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Unsuccessful applications

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Amber
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Re: Unsuccessful applications

Post by Amber » Sun Jan 05, 2014 7:07 am

It's actually spouse or civil partner of a British citizen, for a section 6(2) application, the spouse or civil partner must be British.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

batall
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naturalisation

Post by batall » Tue Feb 11, 2014 10:43 pm

Pls My wife preparing to apply for naturalisation but her Previous English certificate (ESOL from Trinity College) has expired now. Does she need to retake a test again or can she use the expired one?

Thank you for you help

royh
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Re: naturalisation

Post by royh » Thu Feb 20, 2014 12:27 am

batall wrote:Pls My wife preparing to apply for naturalisation but her Previous English certificate (ESOL from Trinity College) has expired now. Does she need to retake a test again or can she use the expired one?

Thank you for you help
http://www.immigrationboards.com/britis ... ml#p939158

omi85
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Re: Unsuccessful applications

Post by omi85 » Thu Feb 27, 2014 12:14 pm

Hi guys,

I have applied for naturalisation on 28th of October 2013 and have received acknowledgment from HO on 9th of Jan 2014.

I called the HO yesterday to check the status of my application and was told it was still under process.

I had my schengen visa rejected by Switzerland couple of years back, I never appealed it as other things came up.

Then I applied for a visa for Italy last year and it got rejected automatically due to the fact that Switzerland had rejected me the year before. I didn't realise at the time of the first rejection that this would be the case, otherwise would have definitely appealed it.

Now my question to experienced members is that, do you think this affects badly towards my naturalisation application ?

I have had a number a of successful schengen visas application before the rejection from Switzerland, mainly for Italy and France.

I do not have any CCJs, FPNs or even been stopped by the police ever.

I would really appreciate your experienced advise on this.

Thanks in advacne,

Omi

milan69
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Re: Unsuccessful applications

Post by milan69 » Fri Feb 28, 2014 9:20 am

I beleieve schengen visa refusal or approval has nothing to do with application for naturalization and therefore it shouldn't be subject to consideration at all.
I am sometimes wrong.

omi85
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Re: Unsuccessful applications

Post by omi85 » Fri Feb 28, 2014 1:35 pm

milan69 wrote:I beleieve schengen visa refusal or approval has nothing to do with application for naturalization and therefore it shouldn't be subject to consideration at all.
thanks Milan69 and I hope you are right mate...

nee901
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Re: Unsuccessful applications

Post by nee901 » Sat Mar 01, 2014 3:52 am

I have recently applied for naturalisation and was rejected because I had not applied for Indefinite Leave to Remain. In my research I hadn't realised I had needed it as I thought I had met the settlement requirements; I had lived in the UK for almost 10 years. Since my application refusal I have had to go back to my home country because my LR was expired and apply for another Visa which was then deemed unsuccessful. I'm not sure why yet as I just found out today. I wish that I had found these boards before I had my applications as the guidance I used was not clear.

collipu
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Re: Unsuccessful applications

Post by collipu » Mon Mar 03, 2014 12:37 pm

nee901 wrote:I have recently applied for naturalisation and was rejected because I had not applied for Indefinite Leave to Remain. In my research I hadn't realised I had needed it as I thought I had met the settlement requirements; I had lived in the UK for almost 10 years. Since my application refusal I have had to go back to my home country because my LR was expired and apply for another Visa which was then deemed unsuccessful. I'm not sure why yet as I just found out today. I wish that I had found these boards before I had my applications as the guidance I used was not clear.
Normal route is ILR, then 12 months and then naturalisation.

Turkishenquirer1
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Re: Unsuccessful applications

Post by Turkishenquirer1 » Wed Mar 19, 2014 3:43 pm

Hi all,

My Wife has just been refused UK Citizenship - regarding the new requirement for the ESOL English qualification.

She applied on the basis that she already has a previous English qualification in place, which shows the required level of English and is also registered on the OFQUAL register. All seemed to fit criteria at the time of application, which we spent much time on to ensure that all was in place.

However, it turns out that my Wife's qualification is not an ESOL approved - the Home Office pointed this out via post and requested that the correct qualification papers be in place within circa 2 weeks.

