- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
Immigration, work visa and work permit discussion board
ESC
Welcome to immigrationboards.com!
Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha
Yes it is the same. No special treatment simply because your spouse is British.
There are two scenarios. See Q14A in the link below.Dig100 wrote: ↑Sat Nov 11, 2017 3:26 pmThere appears to be inconsistent decision making in relation to when the 10 year ban starts from. Does it start from the point at when an immigration breach occurs or or does it start from when an applicant secures settled status having previously committed a breach? The Guidance doesn’t have the answer and this has produced inconsistent decision-making with some refusals advising of bans based on the former date and other refusals taking the settlement date as the start of the 10 year clock.
Hi,A110UK wrote: ↑Thu Oct 19, 2017 9:34 pmDear all,
Today’s been a very difficult day for me as this morning my BC application got rejected after nearly 5 month of waiting time. Here is my story, followed by HO’s reasons for rejection:
I arrived to UK in 2000 as an asylum, while I was waiting for a repose from the HO, a solicitor helped me to get work permission. I received the work permission from the HO in 2003 (It’s a card named IND Application Registration card), and there is no expiry date on the card, with this work permission card, I could apply for the National Insurance Number. This allowed me working in the UK legally.
My application for asylum got rejected a while after. After this, I made a fresh application via a solicitor, at some point after, the HO asked for some documents which I posted to them. In the meantime, HO asked me present at a police station on a weekly basis to keep track, and Finally, In Nov 2009, I received the ILR from the HO starting you are getting the ILR as a result of long residency.
Today received the rejection with following reasons:
- For the period July 2000-Nov 2009, your leave in the UK was invalid
- You said you were working in the UK while not permitted (In my application form, I was declaring my working period)
They also said, I can apply for BC in Nov 2020 (Exactly 10 yrs after the date I was granted ILR). Although the reconsideration form is attached, and they said if you think this decision is not fair, you can send the reconsideration form.
Now, I am so confused.. I was not working illegally, as I had work permission.. and everywhere was accepting this as a proof!! Second, How they are saying my stay in the UK from the date of my arrival to the date I was granted ILR was not valid!!
Please can you guide me on this matter? Do you think I can apply for reconsideration?
A110UK wrote: ↑Mon Nov 20, 2017 1:53 pmHi,A110UK wrote: ↑Thu Oct 19, 2017 9:34 pmDear all,
Today’s been a very difficult day for me as this morning my BC application got rejected after nearly 5 month of waiting time. Here is my story, followed by HO’s reasons for rejection:
I arrived to UK in 2000 as an asylum, while I was waiting for a repose from the HO, a solicitor helped me to get work permission. I received the work permission from the HO in 2003 (It’s a card named IND Application Registration card), and there is no expiry date on the card, with this work permission card, I could apply for the National Insurance Number. This allowed me working in the UK legally.
My application for asylum got rejected a while after. After this, I made a fresh application via a solicitor, at some point after, the HO asked for some documents which I posted to them. In the meantime, HO asked me present at a police station on a weekly basis to keep track, and Finally, In Nov 2009, I received the ILR from the HO starting you are getting the ILR as a result of long residency.
Today received the rejection with following reasons:
- For the period July 2000-Nov 2009, your leave in the UK was invalid
- You said you were working in the UK while not permitted (In my application form, I was declaring my working period)
They also said, I can apply for BC in Nov 2020 (Exactly 10 yrs after the date I was granted ILR). Although the reconsideration form is attached, and they said if you think this decision is not fair, you can send the reconsideration form.
Now, I am so confused.. I was not working illegally, as I had work permission.. and everywhere was accepting this as a proof!! Second, How they are saying my stay in the UK from the date of my arrival to the date I was granted ILR was not valid!!
Please can you guide me on this matter? Do you think I can apply for reconsideration?
