Immigrationboards.com

Our enquiries into your application reveal that you had used deception to gain leave in DD/MM/2017 when an application for Leave to Remain was submitted.

kash87 wrote: ↑

Sat Feb 06, 2021 12:51 pm

E. How do I find out what exactly they are referring to? (regardless of my decision to go for NR i would like to know what is the issue)

kash87 wrote: ↑

Sat Feb 06, 2021 1:20 pm

Thank you for your response Cullinan,

They did not give any details of the deception, I have posted contents of the refusal as received. During the application process they did not ask for any information, clarification, so I don't know what are they referring to. That is why I want to know how to find out what is referred to as deception in my case. And as far as I am aware I did not use deception.

kash87 wrote: ↑

Sat Feb 06, 2021 1:35 pm

Any ideas how can I contact the case worker?

The email address he used says do not reply to this email as this inbox will not be monitored. After the case worker's name it says CT1 only, and liverpool address on top of the letter.

CULLINAN wrote: ↑

Sat Feb 06, 2021 2:02 pm

kash87 wrote: ↑

Sat Feb 06, 2021 1:20 pm

Thank you for your response Cullinan,

They did not give any details of the deception, I have posted contents of the refusal as received. During the application process they did not ask for any information, clarification, so I don't know what are they referring to. That is why I want to know how to find out what is referred to as deception in my case. And as far as I am aware I did not use deception.

You have identical immigration history like myself. If your Tier 1 extension was approved after the interview in 2017, there was NO deception? I am certain there wasn't any.

Why HO approved your extension and ILR if there was deception in the first place? I am not sure about this and that is why finding out more is important

Did you work illegally on Tier 1 Entrepreneur initially? Were you on PSW visa before that or Tier 1 Ent was your first visa? Did you have any tax issues with HMRC? - I was on PSW prior to T1 Entrepreneur - No tax issues at any time since my arrival in UK, No illegal work at all


I suggest you definitely apply for SAR and then pursue this allegation.

CULLINAN wrote: ↑

Sat Feb 06, 2021 2:16 pm

Also if deception was real in 2017 extension and overlooked earlier, then ILR can be revoked too? Again this is something I am not sure about. and I believe it depends on what the allegation is. Anybody in the same scenario had theirs revoked?

If there was no deception at extension stage and ILR was granted, then the deception at extension stage can not be the basis to refuse AN.

kash87 wrote: ↑

Sat Feb 06, 2021 12:51 pm

Dear senior members,

Please suggest what steps should I take next.

History
Tier 1 Entrepreneur: 2014 - without any issues
Tier 1 Ent Extension: 2017 - without any issues (was interviewed before decision)
Indefinite Leave to Remain: 2019 - without any issues
Naturalisation Application: 2020
Refusal: 2021

No problems at all while traveling and at any stage of visa's, extension, ILR.

I am typing the details of refusal letter here, word by word

Your application has ben refused for the following reason(s):

It is a requirement for naturalisation that a person is of a good character. There is no definition of good character in British Nationality Act 1981 but our policy is in regard to this requirement is outlined on gov.uk

Our enquiries into your application reveal that you had used deception to gain leave in DD/MM/2017 when an application for Leave to Remain was submitted. The home secretary considers your actions constitute a deliberate attempt to mislead a Government department and as such can not be satisfied that you meet the good character requirement for naturalisation and your application is refused.

If you still wish to become a British Citizen you must make a fresh application for naturalisation, accompanied by the appropriate fee. It is open to you to make a fresh application at any time but in view of your actions you are advised that an application made before DD/MM/2027 is unlikely to be successful.

You should note that the outcome of any future application cannot be guaranteed, as this would be determined in the light of enquiries made at that time.

Next Steps
If you believe the decision to refuse your application was not soundly based on nationality law, policy or procedures and you wish it to be reconsidered, you must complete Form NR and pay a fee.

The refusal and the reason both have completely shocked me.

I have few questions, your answers may help me decide what to do next

A. Is this a refusal of British citizenship only or will/can affect my ILR also?
B. Should I go for Form NR (reconsideration of naturalisation application)?
C. There is no mention of how many days I have to apply for NR- is there a specific time period?
D. Would I need a solicitor or I can do this on my own?
E. How do I find out what exactly they are referring to? (regardless of my decision to go for NR i would like
to know what is the issue)
F. My spouse is in Pakistan and we planned to submit the application for spouse visa next week, shall we
wait? This refusal will have an impact on spouse visa application?
G. What is the best course of action for me to take?

I request the senior members of the group to give me your expert advice for a positive outcome.


Thank you for reading my long post.

London22 wrote: ↑

Sat Feb 06, 2021 4:12 pm

This good character requirement which actually is a Tory political tool & on this basis any application can be refused .There isn't any definition of good character requirement & most refusals come due to this. It is injustice & misuse of power. I think there is a rota system how many people should be granted nationality per year. We have seen home office algorithm of systematic beloved targeting certain group of people .This will not end as labour is with Tories on hostile environment. It is shambolic.

secret.simon wrote: ↑

Sat Feb 06, 2021 5:06 pm

London22 wrote: ↑

Sat Feb 06, 2021 4:12 pm

This good character requirement which actually is a Tory political tool & on this basis any application can be refused .There isn't any definition of good character requirement & most refusals come due to this. It is injustice & misuse of power. I think there is a rota system how many people should be granted nationality per year. We have seen home office algorithm of systematic beloved targeting certain group of people .This will not end as labour is with Tories on hostile environment. It is shambolic.

Incorrect on so many points.

