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good morning everyone - after a six month wait I have just been refused for my naturalisation this morning. I submitted my application on the 15/10/14 and I have been refused because they are questioning my good character because I entered the UK illegally in 2008. The law changed AFTER i applied and payed my fees. plz help help

Were you an asylum seeker?

If you were asylum seeker enter illegally then how can you granted refugee status then ILR within a 6 year? If not what your route of immigration. I am one of them who are waiting since February 2014 now 14 month waited but unfortunately not received decision. I am also entered illegally but granted temporary admission then granted refugee status for 5 year. I don't think so you were refused by the illegal entry fect there is more fect in your application. Contact the solicitor for any reconsideration if there is any chance.
Babe khyber

hi thanks for replying just been to see solicitor told me to see and mp i was granted refugee for 5 years changed to indefinite leave to remain in 2013 waited 1 year to apply for naturalisation im so confuse dont what to do thanks

sitamaman,

sorry to hear this. Can you please elaborate on the reason of refusal? What was the rejection reason?
You mention "Good Character", how you didn't meet this?

Thank you

moxa the said i inter the uk ilegally so im not meeting the good character i have to another 3 years before applying

I thought if you apply for asylum once you arrive then it should not be an illegal entry?

What is the solicitor advising you to do now?

Also, at the time you applied this rule was not introduced, so how is this any fair?! they change the rules after you apply!

See also here.

Hi Sitamaman,

I am not a lawyer but can understand the complexity of your situation. This new change is going to affect thousands of refugees. Unfortunately, this issue has not been raised by the organisations who support refugees. I have opened a separate thread for an in-depth discussion on this topic.

According to understanding, naturalisation case has only one appeal to home office and if they refuse ,the only remedy is a judicial review. I suggest that you immediately consult a highly competent law practitioner for guidance.

just want no if there any time limit for reconsideration trying to look for a good lawyer any suggestion please

Please explain in detail the circumstances regarding 1. Your entry, were you a clandestine? 2. When you become known to the Home Office 3. When you applied for leave to remain in the UK and 4. When you were granted valid leave to remain in the UK, initially.

amber inter the uk like i said illegaly in december 2007 took my self to social service as i was minor the took me to the attention of home office in feb 2008 was granted refugee 5 years in 2008 after in 2013 i aplly for leave to remain wich was granted waited full 1 years to submitted my naturalisation that the storie of my life

What date did you attain the age of 18?

hi amber age of 17

hi amber i mean was 17 when enter the uk now 24

The month and year your turned 18?

hi amber sorry but need to no when is the time limit for reconsideration thanks i no you are trying to help turn 18 in jan 2009 thanks you

No time limit, but sooner the better.

Complete form NR - https://www.gov.uk/government/uploads/s ... orm-nr.pdf pay £80

Add the following letter:

Dear Sir or Madam,

RE: Your details; name, address, DOB and Home Office ref.

I am requesting a reconsideration of the naturalisation decision dated xx/yy/zzzz. The reason I request this reconsideration is because I believe that my case has not been considered sufficiently.

My recent application for naturilisation was refused due to the period I was in the United Kingdom without leave to remain. It was suggested that this period without lawful residence cast doubt on my character. As you are aware, the Secretary of State has the discretion to grant citizenship where s(he) is satisfied that, inter alia, the applicant is of Good Character. The recent amendments (December 2014) to Annex D: the good character requirement guidance, stipulates that where the applicant entered the UK illegally the application should normally be refused for a 10 year period from the date in which the applicant came to the attention of the Home Office. I have highlighted the word normally, which indicates there is discretion to allow such applications before a 10 year period has lapsed.

I entered the UK as a clandestine in December 2007, at the time I was a child. I was soon in contact with Child Social Services at the local authority and I came to the attention of the Home Office in February 2008. An asylum application was submitted and I was granted Refugee Status in 2008, whilst I was still a child. I was subsequently granted settled status (ILR) in 2013. In order for you to consider whether the period I was in the UK illegally should be a reason for refusal, I would like to draw your attention to Annex B to Chapter 18, specifically paragraphs 8.8 – 8.11.

You should normally exercise discretion to disregard a breach of the immigration laws (i.e. a period of unlawful residence) where there are reasons which were clearly outside of my control. As per paragraph 8.10 an example is that the breach occurred at a time when the applicant was a minor, which was the circumstance in my case. I wish to highlight that I was a child until after my immigration application was granted. Moreover, another example, in the same paragraph is where the applicant entered as a clandestine and came to the attention of the Home Office shortly after arrival, this is usually within one month, however, considering I was a child, a two month period should be considered shortly. In addition, as per paragraph 8.11, discretion should be limited to cases where the breach of immigration law was not substantial or deliberate. In my case, the breach was not deliberate, I was a minor, facing persecution, and I had little option but to come to the UK as to avoid inhumane treatment. The breach should not be considered substantial as I came to the attention of the Home Office shortly after my arrival. After my stay was regularised, there were no further breaches and no other issue relating to my character.

Finally, I wish to highlight Article 31 of the Refugee Convention which states that Contracting States (such as the UK) should not impose penalties on account of illegal entry or presence in the UK. Moreover, under Article 34 of the Refugee Convention the UK is obliged to facilitate the naturalisation of refugees, this includes expedition of proceedings. A 10 year ban appears to be contrary to both Articles of the Refugee Convention.

To summate, I have given clear reasons, with reference to your own guidance which illustrates that the short period I was in the UK illegally should be disregarded and that you should use your discretion and grant my application for citizenship. Not to do so will be ultra vires and I will have little option but to seek Judicial Review of the decision.

I wish to also highlight that the guidance changed after I had made my application and I think that to refuse applications without refunding the fee where the applicant made an application before guidance changed is unreasonable.

Yours Faithfully

Name

Send via 1st class recorded delivery.

AMBER GOD BLESS YOU HOPE I DONT NEED TO SEE A LAWYER ABOUT IT OR MP AND ALSO IM GETTING MARRIED TO A BRITISH CITIZEN SOON SO DO I HAVE TO WAIT TO SEND FOR RECONSIDERATION AFTER THE WEDDING OR NOW THANKS FOR YOUR RESPOND AMBER

I would send it now without delay.

OK AMBER I WOULD LIKE TO GIVE MY EMAIL PLEASE SO U CAN HELP IN MORE DETAIL THANKS YOU IF YOU DONT MIND THANKS

What I've given you already should be satisfactory subject to you editing with your circumstances in further detail. I'm afraid I do not take part in personal messaging for the purpose of advice.

AMBER THANKS ANYWAYS FOR YOUR HELP GOD BLESS

Nice letter, Amber!

Thanks Vinny, hopefully it helps.