Unsuccessful applications

nee901 wrote:I have recently applied for naturalisation and was rejected because I had not applied for Indefinite Leave to Remain. In my research I hadn't realised I had needed it as I thought I had met the settlement requirements; I had lived in the UK for almost 10 years. Since my application refusal I have had to go back to my home country because my LR was expired and apply for another Visa which was then deemed unsuccessful. I'm not sure why yet as I just found out today. I wish that I had found these boards before I had my applications as the guidance I used was not clear.

nee901,

Did your total legal stay in the UK actually make it to 10 years? Because if it did, and you can prove that thoroughly, you can still apply for ILR based on that stay. You just to be in the country to make the application (and stay in whilst the application is decided) and have met the residency and other requirements for that visa. There is no time limit on this that I'm aware of.

Hello, Sorry back in time with this post.

Just let you know after my reconsideration, application has been successful.. Great Day ...

Advise: If someone got their application refused, and feel is a Home Office mistake, apply for reconsideration.. that take some time, but in my case was success ... .

Best luck to everybody

ALEX

AlexClark75 wrote:Hello: unfortunately my application has been refused .. but there some point they made mistakes. ( Sorry this is long post )

I'm EEA national, arrive to UK on 1/08/2006 - 6 years and 9 months when applied.

come live with a friend, made some work of weeks, but later apply to JSA on February 2007. been on JSA till July 2007 when starting work.. been worked till 30/08/2007 and the company took a gap.. that mean, no work in September 2007 - however back again to work with them on October 2007 till February 2008 - after that 15/02/2008 apply again to JSA till end of june 2008 where starting work with another company.. unfortunately that company keep me for 1 month, and back again to JSA till october 2008 .

After that till October 2010. become self sufficient , send to them the proof of my bank account and credit cards. been here all that time...

On October 2010 become self employed, where show my tax etc etc..is not problem from that. --

complete the form AN and send to them all paperwork I have, payslips, P45, bank accounts, inclusive the payroll of the company who worked till February 2008. everything... and my JSA paperwork, etc ...

The letter arrive today with all my paperwork, passport and this letter
--------------------------
On your application form you stated that you worked for Argos from 07/2007 to 02/2008 the documentary evidence you produced showed the earliest payslip was dated 08/07/2007 , however a p45 from that company is dated 30/08/2007 and not your claimed date February 2008 - ( CANT BELIEVE, THEY HAVE THE PAYROLL AND PAYSLIP WORK WITH THEM FROM JULY TO END AUGUST , AND BACK IN OCTOBER TILL FEBRUARY - )

Whilst I am satisfied that you were self sufficient from September 2008 to October 2010 you have not demonstrate that you held appropriate medical insurance during this period - ( I WROTE A LETTER, EXPLAIN HAD EHIC CARD AND HAS BEEN LOST, CLAIM ON SPANISH GOVERNMENT FOR A PROOF AND NEVER COME BACK ) -

As you have not demonstrated that you have been exercising your treaty rights for continuous period of 5 years, your application has been refused -

NOW .. how cannot demonstrate ? show to them been here for 6 years and 9 months, never leave the country, only for holidays and max. 30 days... show my bank accounts, credits cards .. inclusive my payroll .. on that period why they say .. im liar.. if is true working till February 2008 ( proof all payroll and inclusive paid my NI contributions... all that time

Don't know if appeal, or ask to solicitor... is a lot disappointed they refused because cannot proof my medical insurance .. ? if worked from 2007 had/have NHS card and GP if stop work, and no claim JSA need sickness insurance ?

Any advice welcome, and sorry for the long post...

Alex

omi85 wrote:Hi guys,

I have applied for naturalisation on 28th of October 2013 and have received acknowledgment from HO on 9th of Jan 2014.

I called the HO yesterday to check the status of my application and was told it was still under process.

I had my schengen visa rejected by Switzerland couple of years back, I never appealed it as other things came up.

Then I applied for a visa for Italy last year and it got rejected automatically due to the fact that Switzerland had rejected me the year before. I didn't realise at the time of the first rejection that this would be the case, otherwise would have definitely appealed it.

