I reapply or not.will they question my TOEIC problem again the application time.
I heard there is certain rule for drink and driving police caution and applicant will be eligible to apply BC after 2 - 3 years will this follow in my case as well or not?
Since 11 years,I have never visited Nepal due to visa problem, for example now If I visit Nepal for holiday for a few week, and while returning to UK,will airport Immigration officer question or make me some problem in my ILR status or not due to BC application and the TOEIC issue.
This year August 2017,we are expecting third child,can I apply my newly born child British Passport through my ILR side or from my wife side who have got ILR as well through her 10 years residence int the UK.
Thank you so much.
Hi.Did HO called ypu for the interview?

Bhupal
Junior Member
Posts: 78
Joined: Sat Feb 23, 2013 1:07 pm

Re: Refusal British Citizenship

Post by Bhupal » Wed Apr 26, 2017 9:00 pm

Hi Jas2013
Sorry for the late reply.here is my detail:

Came to the UK as a student on May 2003
Got my ILR on 2013
Applied my Naturalisation on Oct 2014
Rejected my Naturalisation due to my TOEIC reason, which I gave it as a genuine student.
Now my solicitor said I have to go via Judicial Review and sound expensive(Can you confirm if this is a good way)
I have MBA from here in UK University and 4 IELTS and 2 Pearson.
I also planned to go back to my home country for holiday, will it make the problem when I return back to Heathrow due to my TOEIC problem in the Naturalisation.
Also, my solicitor asked for reconsider, rejected still Home rejected Dec 2016.

My all three kids got British Citizen and my wife got ILR and she will apply British Citizen on Nov 2017.

Myself is confused, advice can you give me advice, please.

Thank you so much in advance.

Bhupal

Bhupal
Junior Member
Posts: 78
Joined: Sat Feb 23, 2013 1:07 pm

Re: Refusal British Citizenship

Post by Bhupal » Wed Apr 26, 2017 9:03 pm

Hi Casa,

Sorry for the late reply.here is my detail:

Came to the UK as a student on May 2003
Got my ILR on 2013
Applied my Naturalisation on Oct 2014
Rejected my Naturalisation due to my TOEIC reason, which I gave it as a genuine student.
Now my solicitor said I have to go via Judicial Review and sound expensive(Can you confirm if this is a good way)
I have MBA from here in UK University and 4 IELTS and 2 Pearson.
I also planned to go back to my home country for holiday, will it make the problem when I return back to Heathrow due to my TOEIC problem in the Naturalisation.
Also, my solicitor asked for reconsider, rejected still Home rejected Dec 2016.

My all three kids got British Citizen and my wife got ILR and she will apply British Citizen on Nov 2017.

I am very confused, can you give me advice, please.

Thank you so much in advance.

Bhupal

Bhupal
Junior Member
Posts: 78
Joined: Sat Feb 23, 2013 1:07 pm

Re: Refusal British Citizenship

Post by Bhupal » Fri Apr 28, 2017 10:10 pm

Hi Vinny,

Sorry for the late reply.here is my detail:

Came to the UK as a student on May 2003
Got my ILR on 2013
Applied my Naturalisation on Oct 2014
Rejected my Naturalisation due to my TOEIC reason, which I gave it as a genuine student.
Now my solicitor said I have to go via Judicial Review and sound expensive(Can you confirm if this is a good way)
I have MBA from here in UK University and 4 IELTS and 2 Pearson.
I also planned to go back to my home country for holiday, will it make the problem when I return back to Heathrow due to my TOEIC problem in the Naturalisation.
Also, my solicitor asked for reconsider, rejected still Home rejected Dec 2016.

My all three kids got British Citizen and my wife got ILR and she will apply British Citizen on Nov 2017.

I am very confused, can you give me advice, please.

Thank you so much in advance.

Bhupal

Coldwinter
Junior Member
Posts: 73
Joined: Sun Mar 13, 2016 7:15 am

Re: Refusal British Citizenship

Post by Coldwinter » Tue May 02, 2017 7:07 am

It seems your application has been refused under the deception clause which is why HO is likely to reject your application for a 10 year period.

I have seen a few cases on this forum where cases have been rejected due to toeic. Did you use toeic for any of your visa or naturalisation applications?

Bhupal
Junior Member
Posts: 78
Joined: Sat Feb 23, 2013 1:07 pm

Re: Refusal British Citizenship

Post by Bhupal » Tue May 02, 2017 10:03 pm

Hi Coldwater, I have never used Toeic for any sort of visa purposes,will there be any positive news if we take this case to judicial review please

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Refusal British Citizenship

Post by vinny » Tue May 02, 2017 10:19 pm

If you had never used Toeic for any application, then why did it come up? On what basis did they say that you had used Toeic? Are they confusing you with someone else? Possible identity thief is more alarming.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Bhupal
Junior Member
Posts: 78
Joined: Sat Feb 23, 2013 1:07 pm

Re: Refusal British Citizenship

Post by Bhupal » Wed May 03, 2017 9:35 pm

Hi Vinny, during an interview in Liverpool they asked me all about TOEIC and said I gave a test on this and that place, which I sat for the test as well and they told me that all my TOEIC are a proxy.However, I have never my TOEIC certificate on any visa purposes during my 10 years times but only used IELTS and Pearson.