The good character requirements has been present in UK law since at least 1948 (enacted under the Labour government that granted independence to the Indian subcontinent) and was probably already present in law earlier as well.

It is also not restricted to the UK, with the US, Canada and Germany, among many others, restricting naturalisation for people who may have committed crimes. Indeed, India explicitly excludes illegal migrants from naturalisation. It can't come as a surprise to most people that countries are not fans of giving citizenship to people who may have broken the law.

It is also worth reflecting on the fact that the UK has generally naturalised more people than most other countries in Europe, exceeding Germany, France and Italy in 2018 (the last year for which these stats are available from the EU).

So go easy on your posts on this point. It is neither (a)a UK specific thing nor (b) a Tory specific thing and (c) hasn't stopped the UK from naturalising more people than most other countries in Europe.

To the OP, revisit this thread when you have got the SAR details on why they suspect deception in 2017. Inference of deception may taint not only any future naturalisation application, but also your existing ILR. Given that your ILR was based on Tier 1 Entrepreneur, pay particular attention to your accounts from before that period and whether you met the requirements for employing specific numbers of people, etc.

London22 wrote: ↑

Sat Feb 06, 2021 8:07 pm

secret.simon wrote: ↑

Sat Feb 06, 2021 5:06 pm

London22 wrote: ↑

Sat Feb 06, 2021 4:12 pm

This good character requirement which actually is a Tory political tool & on this basis any application can be refused .There isn't any definition of good character requirement & most refusals come due to this. It is injustice & misuse of power. I think there is a rota system how many people should be granted nationality per year. We have seen home office algorithm of systematic beloved targeting certain group of people .This will not end as labour is with Tories on hostile environment. It is shambolic.

Incorrect on so many points.

The good character requirements has been present in UK law since at least 1948 (enacted under the Labour government that granted independence to the Indian subcontinent) and was probably already present in law earlier as well.

It is also not restricted to the UK, with the US, Canada and Germany, among many others, restricting naturalisation for people who may have committed crimes. Indeed, India explicitly excludes illegal migrants from naturalisation. It can't come as a surprise to most people that countries are not fans of giving citizenship to people who may have broken the law.

It is also worth reflecting on the fact that the UK has generally naturalised more people than most other countries in Europe, exceeding Germany, France and Italy in 2018 (the last year for which these stats are available from the EU).

So go easy on your posts on this point. It is neither (a)a UK specific thing nor (b) a Tory specific thing and (c) hasn't stopped the UK from naturalising more people than most other countries in Europe.

To the OP, revisit this thread when you have got the SAR details on why they suspect deception in 2017. Inference of deception may taint not only any future naturalisation application, but also your existing ILR. Given that your ILR was based on Tier 1 Entrepreneur, pay particular attention to your accounts from before that period and whether you met the requirements for employing specific numbers of people, etc.

A typical reply from Secret Simon.
UK immigration is politicised .Good character requirement is a tory tool. Most refusals are coming because of this .This is such a tool that anyone can be refused on its basis as it has been twisted in such a way. Criminals should be barred from citizenship but innocents should not be declared same as criminals.
You have no idea how politicised is home office.Lawyers ,researchers,judges& eye witnesses. call this system a nightmare.
Do you know about systematic discrimination algorithms use in this system for years to abuse foreigners?
You need to change your views on tories .Labour is silent on hostile environment which is a complicit.

kash87 wrote: ↑

Sat Feb 06, 2021 12:51 pm

Dear senior members,

Please suggest what steps should I take next.

History
Tier 1 Entrepreneur: 2014 - without any issues
Tier 1 Ent Extension: 2017 - without any issues (was interviewed before decision)
Indefinite Leave to Remain: 2019 - without any issues
Naturalisation Application: 2020
Refusal: 2021

No problems at all while traveling and at any stage of visa's, extension, ILR.

I am typing the details of refusal letter here, word by word

Your application has ben refused for the following reason(s):

It is a requirement for naturalisation that a person is of a good character. There is no definition of good character in British Nationality Act 1981 but our policy is in regard to this requirement is outlined on gov.uk

Our enquiries into your application reveal that you had used deception to gain leave in DD/MM/2017 when an application for Leave to Remain was submitted. The home secretary considers your actions constitute a deliberate attempt to mislead a Government department and as such can not be satisfied that you meet the good character requirement for naturalisation and your application is refused.

If you still wish to become a British Citizen you must make a fresh application for naturalisation, accompanied by the appropriate fee. It is open to you to make a fresh application at any time but in view of your actions you are advised that an application made before DD/MM/2027 is unlikely to be successful.

You should note that the outcome of any future application cannot be guaranteed, as this would be determined in the light of enquiries made at that time.

Next Steps
If you believe the decision to refuse your application was not soundly based on nationality law, policy or procedures and you wish it to be reconsidered, you must complete Form NR and pay a fee.

The refusal and the reason both have completely shocked me.

I have few questions, your answers may help me decide what to do next

A. Is this a refusal of British citizenship only or will/can affect my ILR also?
B. Should I go for Form NR (reconsideration of naturalisation application)?
C. There is no mention of how many days I have to apply for NR- is there a specific time period?
D. Would I need a solicitor or I can do this on my own?
E. How do I find out what exactly they are referring to? (regardless of my decision to go for NR i would like
to know what is the issue)
F. My spouse is in Pakistan and we planned to submit the application for spouse visa next week, shall we
wait? This refusal will have an impact on spouse visa application?
G. What is the best course of action for me to take?

I request the senior members of the group to give me your expert advice for a positive outcome.


Thank you for reading my long post.