Unsuccessful applications

[ali_hsn]

Another update:
So I called HO couple of days ago and just received a call back. Same answer as usual: "In Progress"

I mentioned to the caller, that I am suffering for their incompetence. My case was rejected wrongly on "no effort" made to contact HO, to which I got a funny reply that I can complain my emailing complaints@homeoffice.gsi.gov.uk
I told her that I am in this situation because I used their emails - what guarantee do I get that someone will check this.

All in all, I got the same message: there is no timeline for re-consideration.

Waiting!

[foufou]

Another update:
So I called HO couple of days ago and just received a call back. Same answer as usual: "In Progress"

I mentioned to the caller, that I am suffering for their incompetence. My case was rejected wrongly on "no effort" made to contact HO, to which I got a funny reply that I can complain my emailing complaints@homeoffice.gsi.gov.uk
I told her that I am in this situation because I used their emails - what guarantee do I get that someone will check this.

All in all, I got the same message: there is no timeline for re-consideration.

Waiting!

don't stress your self brother , we are all in same boat , I sent mine just one day after you , but i'm waiting for at least six months to pass before i do any thing

[funkyronster]

Hello everybody

My wife has just been refused on the basis that she has been absent for 360 days in the last 3 years - ie 60 days over. Every other condition was met. We made the application on the basis that they had "discretion" to disregard the extra 60 days. We are a retired couple and have been spending long holidays abroad.

The refusal letter had the standard wording - ie "chose not to exercise discretion in this case"

On further extensive reading, I read that this discretion can only (?) be applied (ie up to 450 days absence) if she had been resident for 4 years or more. She has not - we applied exactly after she had been resident for the minimum 3 years.

I thought we had a reasonable chance because she fulfilled all the other conditions, and also passed this test of - quote from Annex B Ch 18 Residence requirements ....

"We should normally consider exercising this discretion as set out below, but only when we are satisfied that applicants have genuinely thrown in their lot with the United Kingdom and meet the other requirements."

We are a totally normal married couple fully established in the UK - we just are lucky enough to be able to afford long holidays.

My question is this. Just what is this discretion they are talking about - does it even exist? Has anybody ever had success when over the 300 day limit?

It seems to me what they are actually saying is for 3 years residency - 300 days absence allowed. For 4 years residency 450 days allowed.

So are there any circumstances in which they would allow even a single day over the 300?

It seems our only sin was to have an extra 2 months of holiday, which I thought was a pretty innocent reason and worthy of said "discretion".

Does anybody here think it worth paying the £80 for a review?

Thanks

PS for the benefit of others, we applied in July and they refused just now - so 5 months ....

[t123456789]

There is discretion, but it's really up to the caseworker. Sometimes people are lucky, other times not.

How long would your wife need to wait to reduce the absence to 300 days? If it's just 60 days, I would try waiting till it was 300 days and apply for reconsideration.

[ali_hsn]

Hi,

another week gone and no update, 2 more weeks and 5 months will be up. Has anyone who applied for reconsideration received approval?

[pfaff]

Hi,

My application was refused because I did not re-register WRS in first 12 months when I changed the job. I applied on 02/05/2015 and my application was rejected on 29/10/2015 with information that WRS scheme was abolished from May 2011 and I will be eligible to apply again 5 years after that day which means May 2016. I decided to as for reconsideration of my application because I believe that the decision with regards to my permanent residency status was incorrect according to the law. The decision states that “The requirement to register on the Workers Registration Scheme ended on 30th April 2011 so the earliest date that you can be classed as Permanently Resident is 1st May 2016”. In TG v Secretary of State for Work and Pensions, the Administrative Appeals Chamber of the Upper Tribunal has ruled that the government acted unlawfully when it extended the Workers Registration Scheme [‘WRS’] for its final two years of operation from 30th April 2009 to 30th April 2011. Taking under consideration fact that according to the Upper Tribunal Administrative Appeals Chamber WRS should finish on 30th April 2009, my automatic Permanent Resident status is counted since 1st May 2009. That would mean I meet the 5 year period requirement on 1st May 2014. Additional 12 months requirement before I can apply for naturalisation was met on 1st May 2015.

I am still waiting for £80 to be taken from bank account and for response.

[ali_hsn]

Hi All,


still not update and my MP is useless. I requested the stats on reconsideration applications from the home office and received a reply that was expected:
https://www.whatdotheyknow.com/request/ ... ation_time

There is no set standard for reconsideration applications. We just have to keep waiting (and praying)

[foufou]

Hi All,


still not update and my MP is useless. I requested the stats on reconsideration applications from the home office and received a reply that was expected:
https://www.whatdotheyknow.com/request/ ... ation_time

There is no set standard for reconsideration applications. We just have to keep waiting (and praying)

I said that before , there is no time limit for reconsideration , but not long time ago was only taking month or two , the problem that the HO are ignoring every body , what about if the HO made a wrong decision ? is that mean this person will wait for life even is nothing wrong with his application after paying that huge amount of money , this is really stupid .
what we can do is wait and wait , I been waiting for 15 years anyway so I get used to it , after the 6 months past I will try to chase my solicitor and my MP and see what they can do , HO will start look at our applications when they will finish all the mess they have , i'm sure it will be soon as some rules change in November for EAA applicants witch will be easy for the case worker to make a decisins and the number of the applications will be lower from November as most of EEA members don't hold a permanent residence . I think once we will be british we will realize how we were stressed and stupid for nothing

[Rassel]

Apply for Reconsideration 17/06/15
after 2 month on august contact my MP,
MP get response from H/O 'his application was refuse in Good Character on june15'

He has submitted a reconsideration application in June which is still pending. Reconsiderations can take up to six months. He needs to wait until his case has been reconsidered.

my 6 month is over now, did contact with my solicitor he draft a letter to send H/O. But i'm still waiting for strong point and advice from immigration expert.