We wrote back twice to explain the mistake and that we have already booked a recognised IELTS exam, the venue and date it was booked for and the fact that we have paid for this exam - basically, "sorry, we now understand that this qualification is not suitable for this application and we are trying to put this right ASAP - could we please request an extension".

The next letter we received was to tell her that her application was unsuccessful, they would refund £80 (ceremony fee) and if we want to appeal, that would cost an additional £80.

This has obviously caused a great deal of stress (financial and emotional), particularly as the IELTS qualification is the only aspect between her obtaining her UK naturalisation.

The issue is that the Home Office are not willing to give an extension, which seems very unfair - of course it is in their best interest to try and get another fresh application out of us and therefore a lot more money.

Does anyone know our chances of success if we were to appeal? On the basis that they ignored our request for a reasonable extension and detailed that the exam was booked and paid for?

Or anyone out there who has been in a similar situation and could share experience or provide informal advice?

Any help would be much appreciated!

ouflak1
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Re: Unsuccessful applications

Post by ouflak1 » Tue Apr 01, 2014 11:19 am

*double post*
Last edited by ouflak1 on Tue Apr 01, 2014 11:21 am, edited 1 time in total.

ouflak1
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Re: Unsuccessful applications

Post by ouflak1 » Tue Apr 01, 2014 11:20 am

nee901 wrote:I have recently applied for naturalisation and was rejected because I had not applied for Indefinite Leave to Remain. In my research I hadn't realised I had needed it as I thought I had met the settlement requirements; I had lived in the UK for almost 10 years. Since my application refusal I have had to go back to my home country because my LR was expired and apply for another Visa which was then deemed unsuccessful. I'm not sure why yet as I just found out today. I wish that I had found these boards before I had my applications as the guidance I used was not clear.
nee901,

Did your total legal stay in the UK actually make it to 10 years? Because if it did, and you can prove that thoroughly, you can still apply for ILR based on that stay. You just to be in the country to make the application (and stay in whilst the application is decided) and have met the residency and other requirements for that visa. There is no time limit on this that I'm aware of.

AlexClark75
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Re: Refused , the caseworker no read all docummentation, ?

Post by AlexClark75 » Thu Apr 10, 2014 1:53 pm

Hello, Sorry back in time with this post.

Just let you know after my reconsideration, application has been successful.. Great Day :D ...

Advise: If someone got their application refused, and feel is a Home Office mistake, apply for reconsideration.. that take some time, but in my case was success ... .

Best luck to everybody

ALEX

AlexClark75 wrote:Hello: unfortunately my application has been refused .. but there some point they made mistakes. ( Sorry this is long post )

I'm EEA national, arrive to UK on 1/08/2006 - 6 years and 9 months when applied.

come live with a friend, made some work of weeks, but later apply to JSA on February 2007. been on JSA till July 2007 when starting work.. been worked till 30/08/2007 and the company took a gap.. that mean, no work in September 2007 - however back again to work with them on October 2007 till February 2008 - after that 15/02/2008 apply again to JSA till end of june 2008 where starting work with another company.. unfortunately that company keep me for 1 month, and back again to JSA till october 2008 .

After that till October 2010. become self sufficient , send to them the proof of my bank account and credit cards. been here all that time...

On October 2010 become self employed, where show my tax etc etc..is not problem from that. --

complete the form AN and send to them all paperwork I have, payslips, P45, bank accounts, inclusive the payroll of the company who worked till February 2008. everything... and my JSA paperwork, etc ...

