Immigrationboards.com

Hey All,

Some of you may remember me from way back but some wont. Here is a link to my story Its quite long and stretches two years.

http://www.immigrationboards.com/genera ... 13453.html

In summary, Been in UK since 1998, Legally till 2006. Was caught for deception and sent to 4 months prison. This was back in July 2007. Since then I got my EEA4, ILR and applied for naturalisation in July 2014. Had to wait for 7 Years as for my sentence to lapse. Been married to my wife since 2008 EA national who is a british citizen now.

Last week got a letter back saying application refused due to the change in good character requirement policy change and now any prison sentence up to 12 months must wait for 10 years before they can apply. So apply back in july 2017.

Can i get some help please just feel a bit disappointed.

1) I applied in July 2014. Way before the rules came in practice.
2) Guidance says any decision made before or after December 2014. - How can i know when the decision was made by HO? Can i ask for information under FOI act.
3) I can apply for reconsideration ? is it worth it ?
4) Can i contest the decision saying when i applied the rules were different and that date should be upheld rather than the decision date.
5) any other advise or option i may have ?


In all honesty i am not in dire need to BC the only reason i applied was to make sure they don't change any policies in future and they did.

I have a good job, Dont claim any benefits, have ILR so don't know why i would need BC and can wait till 2017, the only thing is what if come 2017, HO changes the rule again

Do i have any options left and is it worth pursuing this?

As usual all help is greatly appreciated.

Regards

I'd write back and ask them to refund your application fee. Explain when you applied the good character guidance said you would be ok and it changed before your application was decided. This it's unfair to charge you for a refusal.

Unfortunately I do not believe there is any point is requesting a reconsideration.

I agree with what Amber has mentioned, you should, or if it were me I'd request a refund of the fee, as they changed the Good character requirement after you applied, but before a decision had been made. The argument/justification I'd put forward is that, you should not have been charged a fee for an application, which you would not have made, had you known those requirements at the time.