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Re: Refused British Citizenship due to being in the UK Illeg

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

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push

bintajammeh
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Re: Refused British Citizenship due to being in the UK Illeg

Post by bintajammeh » Tue Apr 28, 2015 4:16 pm

Hi Roanne15 sorry about your stress due to the 10 Year ban policy. Actually am in the same situation with you but i have not receive any respond from them since i applied on the 22 April 2015.Hope you get more info from Amber

GOOD LUCK :( :( :( :(

roanne15
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Re: Refused British Citizenship due to being in the UK Illeg

Post by roanne15 » Tue Apr 28, 2015 9:06 pm

bintajammeh wrote:Hi Roanne15 sorry about your stress due to the 10 Year ban policy. Actually am in the same situation with you but i have not receive any respond from them since i applied on the 22 April 2015.Hope you get more info from Amber

GOOD LUCK :( :( :( :(

@bintamammeh thanks for your consolation, this is when im hoping they don't rush the application until after August...When is your 10 year ban policy up?

roanne15
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Re: Refused British Citizenship due to being in the UK Illeg

Post by roanne15 » Wed Apr 29, 2015 8:35 am

I have decided to withdraw my application and wait until August 2015. I can't deal with the stress and anxiety not knowing if they will use their discretion for an application put forward 4 months before the 10 year ban is up. So I rather not take the risk. For those that responded to me to reassure me, thank you very much and good luck to all that are awaiting an outcome. Will be praying for you :)

san2014
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Re: Refused British Citizenship due to being in the UK Illeg

Post by san2014 » Wed Apr 29, 2015 1:08 pm

Hello everyone,
Quick question when this law came into force please?

secret.simon
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Re: Refused British Citizenship due to being in the UK Illeg

Post by secret.simon » Wed Apr 29, 2015 3:57 pm

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.

san2014
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Re: Refused British Citizenship due to being in the UK Illeg

Post by san2014 » Wed Apr 29, 2015 9:45 pm

Hi everyone,

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 :(

secret.simon
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Re: Refused British Citizenship due to being in the UK Illeg

Post by secret.simon » Thu Apr 30, 2015 8:56 am


pt1
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Re: Refused British Citizenship due to being in the UK Illeg

Post by pt1 » Fri May 01, 2015 2:07 pm

Hello Amber et al,
Firstly thank you for the informative posts already done. Secondly apologies for the rather long post. My query (on behalf of a friend) follows the advice given by a National Checking Centre this week that she should not send in her naturalisation application in the light of the recent changes to good character requirement. The checking centre phoned HO during her interview and then told her that she should wait until August 2017or it will be refused. The history is:

Entered UK September 2001 (direct from Somalia) with no documentation, claimed asylum within a few days but gave false name, clan etc on the advice of “friends” - got NASS support until refused in 2002: appealed, appeal denied. From then until March 2005 received accommodation and minimal support from a variety of friends, did not work, did not claim benefits, complied with reporting.
March 2005- claimed asylum again, in her real name with all other true details, except that she said she arrived in 2005 not 2001. Got NASS support for about 6 months, then when attending reporting centre was held for interview and told that they already had her fingerprints in the name she used in her 2001 claim - NASS support was withdrawn with a letter saying it was because she had claimed previously. She continue to report regularly, staying again with friends, not working, then without any further communication from HO she received a positive decision with refugee status in August 2007 (for 5 years). In 2009 she successfully got a family reunion visa for her son (then aged 14) who received refugee status in line with her leave.

In 2012 both she and her son successfully applied and received ILR. Last week they took their forms to the checking centre: informed that her son’s application was fine and sent it off. Informed that her application was all correct except that she would ( as above) fall foul of the recent good character indicators. I think they may be mistaken because: although she was here “illegally” from her failed appeal in 2001, she was here legally from April 2005 when she made her second claim. I am still surprised that they even granted her refugee status – the only reason might be that they decided to treat her second claim as a fresh representation / fresh claim. Also at that time (lAugust 2007) the HO was under a lot of pressure to clear old cases. There is ample evidence (established in her brother’s successful tribunal hearing) that HO knew she had claimed twice before they made their decision. To grant refugee status. In applying for ILR and on the naturalisation application she stated that she had formerly been known as and fingerprinted under the name she used in her first application. I think the checking centre just calculated the 10 years from the date she got refugee status rather than the date of her (eventually successful) asylum claim in 2005. Could her rather tortuous route to refugee status be construed as falling foul of immigration law / residence requirements as designated in the new requirements? We have phoned HO and been told ”the calculation starts from the time refugee status was granted.” This seems not right to me: while awaiting the outcome of a claim are you “illegal” ? They offer support and housing via AS S95 or S4.You may technically be liable for removal while reporting but especially when your asylum claim succeeds (as Amber points out I think) your residence requirements count from when HO knew about your claim. I have seen Amber’s sample letter for a reconsideration : if my friend decides to apply anyway, should we put something similar to that in the “extra information” section of AN form? But she cannot risk losing £1005

She cannot afford to pay for legal advice and anyway it seems that this particular problem may depend on decision makers not understanding their own rules (not for the first time !)

