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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

Sam1311
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Posts: 3
Joined: Sat Mar 17, 2018 10:36 pm
Greece

Re: Unsuccessful applications

Post by Sam1311 » Sat Mar 17, 2018 11:47 pm

Hi All,

I have been following this forum for a while now, since I started my journey with the Naturalization process, it’s really resourcefulness and many thanks for the moderators and the members who helps.
I was hoping to have my first post in the Timeline thread, however, just today I received the disappointing refusal letter from the HO, and I would like to get a second thought on it please.

As I'm an Engineer working in the Field and due to Company (UK based) posting, I travel frequently within the UK and Europe (assignment range from few days to few months), thus, I was struggling with the absences from the UK, in terms of providing the dates and at the same time having the knowledge that I don’t fulfill the residency requirement (450 days). In the AN application, I provided the travel details for the last year (just as did when I applied for the EU PR card, and was granted no question asked), but later on, the HO sent a letter requesting the details of traveling covering the whole 5 years period. Anyhow, I managed to prepare the list and sent back. As you know, according to the “Nationality policy: Naturalization as a British citizen by discretion version 2.0” Page 16
• the excess absences were an unavoidable consequence of the nature of the applicant’s career, such as a merchant seaman or employment with a multinational company based in the UK with frequent travel abroad

Based on this statement, I believed discretion would be exercised in my case with a positive outcome.
The wording of the received letter is provided below:

Dear Mr XYZ,
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.
Yours sincerely
….
Reasons for decision
An application for naturalisation is expected to meet certain United Kingdom residence requirements. These are set out at www.gov.uk/becoming-a-british-citizen.
One of the residence requirements is that applicants should not have absences from the United Kingdom exceeding 450 days in the residential qualifying period for naturalisation / 90 days in the twelve months preceding your application.
As you were absent from the United Kingdom for a total of 743 days, you exceeded the limit of 450 days in the five years preceding your application.
The Secretary of State has considered waiving your failure to meet this requirement but cannot find sufficient grounds to do so and your application has therefore been refused.
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 refundable as unsuccessful applicants are not required to attend a citizenship ceremony.

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

Links provided …”

I really feel disparate with this decision; since the job won’t change and traveling is always involved, unless I quit, which is another problem on its own, applying for reconsideration comes with extra cost to an already exaggerated application fee, and I’m afraid that I would receive the exact automated answer …
Any idea or advise would be highly appreciated. Many thanks in advance.

BR,
Sam

secret.simon
Moderator
Posts: 10975
Joined: Thu Feb 21, 2013 9:29 pm

Re: Unsuccessful applications

Post by secret.simon » Sun Mar 18, 2018 1:31 am

Sam1311 wrote:
Sat Mar 17, 2018 11:47 pm
In the AN application, I provided the travel details for the last year (just as did when I applied for the EU PR card, and was granted no question asked)
PR is acquired under EU law, which is much more relaxed and abstract. Naturalisation is under UK law, which is much more specific and stricter. Two completely different and separate systems of law.
Sam1311 wrote:
Sat Mar 17, 2018 11:47 pm
The wording of the received letter is provided below:

Dear Mr XYZ,
....
As you were absent from the United Kingdom for a total of 743 days, you exceeded the limit of 450 days in the five years preceding your application.
The Secretary of State has considered waiving your failure to meet this requirement but cannot find sufficient grounds to do so and your application has therefore been refused.
Did you not give the SSHD/caseworker sufficient grounds to exercise discretion? In other words, did you explain in a cover letter what your job is, why you need to be absent for the purpose of your work, why your absences were unavoidable and requesting that discretion be exercised due to that specific circumstance?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Sam1311
Newly Registered
Posts: 3
Joined: Sat Mar 17, 2018 10:36 pm
Greece

Re: Unsuccessful applications

Post by Sam1311 » Sun Mar 18, 2018 9:47 am

secret.simon wrote:
Sun Mar 18, 2018 1:31 am
Sam1311 wrote:
Sat Mar 17, 2018 11:47 pm
In the AN application, I provided the travel details for the last year (just as did when I applied for the EU PR card, and was granted no question asked)
PR is acquired under EU law, which is much more relaxed and abstract. Naturalisation is under UK law, which is much more specific and stricter. Two completely different and separate systems of law.
Sam1311 wrote:
Sat Mar 17, 2018 11:47 pm
The wording of the received letter is provided below:

Dear Mr XYZ,
....
As you were absent from the United Kingdom for a total of 743 days, you exceeded the limit of 450 days in the five years preceding your application.
The Secretary of State has considered waiving your failure to meet this requirement but cannot find sufficient grounds to do so and your application has therefore been refused.
Did you not give the SSHD/caseworker sufficient grounds to exercise discretion? In other words, did you explain in a cover letter what your job is, why you need to be absent for the purpose of your work, why your absences were unavoidable and requesting that discretion be exercised due to that specific circumstance?
Hi Secret.Simon and thank you for the prompt response.

