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Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

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

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Shikdar130
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Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Shikdar130 » Mon Jul 16, 2018 11:42 am

Hi All,

I applied for my British citizenship(naturalisation). Through NCS 02/02/2018 . I received refusal letter in April 2018 due to my good character 2013 March breach the employment conditions work more than 20 hours . This case was in court 2 times judge allow my appeal and it clearly mention in the decision paper I didn’t work more than 20 hrs also evidence such as payslip, rota , bank statements provided that time. When I apply for my British citizenship I also told my NCS agent I want to provide covering letter and court decisions papers , she replied no “if they(home office) need it they will ask for it.”but now because of that ho refuse my case and ask for reconsideration apply. I collect a cover letter from my barrister and my decisions letter send to home office end of April 2018. It still middle of July I haven’t received any response from ho. They didn’t update their records , in the refusal letter they says their records shows about I work more than 20 hrs . But they didn’t update the judge decisions letter.

Any body has any idea how long it takes to get decisions from home office and any help you could do for me.

Many thanks .

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CR001
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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by CR001 » Mon Jul 16, 2018 12:02 pm

This case was in court 2 times judge allow my appeal and it clearly mention in the decision paper I didn’t work more than 20 hrs also evidence such as payslip, rota , bank statements provided that time.
What application is this referring to that you appealed?? What is your immigration history, including dates of visa start and expiry etc?
I collect a cover letter from my barrister and my decisions letter send to home office end of April 2018. It still middle of July I haven’t received any response from ho. They didn’t update their records , in the refusal letter they says their records shows about I work more than 20 hrs . But they didn’t update the judge decisions letter.

There is no set time limit for HO to do reconsideration requests. You will need to wait to hear back.
Char (CR001 not Casa)
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Shikdar130
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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Shikdar130 » Mon Jul 16, 2018 11:07 pm

When I applied for my Indefinite Leave to Remain(ILR) HO refuse application and bring back to the case of 2013 breach of employment conditions and in the last court hearing detail discussion was made and evidence was provided then judge gave decisions and clearly mentioned no breached of employment conditions and also all application was made on time , there is no gap. My immagration history is given bellow:-

Start date. Visa status. Expery date
20-09-2004. Student. 31-10-2006
25-09-2004 came in the UK
10-11-2006. Student. 30-11-2007
14-11-2007. Student. 30-11-2008
12-11-2008. Student. 31-10-2009
05-10-2009. Post study work(PSW) 05-10-2011
01-07-2011. Student. 26-10-2014
21-03-2013 temporary admission given went to court
And consent order made 25-07-2013.
29-08-2014 ILR application made and refused on 14-01-2015.
27-05-2015 Judge X allow my appeal.
27-10-2016 Judge Y allow my appeal
23-11-2016 Indefinite Leave to Remain(ILR) granted 31-12-2024.
02-02-2018 British Citizenship application made 17-03-2018 refused.
10-04-2018 Reconsider application made with 2 court decesion letter and cover letter.

Here I am living with my family. My 2 kids born in the UK both got their British Passport.

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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Archer1 » Wed Jul 18, 2018 8:36 am

Shikdar130 wrote:
Mon Jul 16, 2018 11:42 am
Hi All,

I applied for my British citizenship(naturalisation). Through NCS 02/02/2018 . I received refusal letter in April 2018 due to my good character 2013 March breach the employment conditions work more than 20 hours . This case was in court 2 times judge allow my appeal and it clearly mention in the decision paper I didn’t work more than 20 hrs also evidence such as payslip, rota , bank statements provided that time. When I apply for my British citizenship I also told my NCS agent I want to provide covering letter and court decisions papers , she replied no “if they(home office) need it they will ask for it.”but now because of that ho refuse my case and ask for reconsideration apply. I collect a cover letter from my barrister and my decisions letter send to home office end of April 2018. It still middle of July I haven’t received any response from ho. They didn’t update their records , in the refusal letter they says their records shows about I work more than 20 hrs . But they didn’t update the judge decisions letter.

Any body has any idea how long it takes to get decisions from home office and any help you could do for me.

Many thanks .

Hi there,
If you dont mind , could you share the exact wording of your refusal letter please, ty.
Regards,
__A

Shikdar130
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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Shikdar130 » Wed Jul 18, 2018 12:17 pm

Dear Mr xxxxx
Your application for British citizenship has been refused.
The reasons for this decision are set out on the next page.
You may apply for reconsideration of our decision if you believe it was not soundly based on nationality law policy or our procedures. Instructions on how to do so can be found under the next steps section of this letter.


Your sincerely
Signature of case worker.



Reason for decision:


Your application has been refused for the following

reasons :

I refer to your application for naturalisation as a British citizenship is that the applicant is of good character. ‘Good character ‘ is not defined in the British Nationality Act 1981 but the applicant is expected to have shown due regard for the laws of this country. Where an applicant has not been compliant with immigration laws in the ten year period prior to the date of an application will normally be refused.