I posted earlier that my application for BC was refused. As I explined, I always been in contact with the HO since my arrivals, until the date that they granted me ILR due to long residency in 2010. Now I am planning for reconsideration application. However, I was reading the form, and there is a part that they said:
they don't reconsider on grounds of: long residence, where the statutory requirements are not met
Do this mean, as because I was granted ILR on a ground of long residency, they will refuse again my reconsideration application? and 10 years ban apply to me?
Please help.
Many thanks
Not sure, but I know it took months, abt 9-10mnths.vinz420 wrote: ↑Tue Nov 28, 2017 10:55 amWould you happen to know how long their appeal took in total?smallpie wrote: ↑Tue Nov 28, 2017 10:43 amvinz420 wrote: ↑Tue Nov 28, 2017 10:23 amYes they have and both immigration lawyers I've spoken with said I have a 99% chance of winning because they looked like the Officer who looked after my son's application thought he was seeking asylum rather than just wanting to migrate with his British family. The trouble is, it already took them 8 months to make this decision (original application was 11th March) and when I spoke with the UK Tribunal regarding the appeal, they said realistically, it can take another 9-12 months for the appeal to happen.
Hi, i think you definitely have the chance of winning too, your son is a minor, so I don't see any reason he can't be with his family here.
Throw everything you can at them, during the appeal. Although as they said, it takes longer to hear the case, I av a friend who went through same, trying to bring his 15yrs old son here last year, application was refused, but appeal granted few months ago this year.
Wish you all the best..
To both users 'vinz420' and 'smallpie' : this topic is for CITIZENSHIP refusal posts ONLY. 'vinz420', please continue your questions in your existing visa refusal topic you already have where you are receiving advice.
Noted
The collection of fees is standard procedure, no indication that application is successful. The only fee returned is Ceremony fee.kiks wrote: ↑Wed Dec 20, 2017 6:55 amHello guys,
I am sorry to hear/read some of the refusal stories. But I would like to find out - if you guys applied via NCS JCAP way- did they collected fee for you passport as well and not returned it when AN was rejected? I'm only asking as they collect first fee for Naturalisation and then after 1 week or so for passport? Maybe that would be indication if the application will succeed? Please share your experience.
Kind Regards
No point in applying for reconsideration. It will be refused, because the original refusal was correct.chiefengineer wrote: ↑Fri Dec 22, 2017 4:33 pmI was refused, because I was absent 5 years ago on the date they get my application.
May be because everything were correct in my application and they simply need to refuse some quantity of applications.
I apply for reconsideration last week. Actually I was in UK offshore waters near Southwold, I don't think it is absence from UK.
But what a crazy reasons for refusal. (I have been living 10 years in UK)
secret.simon wrote: ↑Tue Apr 18, 2017 10:40 pmCR001's advice is spot-on.
Your first port of call should be your old passports to see if there is an ILR stamp or vignette in them. If you do have such a stamp, you may be home scot-free and the discussion below should not affect you (unless you have been away from the UK for two years).
From your description, you submitted a Residence Certificate, the outcome of an EEA(QP) application. That card certifies that you were an EEA citizen exercising treaty rights as of the date of the application.
What you need for naturalisation is a DCPR, a Document Certifying Permament Residence. To get that, you need to submit an EEA(PR) form, along with proof of five continuous years of working (in your case). The oldest five years that you can prove would be the best.
Here is an image I found online that may help.
If you notice, in the vignette on the right of the image, you will notice the words "Registration Certificate". If that is the kind of document that you submitted, it was the wrong document and the naturalisation application must fail.
However, if you had an identical blue card, but with the words "Document Certifying Permanent Residence", then the Home Office has made a mistake, not you and you should get naturalisation.
This is what the vignette on a blue card for a DCPR would look like.
So, if you look at the blue card that you have, what does the vignette look like? The first example or the second example?
Slightly off-topic; Santa Claus/Saint Nicholas would likely have been issued a DCPR through Mrs Claus, whos is likely an EEA (Norwegian??) citizen. St. Nick of course has a Canadian postal address - Santa Claus, North Pole, Canada, H0H 0H0 (it is an actual postal address).
Hi