We would greatly value any comment you have to make and hope that the post may be useful for others – please say if it should have been posted elsewhere. Thank you

ryan1512lon
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Re: Refused British Citizenship due to being in the UK Illeg

Post by ryan1512lon » Mon May 04, 2015 11:33 am

The NCS was right. Your 'friend' needs to wait until August 2017.

rajo1
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Re: Refused British Citizenship due to being in the UK Illeg

Post by rajo1 » Tue May 05, 2015 4:12 am

The NCS was right. The new reinforced law stating the applicant must be in UK lawfully within the last 10 years without break. According to this poor Somali lady she was stayed UK illegally from 2001 to 2007.

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Re: Refused British Citizenship due to being in the UK Illeg

Post by chrisini77 » Tue May 05, 2015 5:00 pm

I got a letter from HO about my Naturalisation application made 4th Dec.
The letter stated where an applicant has not been compliant with the UK immigration laws in the 10 year period prior to the date of application the application will normally be refused.

They indicated i was here without a valid leave in the UK between 3 september 2010 when my leave to remain expired and i left the UK 6th August 2011 to my home country to regain entry clearance. the reason for this to happen was my application for my spouse visa 15 August 2010 this was rejected due to funds not taken from my account and got a letter on 26th November 2010 deemed invalid and was asked to reapply.

I reapplied on the 18th of Dec 2010 but got another letter on 11th Jan saying i used the wrong form. i immediately made another application using the right form in Jan received acknowledgement letter 4th of April and was sent a letter for biometrics on 6th April. On the 13th April i received a decision that my application has been refused due to the fact that i made a valid application after my leave to remain expired on the 3rd of september 2010. My wife was the one taking up all the maintenance and up keep as I had to leave my job immediately at the time.

I seeked legal advice and was finally advised to go to my home country to re apply which i did on the 6th of August 2011. So the letter is asking in order that we may give further consideration to your application please state how you were maintaining yourself in the country during this period and provide appropriate evidenceie wage slips, benefit letters, evidence of other income. please provide this information by the 18th May. Failure to send required informationby the given date will result in the application being refused. anyone please advice....thanks

vinny
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Re: Refused British Citizenship due to being in the UK Illeg

Post by vinny » Tue May 05, 2015 11:55 pm

Perhaps they may be asking you to incriminate yourself. But you did not work illegally anyway, as you quit your job and your wife was maintaining you.

Moreover, the UKBA's declaration that your application as invalid because of their failure to collect payment was considered by the courts to be an unlawful action on their part, unless they had proof that you were at fault. Therefore, all that stemmed from it should not be held against you, perhaps similar to being Fruit of the poisonous tree?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

roanne15
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Re: Refused British Citizenship due to being in the UK Illeg

Post by roanne15 » Wed May 06, 2015 10:47 am

chrisini77 wrote:I got a letter from HO about my Naturalisation application made 4th Dec.
[color=#FF0000]The letter stated where an applicant has not been compliant with the UK immigration laws in the 10 year period prior to the date of application the application will normally be refused. [/color]

They indicated i was here without a valid leave in the UK between 3 september 2010 when my leave to remain expired and i left the UK 6th August 2011 to my home country to regain entry clearance. the reason for this to happen was my application for my spouse visa 15 August 2010 this was rejected due to funds not taken from my account and got a letter on 26th November 2010 deemed invalid and was asked to reapply.

I reapplied on the 18th of Dec 2010 but got another letter on 11th Jan saying i used the wrong form. i immediately made another application using the right form in Jan received acknowledgement letter 4th of April and was sent a letter for biometrics on 6th April. On the 13th April i received a decision that my application has been refused due to the fact that i made a valid application after my leave to remain expired on the 3rd of september 2010. My wife was the one taking up all the maintenance and up keep as I had to leave my job immediately at the time.