This is explained in Booklet AN which accompanies the application form for naturalisation and in the Home Office staff instructions published on GOV. UK

Our records shows you were encountered by our arrest. Team at your place of work on 19th March 2013 and evidence was found that you had been working in excess of your permitted 20 hrs per week during term time. You therefore breached the conditions of your leave contrary to S.10(1)(a) Of the IAA 1999 and your leave to remain that was due to expire 26th October 2014 was cancelled. Your application has therefore been refused.

You have applied for a British citizenship at the same time as making a British citizenship application at your Nationality Checking Service(NCS) appointment. As your application for British citizenship has been refused, your application for British citizen passport is also refused.

It is open to you to re-apply for citizenship at any time but an application made before 23 November 2026 is unlikely to succeed. Before submitting a further application for citizenship you should ensure that you meet all of the requirements.

As explained in our schedule of fees, the application fee for British citizenship is not refundable and has been retained to cover the cost of handling and processing your application.

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.

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

Form NR can be obtained from :www. Gov. Uk.,,,,
The current fee for reconsideration can be found at : www. Gov.uk..,,

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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Archer1 » Wed Jul 18, 2018 4:03 pm

Hi there,
Sad to know that but don't worry if you been cleared at that time and as you stated you have a proof (Court document), I suggest you to do reconsideration and file that document along with explanation and you will get it. Am not sure but presume, when the case worker have had opened your file he might had read only those comments regarding your arrest and took the decision before going any further. This is not authentic reason but could be its only my thought.

Regards,
__A

Shikdar130
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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Shikdar130 » Thu Nov 29, 2018 11:11 am

i received letter from manage migration support team on 11-10-2018  to process an application for a British passport  they ask to complete and return the enclosed passport application form along with two passport photographs using the enclosed address label and also mentioned not to required to obtain a counter signatory on my application and no fee is payable. I send the application form along with two passport photographs and a copy of the letter on 11-10-2018 by recorded delivery Ref :- Xxxxxxxx which was received by UKBA Person name xxxx on 12-10-2018 at 09:51 and also received on 25-11-2018 message from HM Passport saying “we will contact you by 15/11 if more info or interview is required. Do no book travel until your passport is received.
On 16th November received a phone call from Nationality reconsideration team ask to fill up the passport application form and send it. I said I already send the passport application form on 11-10-2018 and was received by UKBA the person name , time and date of the signature person(post office Tracker)and also I informed her about the txt message from HM Passport office, ask her if Passport office didn’t received the application form how they send the txt message ? Then she said ok if you send me the Ref no:- then I will have a look. I already send her all copy of receipt ,letter from manage migration support team ,text message from HM Passport, signature of the person,But still I haven’t received anything yet. 10months gone since I applied.how long it takes? Could you please tell me anything I can do?
 

Shikdar130
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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Shikdar130 » Thu Nov 29, 2018 12:02 pm

Shikdar130 wrote:
Thu Nov 29, 2018 11:11 am
i received letter from manage migration support team on 11-10-2018  to process an application for a British passport  they ask to complete and return the enclosed passport application form along with two passport photographs using the enclosed address label and also mentioned not to required to obtain a counter signatory on my application and no fee is payable. I send the application form along with two passport photographs and a copy of the letter on 11-10-2018 by recorded delivery Ref :- Xxxxxxxx which was received by UKBA Person name xxxx on 12-10-2018 at 09:51 and also received on 25-10-2018 message from HM Passport saying “we will contact you by 15/11 if more info or interview is required. Do no book travel until your passport is received.
On 16th November received a phone call from Nationality reconsideration team ask to fill up the passport application form and send it. I said I already send the passport application form on 11-10-2018 and was received by UKBA the person name , time and date of the signature person(post office Tracker)and also I informed her about the txt message from HM Passport office, ask her if Passport office didn’t received the application form how they send the txt message ? Then she said ok if you send me the Ref no:- then I will have a look. I already send her all copy of receipt ,letter from manage migration support team ,text message from HM Passport, signature of the person,But still I haven’t received anything yet. 10months gone since I applied.how long it takes? Could you please tell me anything I can do?
 

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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Djsuccess » Sat Dec 01, 2018 4:22 pm

Shikdar130 wrote:
Thu Nov 29, 2018 11:11 am
i received letter from manage migration support team on 11-10-2018  to process an application for a British passport  they ask to complete and return the enclosed passport application form along with two passport photographs using the enclosed address label and also mentioned not to required to obtain a counter signatory on my application and no fee is payable. I send the application form along with two passport photographs and a copy of the letter on 11-10-2018 by recorded delivery Ref :- Xxxxxxxx which was received by UKBA Person name xxxx on 12-10-2018 at 09:51 and also received on 25-11-2018 message from HM Passport saying “we will contact you by 15/11 if more info or interview is required. Do no book travel until your passport is received.
On 16th November received a phone call from Nationality reconsideration team ask to fill up the passport application form and send it. I said I already send the passport application form on 11-10-2018 and was received by UKBA the person name , time and date of the signature person(post office Tracker)and also I informed her about the txt message from HM Passport office, ask her if Passport office didn’t received the application form how they send the txt message ? Then she said ok if you send me the Ref no:- then I will have a look. I already send her all copy of receipt ,letter from manage migration support team ,text message from HM Passport, signature of the person,But still I haven’t received anything yet. 10months gone since I applied.how long it takes? Could you please tell me anything I can do?
 