I applied by Hammersmith & Fulham NCS who prepared the cover letter at that time, also I remember adding some extra related details in page 22 of the AN application, but I can't recall the exact wording now, beside attaching a letter of employment were it's clearly stated "Role requires excessive travelling, within the UK, Europe and abroad.".

In the cover letter I sent, to provide traveling details covering the last five years, I mentioned that "Please note that, my role with Employer as a Field Engineer requires demanding traveling to Customers’ sites in the UK, Europe and abroad. And thus, traveling is an unavoidable consequence of the nature of my work."

So, I believed all required details were submitted, even when i think about going forward with the NR form, not really sure what else to tell to support my application .. maybe the obvious again(?!) Thanks!

Ella314
Newly Registered
Posts: 9
Joined: Wed Jun 14, 2017 8:23 pm

Re: Unsuccessful applications

Post by Ella314 » Wed Mar 21, 2018 9:28 pm

Hi, finally got some news from HO after 9months.
My application is undergoing a full reconsideration (whatever that means!)
I submitted a reconsideration request with all supporting documents. Now they’re saying another requirement is that the applicant is of good character. Since I was without leave to remain between 2000 and 2008 it would appear that I was not compliant with Uk immigration laws during this period and may not meet the good character requirement. In order for them to give further consideration, I must complete the enclosed questionnaire with the appropriate evidence and sent it back by 30/03/2008 (HO put this date 🙃)

I’m very confused what to do. This is more than 10years. Any advice would be much appreciated!
Ella314 wrote:
Thu Jun 15, 2017 11:13 am
@ CR001

In 2008 I was granted discretionary leave to remain till 13/04/2011. Then in March 2011 (a month before the deadline) I was advised by my solicitor to apply for ILR on the grounds of long residence. HO refused this application and granted leave to remain on a discretionary basis in November 2012. Finally, after I completed 6 years of DL got my ILR in 2016. After 12months I submitted my BC application in March this year. In their refusal letter they're saying that I was in breach of the Immigration laws from April 2011 - my first DL expired until November 2012 when my second leave was granted. My argument is that I submitted my application well before the deadline and according to section 3c Immigration Act 1971 'your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay.' Apart from this I have no other breaches/criminal convictions and other issues, and even if it was a breach- it was not deliberate.

Birmingham06
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Posts: 18
Joined: Fri Mar 09, 2018 7:31 pm
Gambia

Re: Unsuccessful applications

Post by Birmingham06 » Thu Mar 22, 2018 5:37 pm

Ella314 wrote:
Wed Mar 21, 2018 9:28 pm
Hi, finally got some news from HO after 9months.
My application is undergoing a full reconsideration (whatever that means!)
I submitted a reconsideration request with all supporting documents. Now they’re saying another requirement is that the applicant is of good character. Since I was without leave to remain between 2000 and 2008 it would appear that I was not compliant with Uk immigration laws during this period and may not meet the good character requirement. In order for them to give further consideration, I must complete the enclosed questionnaire with the appropriate evidence and sent it back by 30/03/2008 (HO put this date 🙃)

I’m very confused what to do. This is more than 10years. Any advice would be much appreciated!
Ella314 wrote:
Thu Jun 15, 2017 11:13 am
@ CR001

In 2008 I was granted discretionary leave to remain till 13/04/2011. Then in March 2011 (a month before the deadline) I was advised by my solicitor to apply for ILR on the grounds of long residence. HO refused this application and granted leave to remain on a discretionary basis in November 2012. Finally, after I completed 6 years of DL got my ILR in 2016. After 12months I submitted my BC application in March this year. In their refusal letter they're saying that I was in breach of the Immigration laws from April 2011 - my first DL expired until November 2012 when my second leave was granted. My argument is that I submitted my application well before the deadline and according to section 3c Immigration Act 1971 'your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay.' Apart from this I have no other breaches/criminal convictions and other issues, and even if it was a breach- it was not deliberate.
Hi ella314
Send them anything you can with a covering letter. I was in the same situation , after sending my questionnaire and few supporting documents I received my approval in just a week time.
Good luck.