The letter arrive today with all my paperwork, passport and this letter
--------------------------
On your application form you stated that you worked for Argos from 07/2007 to 02/2008 the documentary evidence you produced showed the earliest payslip was dated 08/07/2007 , however a p45 from that company is dated 30/08/2007 and not your claimed date February 2008 - ( CANT BELIEVE, THEY HAVE THE PAYROLL AND PAYSLIP WORK WITH THEM FROM JULY TO END AUGUST , AND BACK IN OCTOBER TILL FEBRUARY - )

Whilst I am satisfied that you were self sufficient from September 2008 to October 2010 you have not demonstrate that you held appropriate medical insurance during this period - ( I WROTE A LETTER, EXPLAIN HAD EHIC CARD AND HAS BEEN LOST, CLAIM ON SPANISH GOVERNMENT FOR A PROOF AND NEVER COME BACK ) -

As you have not demonstrated that you have been exercising your treaty rights for continuous period of 5 years, your application has been refused -

NOW .. how cannot demonstrate ? show to them been here for 6 years and 9 months, never leave the country, only for holidays and max. 30 days... show my bank accounts, credits cards .. inclusive my payroll .. on that period why they say .. im liar.. if is true working till February 2008 ( proof all payroll and inclusive paid my NI contributions... all that time

Don't know if appeal, or ask to solicitor... is a lot disappointed they refused because cannot proof my medical insurance .. ? if worked from 2007 had/have NHS card and GP if stop work, and no claim JSA need sickness insurance ?

Any advice welcome, and sorry for the long post...

Alex

omi85
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Re: Unsuccessful applications

Post by omi85 » Mon Apr 14, 2014 5:11 pm

omi85 wrote:Hi guys,

I have applied for naturalisation on 28th of October 2013 and have received acknowledgment from HO on 9th of Jan 2014.

I called the HO yesterday to check the status of my application and was told it was still under process.

I had my schengen visa rejected by Switzerland couple of years back, I never appealed it as other things came up.

Then I applied for a visa for Italy last year and it got rejected automatically due to the fact that Switzerland had rejected me the year before. I didn't realise at the time of the first rejection that this would be the case, otherwise would have definitely appealed it.

Now my question to experienced members is that, do you think this affects badly towards my naturalisation application ?

I have had a number a of successful schengen visas application before the rejection from Switzerland, mainly for Italy and France.

I do not have any CCJs, FPNs or even been stopped by the police ever.

I would really appreciate your experienced advise on this.

Thanks in advacne,

Omi
Update:

Me and my wife were invited to attend an interview in Liverpool and asked to bring our cohabitation documents (originals) to help decide my application. I received the approval letter on 11-04-2014 (dated 09-04-2014)

jeeth
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Re: Unsuccessful applications

Post by jeeth » Mon May 12, 2014 12:12 am

Turkishenquirer1 wrote:Hi all,

My Wife has just been refused UK Citizenship - regarding the new requirement for the ESOL English qualification.

She applied on the basis that she already has a previous English qualification in place, which shows the required level of English and is also registered on the OFQUAL register. All seemed to fit criteria at the time of application, which we spent much time on to ensure that all was in place.

However, it turns out that my Wife's qualification is not an ESOL approved - the Home Office pointed this out via post and requested that the correct qualification papers be in place within circa 2 weeks.

We wrote back twice to explain the mistake and that we have already booked a recognised IELTS exam, the venue and date it was booked for and the fact that we have paid for this exam - basically, "sorry, we now understand that this qualification is not suitable for this application and we are trying to put this right ASAP - could we please request an extension".

The next letter we received was to tell her that her application was unsuccessful, they would refund £80 (ceremony fee) and if we want to appeal, that would cost an additional £80.

This has obviously caused a great deal of stress (financial and emotional), particularly as the IELTS qualification is the only aspect between her obtaining her UK naturalisation.

The issue is that the Home Office are not willing to give an extension, which seems very unfair - of course it is in their best interest to try and get another fresh application out of us and therefore a lot more money.

Does anyone know our chances of success if we were to appeal? On the basis that they ignored our request for a reasonable extension and detailed that the exam was booked and paid for?

Or anyone out there who has been in a similar situation and could share experience or provide informal advice?

Any help would be much appreciated!

What document did you submit to meet English Language requirement? I think the original degree certificate and PBS print out should be fine to prove the English lang. requirement. In PBS, you should earn 10 point for English lang. If thats there then it's good enough.

Turkishenquirer1
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Posts: 6
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Re: Unsuccessful applications

Post by Turkishenquirer1 » Mon May 12, 2014 9:07 am

Hi Jeeth,

Thanks for the reply, her original certificate was an Adexcel English course, passed at level 3 at our local college around 4 years ago and recognised on the OFQUAL register, but refused as not ESOL approved.