From the update you have provided, it appears your application reconsideration is successful and should be getting your approval soon. I know the waiting is long. Hopefully, you will get a good news soon.
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Paulke » Sun Dec 02, 2018 2:22 pm

Hi Shikdar130

Your reconsideration application will be approved ,is looking like a case works did not get a requests documents on temps be patient. 100% you will get Good outcome soon. I have read where in this forum someone who been in the same processes .

My question is ,did you apply British citizenship naturalization with passport at the same time in the first place?

Shikdar130
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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Shikdar130 » Mon Dec 03, 2018 10:24 am

Yes I have applied both together.....many many thanks for the reply.

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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Paulke » Mon Dec 03, 2018 3:24 pm

Hi Shikdar130 thanks for your reply.
I am in same situation.

My application for naturalization was refused 05/2018.
Apply for reconsideration 07/2018.
Received a letter from migration management support team 11/2018.


I can confirm that your reconsideration application have been received

All reconsideration applications are taken in date order but we are unable to give you a time frame on the application being completed. We will contact you when a decision will be reached.
Still waiting!!!

Did you received any knowledge letter from HO ?

Shikdar130
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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Shikdar130 » Wed Dec 05, 2018 9:34 am

That letter I already received on 07/2018. After that 10/2018 letter manage migration support team says that “you should note that a British Passport cannot be issued unless and until your application for British citizenship has been approved and you have received a certificate of naturalisation or registration as a British Citizen.” And also send me a passport application form ask with two passport photographs enclosed with the address I already send 10/2018 and also received text message from HM Passport office 10/2018. But still I am waiting.i don’t know I long I have to wait for my passport? No body will understand the pain of waiting.

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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Paulke » Wed Dec 05, 2018 9:41 pm

I know isn't easy but you have try focus on something else the out come is positive.

From that stage ( first letter you have received from migration and management support team is all way take maximum 2months to get the decision in most of a case)

By experience The British citizenship application at your Nationality Checking Service(NCS) all way delay a passport compared to someone how applying after approved.

Please update me if you have a news.
Hopefully very soon

Regards

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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Paulke » Mon Dec 17, 2018 2:40 pm

Hi Shikdar130

Any news from a home office

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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Paulke » Sat Dec 22, 2018 3:06 pm

Just received my British citizenship today my reconsideration application been successfully and which you guys a good luck to all of you are waiting for decision. Never ever give of if you think somethings is wrong somewhere. !!!!!!!!!!!!!!!!!!! Good luck. !!!!!!!!!!!!!!!!!!

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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Shikdar130 » Thu Jan 31, 2019 1:48 pm

Hi all,

I got my British citizenship on 14th January 2019 and got my British passport on 23th January.now I need to apply for my wife ILR. She is in this country for more than 10years.thinking to apply with a cover letter and court letter because she is my dependent and her name is already in the court letter. Anything I can do for hassle
Free? Any suggestions? Many thanks you all for your support, advise and nice wish.

Many thanks

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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Paulke » Thu Jan 31, 2019 2:23 pm

Congratulations to you everything is behind you now.
Well done .

Can you break down her immigration history first .
Thanks you

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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Paulke » Wed Mar 13, 2019 4:48 am

I have my British ceremony on 04/03/19.
the home just refund my money for reconsideration of my British naturalization application £ 292 after realising their made a mistake on my application . Is it possible possible to ask compensation?

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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by Shikdar130 » Fri Sep 06, 2019 5:46 pm

Hi all,

I got my British citizenship on 14th January 2019 and got my British passport on 23th January.now I need to apply for my wife ILR. She is in this country for more than 10years.thinking to apply with a cover letter and court letter because she is my dependent and her name is already in the court letter. Anything I can do for hassle
Free? Any suggestions? Many thanks you all for your support, advise and nice wish.


Many Thanks

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Re: Citizenship Refused - breach of visa conditions - previous judges decision for appeal in 2013

Post by CR001 » Fri Sep 06, 2019 5:56 pm

Shikdar130 wrote:
Fri Sep 06, 2019 5:46 pm
Hi all,

I got my British citizenship on 14th January 2019 and got my British passport on 23th January.now I need to apply for my wife ILR. She is in this country for more than 10years.thinking to apply with a cover letter and court letter because she is my dependent and her name is already in the court letter. Anything I can do for hassle
Free? Any suggestions? Many thanks you all for your support, advise and nice wish.


Many Thanks
Please do not post ilr questions in a citizenship topic or the British citizenship sub forum. It is not relevant to this sub forum.

Your post earlier today was split and moved to the ilr sub forum where you have already received a response!!!

indefinite-leave-to-remain/wife-ilr-lr- ... l#p1822397
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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