Now my question to experienced members is that, do you think this affects badly towards my naturalisation application ?

I have had a number a of successful schengen visas application before the rejection from Switzerland, mainly for Italy and France.

I do not have any CCJs, FPNs or even been stopped by the police ever.

I would really appreciate your experienced advise on this.

Thanks in advacne,

Omi

Update:

Me and my wife were invited to attend an interview in Liverpool and asked to bring our cohabitation documents (originals) to help decide my application. I received the approval letter on 11-04-2014 (dated 09-04-2014)

Turkishenquirer1 wrote:Hi all,

My Wife has just been refused UK Citizenship - regarding the new requirement for the ESOL English qualification.

She applied on the basis that she already has a previous English qualification in place, which shows the required level of English and is also registered on the OFQUAL register. All seemed to fit criteria at the time of application, which we spent much time on to ensure that all was in place.

However, it turns out that my Wife's qualification is not an ESOL approved - the Home Office pointed this out via post and requested that the correct qualification papers be in place within circa 2 weeks.

We wrote back twice to explain the mistake and that we have already booked a recognised IELTS exam, the venue and date it was booked for and the fact that we have paid for this exam - basically, "sorry, we now understand that this qualification is not suitable for this application and we are trying to put this right ASAP - could we please request an extension".

The next letter we received was to tell her that her application was unsuccessful, they would refund £80 (ceremony fee) and if we want to appeal, that would cost an additional £80.

This has obviously caused a great deal of stress (financial and emotional), particularly as the IELTS qualification is the only aspect between her obtaining her UK naturalisation.

The issue is that the Home Office are not willing to give an extension, which seems very unfair - of course it is in their best interest to try and get another fresh application out of us and therefore a lot more money.

Does anyone know our chances of success if we were to appeal? On the basis that they ignored our request for a reasonable extension and detailed that the exam was booked and paid for?

Or anyone out there who has been in a similar situation and could share experience or provide informal advice?

Any help would be much appreciated!

What document did you submit to meet English Language requirement? I think the original degree certificate and PBS print out should be fine to prove the English lang. requirement. In PBS, you should earn 10 point for English lang. If thats there then it's good enough.

Hi Jeeth,

Thanks for the reply, her original certificate was an Adexcel English course, passed at level 3 at our local college around 4 years ago and recognised on the OFQUAL register, but refused as not ESOL approved.

She sat the IELTS course at the weekend, a few weeks to wait for the results, then we will appeal the decision based on not allowing a reasonable amount of time to get the appropriate paperwork in place.

What was interesting is that my Wife spoke with someone else who was taking the IELTS for citizenship, was in the same situation but apparently had pushed a lot harder and was granted a more reasonable extension, rather than the 1 week (approx.) extension that we were granted, hopefully the appeal will be successful.

Turkishenquirer1 wrote:Hi Jeeth,

Thanks for the reply, her original certificate was an Adexcel English course, passed at level 3 at our local college around 4 years ago and recognised on the OFQUAL register, but refused as not ESOL approved.

She sat the IELTS course at the weekend, a few weeks to wait for the results, then we will appeal the decision based on not allowing a reasonable amount of time to get the appropriate paperwork in place.

What was interesting is that my Wife spoke with someone else who was taking the IELTS for citizenship, was in the same situation but apparently had pushed a lot harder and was granted a more reasonable extension, rather than the 1 week (approx.) extension that we were granted, hopefully the appeal will be successful.

People have been given longer extension. I think you clearly made a mistake by saying your wife is
going to appear for the exam, it does not guarantee she will pass. Sitting in the exam is not thw criteria, passing is. UKBA would interpret it as she does not have the necessary proof. I think you should have simply bought time by arguing keeping communication open and by the time she would have passed it and you could have sent it. Honest disclosure always does not help. I know one case where the guy kept writing to UKBA for. 2 months, it all depends on the ground.

