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Any naturalisation application refused ? WHY?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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san2014
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Re: Any naturalisation application refused ? WHY?

Post by san2014 » Wed Apr 29, 2015 1:25 pm

When this changes and when this law came into force please?
Thanks

cs95tdg
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Re: Any naturalisation application refused ? WHY?

Post by cs95tdg » Wed Apr 29, 2015 1:34 pm

san2014 wrote:When this changes and when this law came into force please?
Thanks
December 2014. Personally I'd wait for the reason for refusal from your solicitor. Once you have that, you will have a clearer picture of what to do next. You may want to post your immigration history, along with refusal reason so that others can comment.

san2014
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Re: Any naturalisation application refused ? WHY?

Post by san2014 » Wed Apr 29, 2015 2:03 pm

Before receiving the letters from the solicitor, I would like to say something as a person that finished for law ...

My partner applied in 9 May 2014 and the law came into force December 2014
Because of this I don't think that anyone before December 2014 should be affected by this law.
Because the law does not have retroactive effect and all the solicitors should know this

I hope am right...

cs95tdg
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Re: Any naturalisation application refused ? WHY?

Post by cs95tdg » Wed Apr 29, 2015 2:57 pm

san2014 wrote:Before receiving the letters from the solicitor, I would like to say something as a person that finished for law ...

My partner applied in 9 May 2014 and the law came into force December 2014
Because of this I don't think that anyone before December 2014 should be affected by this law.
Because the law does not have retroactive effect and all the solicitors should know this
Unfortunately, that's not the case, the rules apply to all applications that were undecided when the changes came into effect, irrespective of when the application was submitted.

However depending on your partners immigration history, for instance if he applied for ILR as a refugee/asylum seeker... then I'd urge you to read the thread posted by fwd079 where Amber has posted some useful information.

san2014
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Re: Any naturalisation application refused ? WHY?

Post by san2014 » Wed Apr 29, 2015 9:59 pm

Hi
Thanks for the early replay

We need some help as we don't know what to do, what action should we take please??

This is the reason for the Naturalisation Application refused.


Your client was here without valid leave in UK between 17/11/2005 until 05/03/2014 when he was granted ILR.
Also he was not permitted to work during this time but he was working.
So you have provided documents which clearly shows that your client was working here between August 2006 - April 2014 WITHOUT permission and your client can not therefore satisfy the Criteria of Chapter 18, Annex D, paragraph 9.7 & c of the Nationality Instructions.
So your client application is refused.

He has been working in this country and I can not deny But he has payed his tax and worked with papers always and never claimed benefits.
Thats so unfair :(

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CR001
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Re: Any naturalisation application refused ? WHY?

Post by CR001 » Thu Apr 30, 2015 6:21 am

I think that one of the most important points your partner seems to have missed is that to qualify for citizenship, you have to have 5 years or 3 years if married to a British citizen, valid legal stay/status. They do not count any time that an applicant was in the UK illegally towards the residence period. The fact that your partner was working without the right to work has also compounded this fact as HO has pointed out.

I feel that the HO's decision was correct.

Based on the changes in December 2014 regarding good character, your partner should be able to apply for citizenship in March 2024.

There really isn't anything you can do as you cannot appeal a refused citizenship application and you also lose the fee that you have paid. You can ask for a reconsideration at a cost of £80, but it is unlikely that your partner will be successful.
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san2014
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Re: Any naturalisation application refused ? WHY?

Post by san2014 » Thu Apr 30, 2015 7:06 am

Sorry but you can not say they made a right decision, thats no nice from your side!!! As you don't know everything :(

First of all, when he did application was May and the law changed in Dcember so for this reason no one knew.

So his application should had finished in 9 November and get a positive decision (HO is wrong for not proceeding on time his application) they just did for the money thats it.

How many other people got their approval before December?
(I know few people with the same situation)

So for this reason you better don't say anything if you don't have sth nice :(

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Re: Any naturalisation application refused ? WHY?

Post by CR001 » Thu Apr 30, 2015 7:25 am

I am only pointing out the facts. You might not like what is being said but they are facts none the less.

What is your partners full immigration history in the UK?
How did your partner enter the UK?
Has your partner at any point prior to his ILR had any form of valid UK visa?
What is the nationality of your partner?

fwd079 and cs95tdg have asked about your partners immigration history, which would be helpful to understand the sequence of events.
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secret.simon
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Re: Any naturalisation application refused ? WHY?