Ella314
Newly Registered
Posts: 9
Joined: Wed Jun 14, 2017 8:23 pm

Re: Unsuccessful applications

Post by Ella314 » Sat Mar 24, 2018 10:50 am

Birmingham06 wrote:
Thu Mar 22, 2018 5:37 pm
Hi ella314
Send them anything you can with a covering letter. I was in the same situation , after sending my questionnaire and few supporting documents I received my approval in just a week time.
Good luck.

Hello Birmingham06, thank you very much for your reply. Fortunately, I always keep my documents (bank statements, immigration doc., hospital letters, MP’s letters etc). You were so lucky to receive your approval so quickly. Thanks again for this info.

Birmingham06
Newly Registered
Posts: 18
Joined: Fri Mar 09, 2018 7:31 pm
Gambia

Re: Unsuccessful applications

Post by Birmingham06 » Sat Mar 24, 2018 4:55 pm

Ella314 wrote:
Sat Mar 24, 2018 10:50 am
Birmingham06 wrote:
Thu Mar 22, 2018 5:37 pm
Hi ella314
Send them anything you can with a covering letter. I was in the same situation , after sending my questionnaire and few supporting documents I received my approval in just a week time.
Good luck.

Hello Birmingham06, thank you very much for your reply. Fortunately, I always keep my documents (bank statements, immigration doc., hospital letters, MP’s letters etc). You were so lucky to receive your approval so quickly. Thanks again for this info.
@ella314
you are welcome dear. don't worry you will get your approval. in my case i couldn't even provide much documents. but i wrote a covering letter to say that i couldn't provide because it has been about 10 years. you are lucky ypou have most of your documents. Good luck.

CourtneyRad
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Posts: 29
Joined: Sun Jul 09, 2017 7:28 pm

Re: Unsuccessful Naturalisation (AN) applications

Post by CourtneyRad » Sat Mar 24, 2018 10:47 pm

DaisyRah wrote:
Wed Apr 06, 2016 9:29 am
I can't find where in the application or supporting documents it says that I need to be staying in the UK. I have followed up with the case worker and explained my situation, so I guess I'll just wait and see.

(From the application form)
2.3 Please tell us in which country you intend to have your main home if you are naturalised.
If this country is outside the United Kingdom and i) you are not married to or the civil partner of a British citizen and ii) you intend to enter into or continue Crown service, service in an international organisation or employment with a company or association established in the United Kingdom, please include a letter of explanation.

(Which makes it sound like its ok to list somewhere outside the UK if you ARE married to a BC)
Hiya, I saw in the timeline thread you were approved in the end despite putting your intention was to live in Australia. What was the process for you? Were you able to hold your ceremony in Australia?

Thanks!!

User avatar
CR001
Moderator
Posts: 86831
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: Unsuccessful Naturalisation (AN) applications

Post by CR001 » Sun Mar 25, 2018 11:33 am

CourtneyRad wrote:
Sat Mar 24, 2018 10:47 pm
DaisyRah wrote:
Wed Apr 06, 2016 9:29 am
I can't find where in the application or supporting documents it says that I need to be staying in the UK. I have followed up with the case worker and explained my situation, so I guess I'll just wait and see.

(From the application form)
2.3 Please tell us in which country you intend to have your main home if you are naturalised.
If this country is outside the United Kingdom and i) you are not married to or the civil partner of a British citizen and ii) you intend to enter into or continue Crown service, service in an international organisation or employment with a company or association established in the United Kingdom, please include a letter of explanation.

(Which makes it sound like its ok to list somewhere outside the UK if you ARE married to a BC)
Hiya, I saw in the timeline thread you were approved in the end despite putting your intention was to live in Australia. What was the process for you? Were you able to hold your ceremony in Australia?

Thanks!!
This user last visited the forum in June 2016. Unlikely you will get a response.
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.

