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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

EEA National
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Re: Unsuccessful applications

Post by EEA National » Tue Sep 26, 2017 12:21 pm

Thank you CR001
To Zoraika: why wait so long and didn't sent reconsideration back than?

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Re: Unsuccessful applications

Post by CR001 » Tue Sep 26, 2017 12:29 pm

EEA National wrote:
Tue Sep 26, 2017 12:21 pm
Thank you CR001
To Zoraika: why wait so long and didn't sent reconsideration back than?
The decision to refuse would have been correct as the OP did not provide the evidence HO asked for. Not sure if OP could ask for a reconsideration and submit all the missing evidence.
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Re: Unsuccessful applications

Post by EEA National » Tue Sep 26, 2017 12:48 pm

Indeed it is a bit strange case
Maybe procedure back in 2014 was different?
More information on the situation will allow us to be more accurate in our advices

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Re: Unsuccessful applications

Post by CR001 » Tue Sep 26, 2017 12:52 pm

EEA National wrote:
Tue Sep 26, 2017 12:48 pm
Indeed it is a bit strange case
Maybe procedure back in 2014 was different?
More information on the situation will allow us to be more accurate in our advices
No, the OP applied for citizenship in March this year not in 2014, as the link I posted states. 2014 there was no mandatory requirement for a PR card anyway.
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Re: Unsuccessful applications

Post by EEA National » Tue Sep 26, 2017 1:10 pm

Thank you CR001
The confusion came from here
"I was granted PR card in 2014. I applidd for citizenship in March"
Looking at the RN form it is unclear whether reconsideration could be a success or not, it will be up to the OP to decide. Shame that has to pay the fee again and go through the whole process all over again!
Good luck

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Re: Unsuccessful applications

Post by Zoraika » Tue Sep 26, 2017 2:18 pm

softy monster wrote:
Tue Sep 26, 2017 11:50 am
Zoraika wrote:
Tue Sep 26, 2017 11:43 am
Hi. Is there any time limit that I need to wait before I re-apply for citizenship?
No, except if the HO banned you until certain date and they should have mentioned that when you were refused in the first place! also make sure you prove/add anything you were missing when you have applied the first time! simple is that
Thank you. That's a good news.
Also, do you know if I should have registered for WRS when I was an au pair? Lawers say on a different site that home office might refuse the application because I didn't register which doesn't make sense for me. I thought au pair doesn't class as a worker.

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Re: Unsuccessful applications

Post by Zoraika » Tue Sep 26, 2017 2:23 pm

We just didn't want to take the risk to loose £321 and being rejected and pay the citizenship again. I asked about 5 lawyers and 4 of them adviced me to re-apply

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Re: Unsuccessful applications

Post by softy monster » Tue Sep 26, 2017 2:42 pm

Zoraika wrote:
Tue Sep 26, 2017 2:18 pm
softy monster wrote:
Tue Sep 26, 2017 11:50 am
Zoraika wrote:
Tue Sep 26, 2017 11:43 am
Hi. Is there any time limit that I need to wait before I re-apply for citizenship?
No, except if the HO banned you until certain date and they should have mentioned that when you were refused in the first place! also make sure you prove/add anything you were missing when you have applied the first time! simple is that
Thank you. That's a good news.
Also, do you know if I should have registered for WRS when I was an au pair? Lawers say on a different site that home office might refuse the application because I didn't register which doesn't make sense for me. I thought au pair doesn't class as a worker.
correct, you shouldn't have to, but unless you were self-employed! working as an au pair could be a self employed job! Even if you were a worker I don't think by not being registered for WRS in the past will affect your BC application I may be wrong!
CR001 could assist you abit more on this case! Also all the credit should go to her as per her last few messages
Non-EEA (McCarthy Transitional Arrangement case)
PR card rec/dated:28 April 17
British Citizen: Dec 17

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Re: Unsuccessful applications

Post by Zoraika » Tue Sep 26, 2017 3:33 pm

Thank you so much. I hope I'll be lucky this time.

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Re: Unsuccessful applications

Post by A110UK » Thu Oct 19, 2017 8:34 pm

Dear 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?

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Re: Unsuccessful applications

Post by CR001 » Thu Oct 19, 2017 10:13 pm

A110UK wrote:
Thu Oct 19, 2017 8:34 pm
Dear 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?
Was your asylum application ever approved??

Looks like you got ILR based on 14 years long residence (this category is no longer available). This was for migrants who had no legal stay/visa in the UK for 14 years.
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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Re: Unsuccessful applications

Post by A110UK » Fri Oct 20, 2017 7:42 am

CR001 wrote:
Thu Oct 19, 2017 10:13 pm
A110UK wrote:
Thu Oct 19, 2017 8:34 pm
Dear 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?
Was your asylum application ever approved??