Post by secret.simon » Thu Apr 30, 2015 8:27 am

We try to help each other resolve our immigration issues on these forums and at times, it involves stating unvarnished facts and not being nice.

Your partner was in breach of immigration laws for almost nine years. As mentioned by CR001, we do not know the whole immigration history, such as whether he was a refugee or an asylum seeker. If he were, they are mitigating circumstances that you can take up with the Home Office. If he is not, the Home Office would look askance at giving citizenship to somebody who has broken the law for such a long period of time.

I have written in the other thread that you have posted in.
secret.simon wrote:The rules regarding the definition of good character were modified in December 2014 (I think, 11th December 2014, but I'm not certain).

As the changes only involve redefining what good character means (good character has been a requirement since 1983), from other comments in this forum, it is impacting even applications which were submitted earlier but were not decided by then.
The Home Office used to refuse citizenship for people with criminal offenses, but surprisingly did not do so for people with immigration offenses. When that fact was pointed out to them, the definition of good character was updated to reflect the fact that immigration offenses are also offenses against the law and hence should be refused.

With respect, your partner broke the law, he broke it for a significant period of time, he does not appear to have mitigating circumstances and it appears that the Home Office made the correct decision. I am only very surprised that he has not been deprived of his ILR (which the Home Office can do) for such a flagrant breach of the law.

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Re: Any naturalisation application refused ? WHY?

Post by CR001 » Thu Apr 30, 2015 8:32 am

Good response secret.simon. Sugar coating responses is not going to help anyone but unfortunately many people post and re-post waiting to hear a response that they want to hear.
secret.simon wrote:With respect, your partner broke the law, he broke it for a significant period of time, he does not appear to have mitigating circumstances and it appears that the Home Office made the correct decision. I am only very surprised that he has not been deprived of his ILR (which the Home Office can do) for such a flagrant breach of the law.
With regards to the quoted text above, I am surprised that the partner got ILR at all due to the fact that there was no legal stay prior to ILR grant. But as you say, until we understand or know the immigration history of the partner (asylum, refugee or other), it is difficult to advise appropriately.
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san2014
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Re: Any naturalisation application refused ? WHY?

Post by san2014 » Thu Apr 30, 2015 9:34 am

I understand that we give opinion on these matters.
But also we have to understand the feeling of other people too. :cry:

When he entered was a child.
His status is as a aslym seeker.
Before people was working and getting their insurance number because was different. Now if you don't have a visa forget it.

Also when you still in process with the HO to settle in this country you should work because how you going to survive?!!
In the moment that you get the answer from the HO or the court that is NO you don't have more rights to stay.
If you get an answer YES (in his case they gave the right and also the court said sorry for the delay on your process)

The HO can not deprive him to have the ILR because he won the papers with court decision (Human rights)

What am pointing is before the law changed (December 2014)
Everyone had the right to apply if they had such a long time after getting the ILR card

I am upset because they didn't give him the decision in 6 months with the previous law :(

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Re: Any naturalisation application refused ? WHY?

Post by fwd079 » Thu Apr 30, 2015 9:47 am

san2014 wrote:I understand that we give opinion on these matters.
But also we have to understand the feeling of other people too. :cry:

When he entered was a child.
His status is as a aslym seeker.
Before people was working and getting their insurance number because was different. Now if you don't have a visa forget it.

Also when you still in process with the HO to settle in this country you should work because how you going to survive?!!
In the moment that you get the answer from the HO or the court that is NO you don't have more rights to stay.
If you get an answer YES (in his case they gave the right and also the court said sorry for the delay on your process)

The HO can not deprive him to have the ILR because he won the papers with court decision (Human rights)

What am pointing is before the law changed (December 2014)
Everyone had the right to apply if they had such a long time after getting the ILR card

I am upset because they didn't give him the decision in 6 months with the previous law :(
I am sorry for your grief. But Citizenship is a privilege not a right ( page 8 ) so they can take as much time as possible to satisfy themselves. ILR is what was his request hence he had a right to appeal. In Citizenship cases, you can only request for a reconsideration, nothing more.

Seniors can tell better, but in my view he has to wait at least ten years from the date he became an overstayer.
Being British is a state of mind.
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Re: Any naturalisation application refused ? WHY?

Post by CR001 » Thu Apr 30, 2015 10:04 am

When he entered was a child.
His status is as a aslym seeker.
For the what you have stated above, I would urge you as a matter of priority, to read the link I have included below (which was already provided to you in a previous post in this thread) and in particular the letter that Amber has posted for cases such as your partners being an asylum seeker.