I'm in similar situation. I have received a letter from the Home Office requesting that I provide this evidence of the level of English language required by 05/06/2014. There are no test dates for any of these exams where I will get my results in time for sending off to the Home Office. I however applied through UK NARIC for them to provide me with a statement of comparability and an English Language Assessment that my course was taught in English. I have received the Comparability Assessment letter but they cannot let me have the English Assessment until after 05/06/2014 (the Home Office deadline).

The problem is I have written to the Home Office to inform them about this situation (by e-mail) only yesterday and I also requested an extension. I haven't heard back from them anyway.

I intend to send the Statement of Comparability first and then the English Assessment as and when I receive it.

Anyone here with any views....

Hi I don't know how to create a post can somebody help my husbands visa has just been wrongfully refused on the basis that he didn't pass English exam when he passed Cambridge a1 at level a2 KET. How can I post please
thanks

hawin00 wrote:Hi I don't know how to create a post can somebody help my husbands visa has just been wrongfully refused on the basis that he didn't pass English exam when he passed Cambridge a1 at level a2 KET. How can I post please
thanks

That was not my case, when my application has been refused wrongly by mistakes of Home Office, the only way are you must apply for reconsideration, explain very well what happen and send on the reconsideration the certificate show him pass the Cambridge level a1 ..

my reconsideration took 7 months, but was successful

Thanks for replying. I didn't know there was a way of them reconsidering. I have asked the MP to investigate as she was aware of the application as did us a letter of support. She has asked them to investigate. Also I have raised 2 formal complaints one to ECM Istanbul and 1 to Croydon. I have also appealed. I cant believe you waited 7 months for there mistake to be corrected. How is this legal? its awful!

by boiboi » Wed May 21, 2014 2:48 pm

I'm in similar situation. I have received a letter from the Home Office requesting that I provide this evidence of the level of English language required by 05/06/2014. There are no test dates for any of these exams where I will get my results in time for sending off to the Home Office. I however applied through UK NARIC for them to provide me with a statement of comparability and an English Language Assessment that my course was taught in English. I have received the Comparability Assessment letter but they cannot let me have the English Assessment until after 05/06/2014 (the Home Office deadline).

The problem is I have written to the Home Office to inform them about this situation (by e-mail) only yesterday and I also requested an extension. I haven't heard back from them anyway.

I intend to send the Statement of Comparability first and then the English Assessment as and when I receive it.

Anyone here with any views....

I had a similar letter from HO asking for UK Naric English Language Assessment. Naric takes over 2 weeks or more to provide a ELA.
So I sent a covering letter to HO and explained to them by referring to many of their own web pages that ELA might not be required in my case.

I sent
1. Orig UK NARIC SOC
2. Orig Uni letter stating degree taught in english
3. Orig Uni certificate
4. PBS printout showing 30 points for degree + 10 points for English

Mine was approved based on above in the next 10 days or so.

Eventually I got my ELA from UK Naric and sent HO that too just in case - they have returned it to me promptly.

How am I able to assess the PBS on the UKBA website? Do you think my academic transcript will suffice in lieu of a letter from the university? I intend to send my certificate, transcript, the SOC from UK Naric and then the english language assesmnet when it arrives later on.
What do you think?

hawin00 wrote:Thanks for replying. I didn't know there was a way of them reconsidering. I have asked the MP to investigate as she was aware of the application as did us a letter of support. She has asked them to investigate. Also I have raised 2 formal complaints one to ECM Istanbul and 1 to Croydon. I have also appealed. I cant believe you waited 7 months for there mistake to be corrected. How is this legal? its awful!

I don't know if is legal or not ... but really frustrating, I wrote a post last July about this.. The caseworker, no just ignore the e-mails I sent, also sent a letter explain step by step.. and my payslip all dates... inclusive warning my name was incorrect.

I'm assume her never read all paperwork properly and refuse my application without sense.

Fortunately the next person took my reconsideration was able to understood and read all information...

As request before my name was incorrect, on the ceremony letter still come incorrect.. that prove they not read all info carefully... I got my ceremony just a year after applied .. for their mistakes..