Now my question is my solicitor said I could go to Judicial review which will cost me £1000 first and later £3000, may I know how long and what guarantees is there for successful of my naturalisation.

thank you.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Refusal British Citizenship

Post by vinny » Wed May 03, 2017 9:46 pm

Following the panorama revelations, who, in their right minds, would want to use suspect TOEIC certificates in any event?

If you have never used a TOEIC certificate in/for any application, then there is no possibility of proxy/deception because of TOEIC. I'm struggling to see how not using a TOEIC certificate implies proxy/deception and lack of Good Character. A refusal solely based on not using a suspect TOEIC certificate seems unreasonable and doesn't make sense to me.

Have you also tried complaining or applying for reconsideration?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Bhupal
Junior Member
Posts: 78
Joined: Sat Feb 23, 2013 1:07 pm

Re: Refusal British Citizenship

Post by Bhupal » Thu May 04, 2017 10:23 pm

Hi Vinny,

Yes, I send another reconsideration form for my Naturalisation and they gave me the same feedback saying due to my TOEIC record mentioning I am not safe to the public and the government so they again refused my Naturalisation Reconsideration.

However, now my solicitor said I have to go Judicial Review which will cost of around £5000, but will this be a good way to do, please suggest me.Will they approve my Naturalisation if not then I will spend my that hard earning money of £5000.

I look forward to hearing from you soon Vinny.

Thanks

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Refusal British Citizenship

Post by vinny » Fri May 05, 2017 12:50 am

If you also have a drink and drive police caution within the last 3 years, then a JR may not be worth pursuing at this time.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Bhupal
Junior Member
Posts: 78
Joined: Sat Feb 23, 2013 1:07 pm

Re: Refusal British Citizenship

Post by Bhupal » Fri May 05, 2017 10:40 pm

Hi Vinny,

I don't have any drink and drive problem.

THanks

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Casa
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Re: Refusal British Citizenship

Post by Casa » Sat May 06, 2017 8:39 am

Bhupal wrote:
I heard there is certain rule for drink and driving police caution and applicant will be eligible to apply BC after 2 - 3 years will this follow in my case as well or not?
This is where the confusion has arisen. :idea:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

Bhupal
Junior Member
Posts: 78
Joined: Sat Feb 23, 2013 1:07 pm

Re: Refusal British Citizenship

Post by Bhupal » Mon May 08, 2017 11:03 pm

Hi Vinny and Casa,

What advise will you give to me?

Will Judicial review be successful.

Thanks

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Refusal British Citizenship

Post by vinny » Tue May 09, 2017 12:47 am

Perhaps this is part of a push of denying British citizenship via guilt by association?

Given your information, the refusal seems rather weak.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Bhupal
Junior Member
Posts: 78
Joined: Sat Feb 23, 2013 1:07 pm

Re: Refusal British Citizenship

Post by Bhupal » Sat May 13, 2017 10:09 pm

Hi Vinny,

Is going to Judicial Review is a good one for me to win this case?

Could you give me the tips how to win the case for my naturalisation?

Thanks

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Refusal British Citizenship

Post by vinny » Sat May 13, 2017 10:57 pm

1. Was the TOEIC fraudulent?
2. Did you admit that you got it fraudulently?

The various JRs appear to be concerned with deception resulting from using a suspected TOEIC certificate. If you haven't used it in any application, then how can this be deception? Am I missing something here?

I don't understand their logic, unless 1 or 2 above is true.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Bhupal
Junior Member
Posts: 78
Joined: Sat Feb 23, 2013 1:07 pm

Re: Refusal British Citizenship

Post by Bhupal » Tue May 16, 2017 6:57 pm

Hi Vinny,

For example, if I have given two TOEIC certificate, one was genuinely given to College myself and another, I got it fraudulently (for example).However, I have never used it any of the UK VISA.Every time I used my IELTS and Pearson certificate.

I have never admitted that I got the TOEIC fraudulently.

Now will jury will be in my favour to approve my Naturarialtaion or not.I have MBA from the UK University by working hard and now I have got the good job related to my MBA studies.Will this help?
I have my whole family here in the UK and all children are BRithsh and wife will be British in the next year 2017.

Thank you

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Refusal British Citizenship

Post by vinny » Wed May 17, 2017 12:36 am

What arguments is your solicitor proposing to use in a JR?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Refusal British Citizenship

Post by vinny » Wed May 17, 2017 1:57 am

You demonstrated Good character by declaring a suspect TOEIC.
You demonstrated Good character and judgment by never using a suspect TOEIC to deceive anyone.
Their problem is that they cannot show that you used a suspect TOEIC to deceive in any application.
Their problem is showing that your possession, but non-use, of a suspect TOEIC is material.
Their problem is showing that the refusal is proportionate and reasonable.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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