CourtneyRad
Newly Registered
Posts: 29
Joined: Sun Jul 09, 2017 7:28 pm

Re: Unsuccessful Naturalisation (AN) applications

Post by CourtneyRad » Sun Mar 25, 2018 8:46 pm

CR001 wrote:
Sun Mar 25, 2018 11:33 am
CourtneyRad wrote:
Sat Mar 24, 2018 10:47 pm
DaisyRah wrote:
Wed Apr 06, 2016 9:29 am
I can't find where in the application or supporting documents it says that I need to be staying in the UK. I have followed up with the case worker and explained my situation, so I guess I'll just wait and see.

(From the application form)
2.3 Please tell us in which country you intend to have your main home if you are naturalised.
If this country is outside the United Kingdom and i) you are not married to or the civil partner of a British citizen and ii) you intend to enter into or continue Crown service, service in an international organisation or employment with a company or association established in the United Kingdom, please include a letter of explanation.

(Which makes it sound like its ok to list somewhere outside the UK if you ARE married to a BC)
Hiya, I saw in the timeline thread you were approved in the end despite putting your intention was to live in Australia. What was the process for you? Were you able to hold your ceremony in Australia?

Thanks!!
This user last visited the forum in June 2016. Unlikely you will get a response.
I know I just thought maybe worth a try :)

emailubk
Newbie
Posts: 33
Joined: Mon Jan 10, 2011 9:55 am

Re: Unsuccessful applications

Post by emailubk » Tue Apr 03, 2018 4:32 pm

Hi All, can some one help me, I am bit worried about BC, I recently applied for BC? once back in 2006 visa got rejected and i went through court(and challenged HO) and court accepted it and and visa got approved. but it took 6 months to process all these(me with out visa all these days)
Details:

Student - 18 Mar - 05 till 31st OCt 2006
I've student visa until 31st OCT 2006 (Applied for HSMP and got approved letter asking for apply for visa)
When i applied for visa i got rejected. then i went to court to challenge and court gave decision and visa got approved and stamped on 16 april 2007.
but i don't have visa between 31st oct 2006 and 16th april 2007.

Will i get rejected for BC?
Please help.
Thanks in advance.

mhsadique
Junior Member
Posts: 77
Joined: Sat Jul 26, 2014 12:10 am
Mood:
Bangladesh

Re: Unsuccessful applications

Post by mhsadique » Wed Apr 04, 2018 10:41 pm

Even if you are over stay before

Code: Select all

 April 2007
, still you didn't break any immigration law past 10 years legal stay in UK. So Particular this reason you application will not be refuse.


emailubk wrote:
Tue Apr 03, 2018 4:32 pm
Hi All, can some one help me, I am bit worried about BC, I recently applied for BC? once back in 2006 visa got rejected and i went through court(and challenged HO) and court accepted it and and visa got approved. but it took 6 months to process all these(me with out visa all these days)
Details:

Student - 18 Mar - 05 till 31st OCt 2006
I've student visa until 31st OCT 2006 (Applied for HSMP and got approved letter asking for apply for visa)
When i applied for visa i got rejected. then i went to court to challenge and court gave decision and visa got approved and stamped on 16 april 2007.
but i don't have visa between 31st oct 2006 and 16th april 2007.

Will i get rejected for BC?
Please help.
Thanks in advance.

emailubk
Newbie
Posts: 33
Joined: Mon Jan 10, 2011 9:55 am

Re: Unsuccessful applications

Post by emailubk » Thu Apr 05, 2018 8:54 am

Thank you for youre reply.

i just looked all visa stamp dates,

I applied for HSMP(Expirey date April 2008) extension in March 2008
but Homeoffice retured my extension in Aug 2008? all documents with homeoffice during time?
Will that be any problem?

Thanks
mhsadique wrote:
Wed Apr 04, 2018 10:41 pm
Even if you are over stay before

Code: Select all

 April 2007
, still you didn't break any immigration law past 10 years legal stay in UK. So Particular this reason you application will not be refuse.


emailubk wrote:
Tue Apr 03, 2018 4:32 pm
Hi All, can some one help me, I am bit worried about BC, I recently applied for BC? once back in 2006 visa got rejected and i went through court(and challenged HO) and court accepted it and and visa got approved. but it took 6 months to process all these(me with out visa all these days)
Details:

Student - 18 Mar - 05 till 31st OCt 2006
I've student visa until 31st OCT 2006 (Applied for HSMP and got approved letter asking for apply for visa)
When i applied for visa i got rejected. then i went to court to challenge and court gave decision and visa got approved and stamped on 16 april 2007.
but i don't have visa between 31st oct 2006 and 16th april 2007.