So how long did it take for them to reconsider? Not a year surely? It's soooooo frustrating my husband passed the exam from a provider listed on there website had it been said the certificate was required we would have sent now we suffer as a consequence and pay more money to the ukba for appeal which my legal representative says would never stand in court!! No refund gets given if and when they do overturn too

hawin00 wrote:So how long did it take for them to reconsider? Not a year surely? It's soooooo frustrating my husband passed the exam from a provider listed on there website had it been said the certificate was required we would have sent now we suffer as a consequence and pay more money to the ukba for appeal which my legal representative says would never stand in court!! No refund gets given if and when they do overturn too

When Applied on 12/05/2013 was no necessary English qualification, just life in the UK, is for that reason cannot give you advise about your problem.

Just remember they refund me £ 80 of £ 870 paid . ( £ 80 of ceremony ) when applied reconsideration paid again £ 80 .

If the reconsideration is success , then they use the money for your ceremony, if not success they keep the money as well.

Remember UKBA is all about money..

Before apply to reconsideration recommend you work hard on the letter and proof attach in the reconsideration to convince them and get success..

You must give detail all step by step .. same if you talk with a child of 5 years old.

Thanks I paid a lawyer to do my appeal and had a judge friend write my formal complaint For me then my MP has forwarded to ukba the certificate showing it was passed prior to application.. It definantly is about money however at present hubby is losing find time with his newborn something no ammount of money can get back!!
Hope no one else ever has to go through this but it seems common practise to misread- not follow there own guidance notes Or immigration rules and not use common sense either

Our visa was overturned yesterday 14 days after it was refused and 13 days after I complained!!!! Over the moon!

I originally applied for citizenship in October 2013, before the latest changes took hold. I am married to a British citizen and was granted ILR in 2005... or so I thought. Apparently, the person who put my ILR visa in my passport failed to mark it as such, leaving only the expiration date at the top as the same date my passport expires. After many months and depletion of nearly £1000, I received a letter from UKBA saying "sorry, no" simply on the basis of this expiration date. Emails were exchanged (some rather snarky from me), but nobody at UKBA could tell me what visa I *did* have if not IRL? That's what I had applied for, and certainly what I had paid for, so was I wrong to trust the agents in 2005 knew what they were doing when they stamped my passport all those years ago? Apparently.

Letters were exchanged between our MP and the Home Office, more months passed and, whaddya know? There's been an error! My IRL visa should've stated its purpose more clearly. Armed with these letters and a new, appropriately endorsed visa, I was free to have my citizenship application reconsidered. Finally.

I sent in my forms, tests, passport and £80 on March 17th for reconsideration. It was signed for on their end on the 18th. I've thus far had no correspondence from UKBA, not even to say "we got your stuff, thanks!" The money has not yet been taken.

Any ideas on how long I should leave them to it before I start panicking that they've lost my passport? I have half a mind to request it back as I may need it soon for a work-related DBS check, but I don't want to jeopardise my application.

I can't say I'm impressed by this whole experience.

I'm wondering if anyone here has been refused citizenship on the basis of a caution even though the application was made AFTER 3 years of the caution?

I realise that applying WITHIN 3 years of the caution is a probable rejection, but I haven't seen anyone mention that they got accepted AFTER the 3 years, so it would be nice to know.

Also it may be helpful to note what type of offence the caution was for (e.g. dishonesty, violence, unlawful sexual activity, drugs, recklessness).

Anyone please?

Anyone please?

Hi Guys
Unfortunately my application has been refused due to court conviction.
In January 2014 I was pulled over by police due to two road offences ( speeding and jump through red light).
Police reported me to prosecutor fiscal. In court police dropped one charges and I was guilty for speeding( SP 30 and £100 fine) . There were no hearing I only went to the court and guilty myself for speeding.
Any idea guys can I submit for review or have to wait three more year for new application.

I applied through NCS for naturalisation in July, received a letter to send original life in the UK test and my city and guilds esol pass certificate entry level 3, which I send, received another letter today to send full esol certificate.