I seeked legal advice and was finally advised to go to my home country to re apply which i did on the 6th of August 2011. So the letter is asking in order that we may give further consideration to your application please state how you were maintaining yourself in the country during this period and provide appropriate evidenceie wage slips, benefit letters, evidence of other income. please provide this information by the 18th May. Failure to send required informationby the given date will result in the application being refused. anyone please advice....thanks
chrisini77
can you confirm when they say you must reapply re not been compliant with the UK immigration laws in the 10 year period prior to the date of application the application will normally be refused...I am still trying to establish if this rule is from when you first made application or is it when you were given legal status...It does not say though you should have status..

chrisini77
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Re: Refused British Citizenship due to being in the UK Illeg

Post by chrisini77 » Thu May 07, 2015 10:33 am

Hi roanne15......the letter was referencing the policy statement stating where an applicant has not been compliant with the UK immigration laws in the 10 year period prior to the date of application the application will normally be refused....as I was here without leave from the dates I have given in my account....

roanne15
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Re: Refused British Citizenship due to being in the UK Illeg

Post by roanne15 » Thu May 07, 2015 10:58 am

chrisini77 wrote:Hi roanne15......the letter was referencing the policy statement stating where an applicant has not been compliant with the UK immigration laws in the 10 year period prior to the date of application the application will normally be refused....as I was here without leave from the dates I have given in my account....
Chrisini

I understand it now...Thanks for the clarity hope something works out for you.

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Re: Refused British Citizenship due to being in the UK Illeg

Post by gnantha » Thu May 07, 2015 2:17 pm

Thought this post could benefit some, Just received mail confirmation from Home office (after fourty five days wait) regarding my wife's illegal entry which reads,

Home office:

Thank you for the email.

It is a matter of discretion for the caseworker to exercise. If you read the information I give you on the last email it would seem that the caseworker can waive the breach as you was granted.

My Wife:

Thank for your reply.
I would be grateful if you can clarify me if on basis of newly issued good character guidance annex D that I can apply now or to wait for completion of ten years due to illegal arrival in UK.

Your prompt response is much appreciated.

Home office:(last email)

Thank you for the email and I apologise for the delay in responding.

A person who entered the United Kingdom clandestinely and presented himself without delay to the immigration authorities following arrival or was detected by the immigration authorities shortly after arrival. In either case, the maximum period involved should normally be 1 month but, if there are extenuating circumstances, it may be longer. In these cases we can waive the breach that occurred from entry until the person’s first application for leave/asylum has been finally determined, provided the application resulted in a grant of refugee status or other leave;

san2014
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Re: Refused British Citizenship due to being in the UK Illeg

Post by san2014 » Thu May 07, 2015 3:58 pm

gnantha wrote:Thought this post could benefit some, Just received mail confirmation from Home office (after fourty five days wait) regarding my wife's illegal entry which reads,

Home office:

Thank you for the email.

It is a matter of discretion for the caseworker to exercise. If you read the information I give you on the last email it would seem that the caseworker can waive the breach as you was granted.

My Wife:

Thank for your reply.
I would be grateful if you can clarify me if on basis of newly issued good character guidance annex D that I can apply now or to wait for completion of ten years due to illegal arrival in UK.

Your prompt response is much appreciated.

Home office:(last email)

Thank you for the email and I apologise for the delay in responding.

A person who entered the United Kingdom clandestinely and presented himself without delay to the immigration authorities following arrival or was detected by the immigration authorities shortly after arrival. In either case, the maximum period involved should normally be 1 month but, if there are extenuating circumstances, it may be longer. In these cases we can waive the breach that occurred from entry until the person’s first application for leave/asylum has been finally determined, provided the application resulted in a grant of refugee status or other leave;
Hello gnantha,
Would you mind to say how do you contact the caseworker please?

Thanks

gnantha
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Re: Refused British Citizenship due to being in the UK Illeg

Post by gnantha » Thu May 07, 2015 4:56 pm

Not at all, this one from home office is in response to the enquiry made by my wife to FurtherNationalityEnquiries@homeoffice.gsi.gov.uk

hope above answered your question.

san2014
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Re: Refused British Citizenship due to being in the UK Illeg

Post by san2014 » Thu May 07, 2015 5:16 pm

gnantha wrote:Not at all, this one from home office is in response to the enquiry made by my wife to FurtherNationalityEnquiries@homeoffice.gsi.gov.uk

hope above answered your question.
Thanks a lot

bintajammeh
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Re: Refused British Citizenship due to being in the UK Illeg

Post by bintajammeh » Tue May 19, 2015 7:47 pm

bintajammeh wrote:Application Timeline
Eligibility criteria:5 yrs Humaniterian protection + 1yr ILR
Nationality: Gmb
Method of Application: NSC
English Qualification: Life in the uk and Esol B3
Date of application sent: 22 April 2015
Date receive by ukba : 23 April 2015
Date of Debit Fees : waiting
Date of receive of acknowledgement: waiting
Date receive of Approval: waiting

From my understanding from this platform, i can certainly say that am going be to refuse citizenship because i entered legally then became illegal for few months and thats why am concern that my application will be decline sadly.

Home office has debited my account on monday the 18th of may 2015,i received acknowledgement today by email.The letter states my application will be process within 6 months but if there are any changes they will notify me:

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