Will i get rejected for BC?
Please help.
Thanks in advance.

hellosalut
Newly Registered
Posts: 11
Joined: Mon May 15, 2017 1:15 pm

Re: Unsuccessful applications

Post by hellosalut » Sun Apr 08, 2018 8:25 pm

Sam1311 wrote:
Sun Mar 18, 2018 9:47 am
secret.simon wrote:
Sun Mar 18, 2018 1:31 am
Sam1311 wrote:
Sat Mar 17, 2018 11:47 pm
In the AN application, I provided the travel details for the last year (just as did when I applied for the EU PR card, and was granted no question asked)
PR is acquired under EU law, which is much more relaxed and abstract. Naturalisation is under UK law, which is much more specific and stricter. Two completely different and separate systems of law.
Sam1311 wrote:
Sat Mar 17, 2018 11:47 pm
The wording of the received letter is provided below:

Dear Mr XYZ,
....
As you were absent from the United Kingdom for a total of 743 days, you exceeded the limit of 450 days in the five years preceding your application.
The Secretary of State has considered waiving your failure to meet this requirement but cannot find sufficient grounds to do so and your application has therefore been refused.
Did you not give the SSHD/caseworker sufficient grounds to exercise discretion? In other words, did you explain in a cover letter what your job is, why you need to be absent for the purpose of your work, why your absences were unavoidable and requesting that discretion be exercised due to that specific circumstance?
Hi Secret.Simon and thank you for the prompt response.

I applied by Hammersmith & Fulham NCS who prepared the cover letter at that time, also I remember adding some extra related details in page 22 of the AN application, but I can't recall the exact wording now, beside attaching a letter of employment were it's clearly stated "Role requires excessive travelling, within the UK, Europe and abroad.".

In the cover letter I sent, to provide traveling details covering the last five years, I mentioned that "Please note that, my role with Employer as a Field Engineer requires demanding traveling to Customers’ sites in the UK, Europe and abroad. And thus, traveling is an unavoidable consequence of the nature of my work."

So, I believed all required details were submitted, even when i think about going forward with the NR form, not really sure what else to tell to support my application .. maybe the obvious again(?!) Thanks!
Hi there
My case was similar to yours and I was successful
I’m working for an uk Airline and I was based overseas for over 600 days ,
And it was an un voidable part of my job ,
I did have a property in the the U.K. and I paid about 20 years NI , so I had a very strong case of links to the U.K.

chiefengineer
Newly Registered
Posts: 15
Joined: Sun Dec 17, 2017 11:42 am
Greece

Re: Unsuccessful applications

Post by chiefengineer » Mon Apr 09, 2018 5:49 pm

Reconsideration accepted at the end of December. No news up to now.

Sunnydaylana
Newly Registered
Posts: 16
Joined: Sat Mar 25, 2017 3:42 pm

Re: Unsuccessful Naturalisation (AN) applications

Post by Sunnydaylana » Wed Apr 11, 2018 8:44 pm

shah814 wrote:
Tue Jul 26, 2016 8:05 pm
hi all new to this forum just a quick question , can any one put the light regarding the refusal of naturalisation on the basis of extra work during the student visa , and what about those people who only worked full time during term time because with HMRC they do not tell you when u worked part time and when you worked full time,
please share some experience if any respected member had this issue.
many thanks

It would be great to hear more on this if anyone can share experience? Would it be advisory to obtain employment contracts / payslips?

User avatar
cyclina1
Senior Member
Posts: 924
Joined: Mon Apr 02, 2018 12:38 am
Hong Kong

Re: Unsuccessful Naturalisation (AN) applications

Post by cyclina1 » Thu Apr 12, 2018 12:58 pm

If you worked more than 20hr per week under student visa, you breached the immigration law and 10 years ban would be imposed from the date you offended.

Sunnydaylana wrote:
Wed Apr 11, 2018 8:44 pm
shah814 wrote:
Tue Jul 26, 2016 8:05 pm
hi all new to this forum just a quick question , can any one put the light regarding the refusal of naturalisation on the basis of extra work during the student visa , and what about those people who only worked full time during term time because with HMRC they do not tell you when u worked part time and when you worked full time,
please share some experience if any respected member had this issue.
many thanks

It would be great to hear more on this if anyone can share experience? Would it be advisory to obtain employment contracts / payslips?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.

