Immigrationboards.com

[burtsbee]

Does anybody know or heard of someone that had actually been unsuccessful in their citizenship application?

[osteophytes]

[salmanakram]

[burtsbee]

Thank you, my thoughts exactly. This would help a lot of us I think.

[Linda8]

We apply under discretion of the Secretary of State and my application was refused.I was outside the UK in excess of the permitted maximum 896 days.

[prince12]

[vinny]

[Linda8]

[John]

[BrookGreen2012]

A few weeks ago, I received a letter from UKBA informing me of their refusal of my naturalisation application. It states:

"I refer to your application for naturalisation as a British citizen under section 6(1) of the British Nationality Act 1981.
An applicant under this provision is expected to meet certain residential requirements which are explained in paragraph 3 of the information leaflet BN7, which can be found on our website.
As you were subject to a time limit on your stay in the United Kingdom until 10th May 2011, you do not meet the requirement at a paragraph 3(d) of the leaflet. Whilst the Secretary of State has discretion to waive this requirement she is not prepared to do so in this particular case. Your application has therefore been refused.
If you still wish to become a British citizen a fresh application will be required. It is open to you to re-apply at any time, but you may wish to note that an application made before 10th May 2012 is unlikely to be successful.
Arrangements are being made to return the sum of £80.00 which is refunded in the case of unsuccessful applications where an applicant is not required to attend a citizenship ceremony."

I paid £836 for my application. If and when I receive the £80 above back, this means I have lost £756.

The UKBA website refers to a minimum residential requirement for British citizenship applicants. This is a period of 12 months from the date the ILR has been approved. I applied in January 2012, because I was informed by a friend that there was a loophole in the system. Like my friend, I was granted ILR on the basis of "long stay", having lived in the UK legally for 10 years. According to my friend, a solicitor friend of hers advised her to apply for British citizenship as soon as she was granted ILR, because the minimum residential requirement of 12 months would not apply to applicants who have ILR based on 10-year long stay.

My friend applied immediately after receiving her ILR in the summer of 2011 and was granted British citizenship. Based on her experience, I followed her advice. Unfortunately, I was refused.

I now have two options:
1. Wait until 10 May 2012 and submit a fresh application. This means paying another application fee on top of the original fee. From 6 April 2012, the new fee is increased to £851. In total, I would end up paying £1687 for both applications.
2. Request the UKBA to reconsider a decision to refuse and pay £80 to UKBA (non-refundable) for this request. One of the points listed on the letter from the UKBA as grounds for the request is:
"Do you believe that the decision was reached on irrelevant statutory requirements or policy criteria? If so, say which requirements or policy criteria should have been applied. Do this with reference to the guide that accompanied the application form or the policy and law section of the UKBA website, including the precedent based scenarios."

I would be grateful if anyone could share their experiences of requesting the UKBA to reconsider a decision to refuse. I believe that my friend's case is a precedent, but how would I go about arguing this point? I am considering seeking advice for a solicitor, but I am unsure of whether this would cost as much as (or more than) paying for a fresh application.

Thank you to anyone who's willing to share and help.

[John]

[cherryplum]

Also did your friend get ILR due to marriage to a BC - because there is a loop hole there for a married partner applying

[BrookGreen2012]

Thank you for your questions, John.

[BrookGreen2012]

Thank you for your question, CherryPlum.

[Greenie]

it's not whether your friend got her ILR through marriage, but rather, whether she was married to a British citizen at time of her application for citizenship? Also - it's not a loophole - but a separate provision in the legislation

without knowing all of your friends circumstances, it is impossible to say why she was granted BC before completing one year's ILR, however I would say that you would be wasting your money paying a solicitor to challenge the decision, which was correct according to the requirements. As you are now married to a British citizen you can apply for citizenship without having to wait until you have had ILR for a year.

[vinny]

[DEVONIAN]

Your friend – in all probabilities – was, at the time of making her/his application for British Citizenship, married to, or in civil partnership with, a British Citizen. Hence, s/he didn’t have to wait for the 12 months period before getting her/his British Citizenship application approved. Knowing you were married to a British Citizen, but ostensibly unconscious of the fact that the marriage wasn’t formally documented/registered, s/he advised you not to wait for the 12 months period. Without any legal documentations to that effect, you’re in the eyes of the law, not married to a British Citizen, and therefore need to wait for 12 months before becoming eligible to apply for your own British Citizenship. If you intend, as you’ve clearly stated, to obtain your British Citizenship purely on your own MERIT, the 12 months wait is a MUST. Otherwise, you’ll need to re-apply, indicating that you’re married to, or in civil partnership with, a British Citizen. Make sure the relevant marriage documentations are enclosed. Good luck!

[BrookGreen2012]

Thank you to everyone who has posted a reply to my question. I have decided to wait until the end of the 12-month period, which is next month, to resubmit my application and pay the required fee once again. I really hope that I will be successful this time. The bureaucracy is complex and frustrating. This board has helped to clarify matters for me. Thank you.

[John]

BrookGreen2012, in my opinion that is very sensible, but do ensure that you were physically in the UK exactly 5 years before UKBA will receive the Naturalisation application.
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John

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[niteshj]

http://www.immigrationboards.com/viewtopic.php?p=823030