[foufou]

[quote="Rassel"]Apply for Reconsideration 17/06/15
after 2 month on august contact my MP,
MP get response from H/O 'his application was refuse in Good Character on june15'

He has submitted a reconsideration application in June which is still pending. Reconsiderations can take up to six months. He needs to wait until his case has been reconsidered.

my 6 month is over now, did contact with my solicitor he draft a letter to send H/O. But i'm still waiting for strong point and advice from immigration expert.[/q
when they said 6 months to wait is just to calm u and your MP , now they can say its complex and need another 3 to six months to decide your application , it's all rubbish , painkillers , but nice to keep the pressure on them because they are under big pressure only what they can do quicker it's take the big money and no refund , just make sure to write in your letter that they said to your MP will take up to six month and the six month is over now , good luck mate

[Rassel]

on other pages
One applicant got approval after 8 month of his reconsideration.
Sign is good. At least he is success.

[ali_hsn]

That Applicant was lucky - given that first time applicants are still waiting for their approval after 6 months there is little chance that re considerations will be looked at before 8 month mark.
BTW I called again and got the same reply - still in progress. No Christmas celebrations for me

[saanju9]

MN1 refused due to one parent not setlled and reconsideration applied in april ,now 7 months passed,today i visited MP office for help,let see what happen,HO taking too long to make decision

Was the child born in the UK????

[Rassel]

His reconsideration accepted before X-mas. As i follow other page as well.

MN1 refused due to one parent not setlled and reconsideration applied in april ,now 7 months passed,today i visited MP office for help,let see what happen,HO taking too long to make decision

Was the child born in the UK????

[ali_hsn]

Hi,

I contacted my MP again - who will be chasing up HomeOffice on my case. I hope that helps!
Has anyone else received approval yet?

[TimBC]

Hi,
I'm still waiting, applied on the 1st April. My MP, whilst very helpful, did not understand my case at first. I've had to contact him a few times. My most recent letter from him included an apology from the home office! Fingers crossed for some good news soon!

[kimo]

Hi every one. I hope I'm in the right place. I'm new this form. Ok I need some advice pls. I'm applying for British Citizenship and I'm very worry after reading this comment Above. I hold a permanent residence through marriage since 10/2014 but I was illegal immigrant before my marriage on 2009 , I enter uk in 2005 as illegally , I didn't apply for asulme or refuge, ok my question is in the AN form they ask for date of entry in uk ? I don't know what to do or write please any advice

[jaweb]

[quote="kimo"]Hi every one. I hope I'm in the right place. I'm new this form. Ok I need some advice pls. I'm applying for British Citizenship and I'm very worry after reading this comment Above. I hold a permanent residence through marriage since 10/2014 but I was illegal immigrant before my marriage on 2009 , I enter uk in 2005 as illegally , I didn't apply for asulme or refuge, ok my question is in the AN form they ask for date of entry in uk ? I don't know what to do or write please any advice[/quote]

If you were illegal I would advise you to wait 10 years froma date when you became legal ( 10/2014)as your application will be refused!
You can write the date when you really entered UK but you need to prove that you were legal which in your case is not true. If you do not want to lose £1000+ do not apply!

[ohara]

Hi every one. I hope I'm in the right place. I'm new this form. Ok I need some advice pls. I'm applying for British Citizenship and I'm very worry after reading this comment Above. I hold a permanent residence through marriage since 10/2014 but I was illegal immigrant before my marriage on 2009 , I enter uk in 2005 as illegally , I didn't apply for asulme or refuge, ok my question is in the AN form they ask for date of entry in uk ? I don't know what to do or write please any advice

Q14A – I have breached immigration rules/I was an overstayer in the past; will this lead to a refusal?

Please also see here (click) for further information.

I entered the UK illegally will this impact my application?

If you entered the UK illegally in the past your application will normally be refused for 10 years from:

1 – The date in which you entered the UK illegally if this is known to the Home Officer or

2 – The date in which you first brought yourself to the attention or came to the attention of the Home Office.

For example, Joe entered the UK illegally in September 2007 and came to the attention of the Home Office in March 2008. Joe applied for citizenship in January 2015. Joe’s application was refused. Joe’s application will normally be refused until at least March 2018. This is because Joe entered the UK illegally and will therefore, normally be refused for 10 years from (2) the date in which he become known to the Home Office (March 2008).

[kimo]

Hi Ohara and Jaweb thank u for replay , so what I understand I have to wait until 2019 - coz I been given 5 years stamp in 2009 , is that correct ?

[ohara]

Yes

[kimo]

Wow why they say in there website we have to wait 12 month after holding PR TO apply for citizenship or this for people who enter uk legally only .

[ohara]

One of the requirements for naturalisation is that you are free of immigration time restrictions for at least 12 months prior to the application. In effect, this means you should hold PR/ILR for at least a year before you apply for naturalisation. The requirement is waived if you are married to a British citizen.

[Casa]

Wow why they say in there website we have to wait 12 month after holding PR TO apply for citizenship or this for people who enter uk legally only .

Legal entrance and residence only.

[sud315]

So what would happen if the application is refused?
(if it depends on the basis of rejection, I have 91 absences when only 90 is allowed)

Thanks