Bhja
Newly Registered
Posts: 3
Joined: Thu Apr 12, 2018 1:27 pm
Mood:
Ukraine

Re: Unsuccessful applications

Post by Bhja » Thu Apr 12, 2018 1:34 pm

Ella314 wrote:
Sat Mar 24, 2018 10:50 am
Birmingham06 wrote:
Thu Mar 22, 2018 5:37 pm
Hi ella314
Send them anything you can with a covering letter. I was in the same situation , after sending my questionnaire and few supporting documents I received my approval in just a week time.
Good luck.

Hello Birmingham06, thank you very much for your reply. Fortunately, I always keep my documents (bank statements, immigration doc., hospital letters, MP’s letters etc). You were so lucky to receive your approval so quickly. Thanks again for this info.

Hi,

Some Students are allowed to work 20 hr per week term time and full time on vacation. What’s the situation like with PGT master students?

Could these students work more hours during vacation time (summer?) ? This time is essentially vacation, but for PGT Masters it’s also dissertation time. Is this down to individual university how to define vacation time?

What if the start of an employment contract occurred closer to the completion of the course?

garbouz
Newly Registered
Posts: 2
Joined: Sat Apr 14, 2018 3:21 pm
Brazil

Re: Unsuccessful applications

Post by garbouz » Sat Apr 14, 2018 3:27 pm

Ella314 wrote:
Wed Mar 21, 2018 9:28 pm
Hi, finally got some news from HO after 9months.
My application is undergoing a full reconsideration (whatever that means!)
I submitted a reconsideration request with all supporting documents. Now they’re saying another requirement is that the applicant is of good character. Since I was without leave to remain between 2000 and 2008 it would appear that I was not compliant with Uk immigration laws during this period and may not meet the good character requirement. In order for them to give further consideration, I must complete the enclosed questionnaire with the appropriate evidence and sent it back by 30/03/2008 (HO put this date 🙃)

I’m very confused what to do. This is more than 10years. Any advice would be much appreciated!
Ella314 wrote:
Thu Jun 15, 2017 11:13 am
@ CR001

In 2008 I was granted discretionary leave to remain till 13/04/2011. Then in March 2011 (a month before the deadline) I was advised by my solicitor to apply for ILR on the grounds of long residence. HO refused this application and granted leave to remain on a discretionary basis in November 2012. Finally, after I completed 6 years of DL got my ILR in 2016. After 12months I submitted my BC application in March this year. In their refusal letter they're saying that I was in breach of the Immigration laws from April 2011 - my first DL expired until November 2012 when my second leave was granted. My argument is that I submitted my application well before the deadline and according to section 3c Immigration Act 1971 'your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay.' Apart from this I have no other breaches/criminal convictions and other issues, and even if it was a breach- it was not deliberate.

Hi there, i'm new to the board and after having read your post, i found i'm in kind of the same situation u were in but i haven't applied yet for BC. is there any chance you could provide a copy of the questionnair you have received from HO please? it'll be much appreciated . thank you

chiefengineer
Newly Registered
Posts: 15
Joined: Sun Dec 17, 2017 11:42 am
Greece

Re: Unsuccessful applications

Post by chiefengineer » Thu Apr 19, 2018 8:59 pm

After 4 months just get an answer:
Dear Sir/Madam

I can confirm that your application has been received.

We will endeavour to conclude your application at the earliest opportunity. Please be assured that, as soon as we are in a position to reach a decision, you will be notified accordingly.



Kind regards
AO4
CCT Team - Liverpool

Ella314
Newly Registered
Posts: 9
Joined: Wed Jun 14, 2017 8:23 pm

Re: Unsuccessful applications

Post by Ella314 » Fri Apr 20, 2018 3:14 pm

garbouz wrote:
Sat Apr 14, 2018 3:27 pm
Hi there, i'm new to the board and after having read your post, i found i'm in kind of the same situation u were in but i haven't applied yet for BC. is there any chance you could provide a copy of the questionnair you have received from HO please? it'll be much appreciated . thank you
There are 8 questions:
1. What steps did you take to regularize your stay during the period in question?
2. Where did you live during this period and who else lived there?
3. Who was responsible for paying your accommodation costs?
4. When and where did you work during this period?
5. When and where did you study during this period?
6. What benefits did you receive during this period?
7. Did you receive funds from any other source during this period?
8. Is there any information that you wish to provide that may be relevant to your application and the assessment of your ability to meet the good character requirement?