Looks like you got ILR based on 14 years long residence (this category is no longer available). This was for migrants who had no legal stay/visa in the UK for 14 years.
No my asylum application was not approved. However they gave me ILR after 9 yrs not 14 yrs. As I said I arrived UK in 2000, and got ILR in 2009..... Do you think if it worth applying for reconsideration?

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Re: Unsuccessful applications

Post by Ebosiam » Fri Oct 20, 2017 11:32 am

A110UK wrote:
Thu Oct 19, 2017 8:34 pm
Dear 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 had exactly the same refusal as you couple a month ago I sent my reconsideration straight after the HO deduct the money from my account and I’m still waiting for a decision I go for it if I was you good luck

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Re: Unsuccessful applications

Post by A110UK » Fri Oct 20, 2017 3:34 pm

Ebosiam wrote:
Fri Oct 20, 2017 11:32 am
A110UK wrote:
Thu Oct 19, 2017 8:34 pm
Dear 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 had exactly the same refusal as you couple a month ago I sent my reconsideration straight after the HO deduct the money from my account and I’m still waiting for a decision I go for it if I was you good luck
Thanks ebosiam for your feedback.
Please can you let me know what supporting documents you attached? did you apply it by yourself or got help from a solicitor?
Many thanks

Ebosiam
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Re: Unsuccessful applications

Post by Ebosiam » Sat Oct 21, 2017 1:18 pm

A110UK I sent covered letter explaining everything in it and letter from the HO confirming my Permission to work and letter confirming my report record for the time I been in the uk without leave to remain you won’t need a solicitor just yet I think that’s what my solicitor said to me good luck for both of us :roll:

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Re: Unsuccessful applications

Post by CR001 » Fri Oct 27, 2017 5:55 pm

Can forum members PLEASE only post in this topic if your application has been refused. Please do not post questions about 'app been decided', so worried' etc.
Char (CR001 not Casa)
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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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Re: Unsuccessful applications

Post by Dig100 » Fri Nov 10, 2017 1:46 am

Is a case worker allowed to apply discretion when considering good character for any amount of overstaying ...

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Re: Unsuccessful applications

Post by Dig100 » Fri Nov 10, 2017 1:54 am

Is the good character requirement for immigration offences the same for everyone regardless of whether your spouse is a BC

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Re: Unsuccessful applications

Post by CR001 » Fri Nov 10, 2017 11:16 am

Dig100 wrote:
Fri Nov 10, 2017 1:54 am
Is the good character requirement for immigration offences the same for everyone regardless of whether your spouse is a BC
Yes it is the same. No special treatment simply because your spouse is British.

Also, please ONLY post in this topic if you have had a refusal and not to post general questions while application is in process.
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Re: Unsuccessful applications

Post by Dig100 » Sat Nov 11, 2017 3:26 pm

There 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.

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Re: Unsuccessful applications

Post by CR001 » Sun Nov 12, 2017 3:38 pm

Dig100 wrote:
Sat Nov 11, 2017 3:26 pm
There 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.
There are two scenarios. See Q14A in the link below.

british-citizenship/british-citizenship ... 05532.html
Char (CR001 not Casa)
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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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Re: Unsuccessful applications

Post by Dig100 » Mon Nov 13, 2017 9:24 am

One can only hope that be it illegal entry or overstaying the caseworker applies common sense so that the clock starts from when the home office became aware of the breach and not when the settled status was issued or breach rectified ...

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Re: Unsuccessful applications

Post by A110UK » Mon Nov 20, 2017 1:53 pm

A110UK wrote:
Thu Oct 19, 2017 8:34 pm
Dear 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?
Hi,
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

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Re: Unsuccessful applications

Post by Dig100 » Mon Nov 20, 2017 5:49 pm

However, some potential applicants may be more willing to take risks and be willing to try submitting an application, even when it is likely that it will be refused and they will need to challenge it. Importantly, the good character requirement guidance is guidance only. None of the grounds for refusal in the guidance are mandatory as such. It is always possible to put arguments forward to rebut the presumption of refusal.

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Re: Unsuccessful applications

Post by A110UK » Wed Nov 22, 2017 1:36 pm

Please can someone advise on this?
Thanks

A110UK wrote:
Mon Nov 20, 2017 1:53 pm
A110UK wrote:
Thu Oct 19, 2017 8:34 pm
Dear 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?
Hi,
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

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