Does your partner have evidence or proof that he applied or was an asylum seeker or any correspondence from HO during that time?

http://www.immigrationboards.com/britis ... 84190.html

I hope that you can understand now why you need to provide as much information about the circumstances when requesting help here as if we don't know the situation, we can only advise you based on the limited information you provide and what the rules say.
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roanne15
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Re: Any naturalisation application refused ? WHY?

Post by roanne15 » Thu Apr 30, 2015 12:48 pm

Could anybody please clarify for me.. The 10 year ban is this effective from "When you came to the attention of home office" which mean's application of some sort, or does it relate to been banned for 10years until you were given "STATUS" and meaning in this time before you were granted "Status" you complied with reporting, even being granted to "Work" a year after application, because no decision had been made, whilst application was still being processed.

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Re: Any naturalisation application refused ? WHY?

Post by roanne15 » Thu Apr 30, 2015 1:04 pm

roanne15 wrote:Could anybody please clarify for me.. The 10 year ban is this effective from "When you came to the attention of home office" which mean's application of some sort, or does it relate to been banned for 10years until you were given "STATUS" and meaning in this time before you were granted "Status" you complied with reporting, even being granted to "Work" a year after application, because no decision had been made, whilst application was still being processed.

As this what it stays




Chapter 18 Annex D: the good character requirement > 9.7 Evasion of immigration control wrote:The decision maker will normally refuse an application if within the 10 years preceding the application the person has not been compliant with immigration requirements, including but not limited to having:
a. failed to report
b. failed to comply with any conditions imposed under the Immigration Acts
c. been detected working in the UK without permission

So if you were compliant as of the time you put in your application till you were given status? its quite confusing but I get they don't word things correctly to get people confused....Can anyone clarify when they start counting the 10 years

san2014
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Re: Any naturalisation application refused ? WHY?

Post by san2014 » Thu Apr 30, 2015 3:01 pm

CR001 wrote:
When he entered was a child.
His status is as a aslym seeker.
For the what you have stated above, I would urge you as a matter of priority, to read the link I have included below (which was already provided to you in a previous post in this thread) and in particular the letter that Amber has posted for cases such as your partners being an asylum seeker.

Does your partner have evidence or proof that he applied or was an asylum seeker or any correspondence from HO during that time?

http://www.immigrationboards.com/britis ... 84190.html

I hope that you can understand now why you need to provide as much information about the circumstances when requesting help here as if we don't know the situation, we can only advise you based on the limited information you provide and what the rules say.
Thanks for your information, appreciate your help :)

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Re: Any naturalisation application refused ? WHY?

Post by CR001 » Thu Apr 30, 2015 3:08 pm

Good luck san2014 and I am sure if you follow the advise from Amber in the link I provided, your partner might have a successful reconsideration request as a previous asylum seeker.

Please keep us updated :)
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san2014
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Re: Any naturalisation application refused ? WHY?

Post by san2014 » Thu Apr 30, 2015 3:37 pm

[quote="CR001"]Good luck san2014 and I am sure if you follow the advise from Amber in the link I provided, your partner might have a successful reconsideration request as a previous asylum seeker.

Please keep us updated :)

Thanks
I will definitely :)

Mahm256
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Re: Any naturalisation application refused ? WHY?

Post by Mahm256 » Mon Jun 08, 2015 3:44 pm

All above were wrong.

You judged san2014 partner's case without establishing the full facts. From what I have read, I believe that her partner arrived in the UK and applied for asylum, his case was delayed for years (that does not constitute to illegal stay) and also you should remember, some asylum seekers back then were granted permission to take up work.

Also still, his naturalisation application was logged in May 2014 before the good character amendments came into force in December which means, the new rules don't apply to his application. He still holds a strong case against HO. All he has to do is produce his evidence to show he applied for asylum on and was granted right to work. But this is not necessary because the new rules don't apply to him.

good luck

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Re: Any naturalisation application refused ? WHY?

Post by cs95tdg » Mon Jun 08, 2015 4:03 pm

Mahm256 wrote:Also still, his naturalisation application was logged in May 2014 before the good character amendments came into force in December which means, the new rules don't apply to his application.
This statement on its own is incorrect. While it's true that the application was made before the new rules were introduced, as stated in the rules they will still be applied to cases that were not decided at the time. We have seen a few such cases reported on this forum. Amber has created a useful sticky thread which would be worth reading.

Note that here I'm not commenting on the Asylum related points which you have raised. I believe a link was posted by CR001, which has information that would be very useful to the OP.

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