She sat the IELTS course at the weekend, a few weeks to wait for the results, then we will appeal the decision based on not allowing a reasonable amount of time to get the appropriate paperwork in place.

What was interesting is that my Wife spoke with someone else who was taking the IELTS for citizenship, was in the same situation but apparently had pushed a lot harder and was granted a more reasonable extension, rather than the 1 week (approx.) extension that we were granted, hopefully the appeal will be successful.

akash08
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Re: Unsuccessful applications

Post by akash08 » Fri May 16, 2014 9:33 pm

Turkishenquirer1 wrote:Hi Jeeth,

Thanks for the reply, her original certificate was an Adexcel English course, passed at level 3 at our local college around 4 years ago and recognised on the OFQUAL register, but refused as not ESOL approved.

She sat the IELTS course at the weekend, a few weeks to wait for the results, then we will appeal the decision based on not allowing a reasonable amount of time to get the appropriate paperwork in place.

What was interesting is that my Wife spoke with someone else who was taking the IELTS for citizenship, was in the same situation but apparently had pushed a lot harder and was granted a more reasonable extension, rather than the 1 week (approx.) extension that we were granted, hopefully the appeal will be successful.

People have been given longer extension. I think you clearly made a mistake by saying your wife is
going to appear for the exam, it does not guarantee she will pass. Sitting in the exam is not thw criteria, passing is. UKBA would interpret it as she does not have the necessary proof. I think you should have simply bought time by arguing keeping communication open and by the time she would have passed it and you could have sent it. Honest disclosure always does not help. I know one case where the guy kept writing to UKBA for. 2 months, it all depends on the ground.

boiboi
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Re: Unsuccessful applications

Post by boiboi » Wed May 21, 2014 2:48 pm

I'm in similar situation. I have received a letter from the Home Office requesting that I provide this evidence of the level of English language required by 05/06/2014. There are no test dates for any of these exams where I will get my results in time for sending off to the Home Office. I however applied through UK NARIC for them to provide me with a statement of comparability and an English Language Assessment that my course was taught in English. I have received the Comparability Assessment letter but they cannot let me have the English Assessment until after 05/06/2014 (the Home Office deadline).

The problem is I have written to the Home Office to inform them about this situation (by e-mail) only yesterday and I also requested an extension. I haven't heard back from them anyway.

I intend to send the Statement of Comparability first and then the English Assessment as and when I receive it.

Anyone here with any views.... :?:

hawin00
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Re: Unsuccessful applications

Post by hawin00 » Thu May 22, 2014 7:22 am

Hi I don't know how to create a post can somebody help my husbands visa has just been wrongfully refused on the basis that he didn't pass English exam when he passed Cambridge a1 at level a2 KET. How can I post please
thanks

AlexClark75
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Location: Somerset

Re: Unsuccessful applications

Post by AlexClark75 » Thu May 22, 2014 8:29 am

hawin00 wrote:Hi I don't know how to create a post can somebody help my husbands visa has just been wrongfully refused on the basis that he didn't pass English exam when he passed Cambridge a1 at level a2 KET. How can I post please
thanks
That was not my case, when my application has been refused wrongly by mistakes of Home Office, the only way are you must apply for reconsideration, explain very well what happen and send on the reconsideration the certificate show him pass the Cambridge level a1 ..

my reconsideration took 7 months, but was successful

hawin00
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Re: Unsuccessful applications

Post by hawin00 » Thu May 22, 2014 9:11 am

Thanks for replying. I didn't know there was a way of them reconsidering. I have asked the MP to investigate as she was aware of the application as did us a letter of support. She has asked them to investigate. Also I have raised 2 formal complaints one to ECM Istanbul and 1 to Croydon. I have also appealed. I cant believe you waited 7 months for there mistake to be corrected. How is this legal? its awful!

etoklem
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Re: Unsuccessful applications

Post by etoklem » Thu May 22, 2014 2:05 pm

by boiboi » Wed May 21, 2014 2:48 pm

I'm in similar situation. I have received a letter from the Home Office requesting that I provide this evidence of the level of English language required by 05/06/2014. There are no test dates for any of these exams where I will get my results in time for sending off to the Home Office. I however applied through UK NARIC for them to provide me with a statement of comparability and an English Language Assessment that my course was taught in English. I have received the Comparability Assessment letter but they cannot let me have the English Assessment until after 05/06/2014 (the Home Office deadline).