The one I have got says certificate of unit credits towards certificate. My friends wife got her naturalisation through the same certificate passed from the same center in Liverpool. So I don't understand why they are questioning mine.
I will call city and guilds on Monday to see what they say.

I would appreciate some advice from you guys as in past I have always got my answers through this forum.
Thanks

Sorry if I'mposting to ask a question and not to provide an answer.

My application was turned dow because of a congestion charge that I appealed.

1. On 15th July I entered the congestion charge to visit a clinic in central london. This was to sort out the final preparations (sign paperwork, consent forms, etc) related to an important (invasive) surgery I was due to have early the next day. This surgery was vital for me. It required overnight hospitalisation

After my visit to the clinic, I drove back home, packed my suitcase and went to bed very early as I had be up at 5:30 for I to be at hospital at 7am in the next morning. In the process it slipped my mind that I had to pay for congestion charge. I was very anxious and nervous; I had a lot on my mind as - just like all other surgeries- I had to go through this one on my own, for I don't have anyone in this country to take care of me post surgery.

While waiting for surgery early morning in my operating gown, I remembered I had to make a payment. I run to my locker and tried make a payment on my mobile phone but my phone internet connection was not very good in the hospital building. I tried to make a payment but had a few error messages coming up on the screen. I could not call congestion charge to make a payment over the phone as it was quite early in the morning and they were still not open. I went through surgery that day. It lasted about 8 hours, during which I was under general anaestehia. I woke up feeling very drowsy and sick, unable to move. The following day, I got discharged late afternoon and -despite the dizziness and drownsiness caused by the powerful general anesthesia- I called Congestion charge as soon as I got back home. I was told the 48 hours allowed to make a payment for the CT had lapsed and that I had to wait for the penalty charge to arrive in the post to be able to ask for a reconsideration. I tried to explain that due to my surgery circumstances, I was not in a position to make a payment for most of the 48 hours allowed to make a payment and that I should be given an extension of 24 hours for my extenuating circumstances. But the operator advised there was nothing that could be done,; that I had to wait until I received the penalty in the post before I could ask for it to be reconsidered.

On the same day I received the penalty, I wrote the Congestion Charge explaining my circumstances (see attached evidence on 24th July 2013), but they dismissed it. I ten was given the OPTION to appeal it to the Traffic Appelate Authority.

Since I genuinely felt I had a fair case, I referred the matter to the Traffic Appelate Authority by completing the necessary forms and posting them. I did this on the same day I received the response (within the time frame allowed). However the my appeal was turned down and I had to pay. However, in the decision letter, the adjudicator stated he did not rule on any malice intent (This was stated in the decision letter); that he could only dismiss the penalty if:

(a) The appelant was not the registered keeper of the vehicle at the time of the contravention.
(b) The relevant charge was paid at the time and in the manner required
(c)No penalty is payable under the congestion charging scheme.
(d) The vehicle was used without the consent of the registered keeper.
(e) The penalty charge exceeded the amount applicable in the circumstances of the case
(d) The appelant if a vehicle-hire firm



Not only I accepted th the adjudicator's decision and I made a payment to Congestion Charge straight away, but I also set up Auto-Pay with them so that in the future my payment would be made automatically should I have to go through similar extenuating circumstances in the future. I was also allowed to pay the reduced amount of £65 (instead of £130) as I paid within the next 15 days allowed.

From the above, it is clear that there was no malicious intent establised in the adjudicator's letter regarding the way I handled the CT charge. No malicious intent on my behalf not to pay the CT or avoid the penalty notice. I just followed the process in place to have a chance of my case being heard and adjudicated. Once it was, I accepted the findings and took steps to prevent the sitaution from occuring in the future.

I am self-employed, and this is the only penalty charge I've had during the last 12 years I've been in the UK

Sorry to hear about your refusal.
Did HO explain why it is being turned down? did you declare it on application form?

akhurshid wrote:Sorry to hear about your refusal.
Did HO explain why it is being turned down? did you declare it on application form?

Yes I did. They said it affects my "good character requirements" lol