The problem is I have written to the Home Office to inform them about this situation (by e-mail) only yesterday and I also requested an extension. I haven't heard back from them anyway.

I intend to send the Statement of Comparability first and then the English Assessment as and when I receive it.

Anyone here with any views.... :?:
I had a similar letter from HO asking for UK Naric English Language Assessment. Naric takes over 2 weeks or more to provide a ELA.
So I sent a covering letter to HO and explained to them by referring to many of their own web pages that ELA might not be required in my case.

I sent
1. Orig UK NARIC SOC
2. Orig Uni letter stating degree taught in english
3. Orig Uni certificate
4. PBS printout showing 30 points for degree + 10 points for English

Mine was approved based on above in the next 10 days or so.

Eventually I got my ELA from UK Naric and sent HO that too just in case - they have returned it to me promptly.

boiboi
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Re: Unsuccessful applications

Post by boiboi » Thu May 22, 2014 2:56 pm

How am I able to assess the PBS on the UKBA website? Do you think my academic transcript will suffice in lieu of a letter from the university? I intend to send my certificate, transcript, the SOC from UK Naric and then the english language assesmnet when it arrives later on.
What do you think?

AlexClark75
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Location: Somerset

Re: Unsuccessful applications

Post by AlexClark75 » Fri May 23, 2014 9:05 am

hawin00 wrote:Thanks for replying. I didn't know there was a way of them reconsidering. I have asked the MP to investigate as she was aware of the application as did us a letter of support. She has asked them to investigate. Also I have raised 2 formal complaints one to ECM Istanbul and 1 to Croydon. I have also appealed. I cant believe you waited 7 months for there mistake to be corrected. How is this legal? its awful!

I don't know if is legal or not ... but really frustrating, I wrote a post last July about this.. The caseworker, no just ignore the e-mails I sent, also sent a letter explain step by step.. and my payslip all dates... inclusive warning my name was incorrect.

I'm assume her never read all paperwork properly and refuse my application without sense.

Fortunately the next person took my reconsideration was able to understood and read all information...

As request before my name was incorrect, on the ceremony letter still come incorrect.. that prove they not read all info carefully... I got my ceremony just a year after applied .. for their mistakes..

hawin00
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Re: Unsuccessful applications

Post by hawin00 » Fri May 23, 2014 5:13 pm

So how long did it take for them to reconsider? Not a year surely? It's soooooo frustrating my husband passed the exam from a provider listed on there website had it been said the certificate was required we would have sent now we suffer as a consequence and pay more money to the ukba for appeal which my legal representative says would never stand in court!! No refund gets given if and when they do overturn too

AlexClark75
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Location: Somerset

Re: Unsuccessful applications

Post by AlexClark75 » Fri May 23, 2014 8:41 pm

hawin00 wrote:So how long did it take for them to reconsider? Not a year surely? It's soooooo frustrating my husband passed the exam from a provider listed on there website had it been said the certificate was required we would have sent now we suffer as a consequence and pay more money to the ukba for appeal which my legal representative says would never stand in court!! No refund gets given if and when they do overturn too

When Applied on 12/05/2013 was no necessary English qualification, just life in the UK, is for that reason cannot give you advise about your problem.

Just remember they refund me £ 80 of £ 870 paid . ( £ 80 of ceremony ) when applied reconsideration paid again £ 80 .

If the reconsideration is success , then they use the money for your ceremony, if not success they keep the money as well.

Remember UKBA is all about money..

Before apply to reconsideration recommend you work hard on the letter and proof attach in the reconsideration to convince them and get success..

You must give detail all step by step .. same if you talk with a child of 5 years old.

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