Hope this be helpful to you.

garbouz
Newly Registered
Posts: 2
Joined: Sat Apr 14, 2018 3:21 pm
Brazil

Re: Unsuccessful applications

Post by garbouz » Fri Apr 20, 2018 3:30 pm

Ella314 wrote:
Fri Apr 20, 2018 3:14 pm
garbouz wrote:
Sat Apr 14, 2018 3:27 pm
Hi there, i'm new to the board and after having read your post, i found i'm in kind of the same situation u were in but i haven't applied yet for BC. is there any chance you could provide a copy of the questionnair you have received from HO please? it'll be much appreciated . thank you
There are 8 questions:
1. What steps did you take to regularize your stay during the period in question?
2. Where did you live during this period and who else lived there?
3. Who was responsible for paying your accommodation costs?
4. When and where did you work during this period?
5. When and where did you study during this period?
6. What benefits did you receive during this period.
7. Did you receive funds from any other source during this period?
8. Is there any information that you wish to provide that may be relevant to your application and the assessment of your ability to meet the good character requirement?

Hope this be helpful to you.

Hi there, thanks once again for the reply and hope everything goes well for u

Sam1311
Newly Registered
Posts: 3
Joined: Sat Mar 17, 2018 10:36 pm
Greece

Re: Unsuccessful applications

Post by Sam1311 » Sat Apr 21, 2018 9:21 am

Hi there,

I did send the NR form with supporting documents, it’s more than 10 working days since received but no acknowledgment e-mail or letter, and the fee hasn’t been withdrawn yet ... any idea how long it takes in the NR form case? The only concern is that the application wasn’t received from the correct department 😩

Thanks & regards,

Sam
hellosalut wrote:
Sun Apr 08, 2018 8:25 pm
Sam1311 wrote:
Sun Mar 18, 2018 9:47 am
secret.simon wrote:
Sun Mar 18, 2018 1:31 am
Sam1311 wrote:
Sat Mar 17, 2018 11:47 pm
In the AN application, I provided the travel details for the last year (just as did when I applied for the EU PR card, and was granted no question asked)
PR is acquired under EU law, which is much more relaxed and abstract. Naturalisation is under UK law, which is much more specific and stricter. Two completely different and separate systems of law.
Sam1311 wrote:
Sat Mar 17, 2018 11:47 pm
The wording of the received letter is provided below:

Dear Mr XYZ,
....
As you were absent from the United Kingdom for a total of 743 days, you exceeded the limit of 450 days in the five years preceding your application.
The Secretary of State has considered waiving your failure to meet this requirement but cannot find sufficient grounds to do so and your application has therefore been refused.
Did you not give the SSHD/caseworker sufficient grounds to exercise discretion? In other words, did you explain in a cover letter what your job is, why you need to be absent for the purpose of your work, why your absences were unavoidable and requesting that discretion be exercised due to that specific circumstance?
Hi Secret.Simon and thank you for the prompt response.

I applied by Hammersmith & Fulham NCS who prepared the cover letter at that time, also I remember adding some extra related details in page 22 of the AN application, but I can't recall the exact wording now, beside attaching a letter of employment were it's clearly stated "Role requires excessive travelling, within the UK, Europe and abroad.".

In the cover letter I sent, to provide traveling details covering the last five years, I mentioned that "Please note that, my role with Employer as a Field Engineer requires demanding traveling to Customers’ sites in the UK, Europe and abroad. And thus, traveling is an unavoidable consequence of the nature of my work."

So, I believed all required details were submitted, even when i think about going forward with the NR form, not really sure what else to tell to support my application .. maybe the obvious again(?!) Thanks!
Hi there
My case was similar to yours and I was successful
I’m working for an uk Airline and I was based overseas for over 600 days ,
And it was an un voidable part of my job ,
I did have a property in the the U.K. and I paid about 20 years NI , so I had a very strong case of links to the U.K.

chiefengineer
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Re: Unsuccessful applications

Post by chiefengineer » Sat May 05, 2018 2:00 pm

After 4 months reconsideration was rejected. I submitted reconsideration form in December 2017, but evidence I sent in January 2018. I think they didn't put the evidence in my file. I did a mistake in initial application, declared absence on the day 5 years before my application was submitted. I found a photocopy seaman's book showing working area Southworld (12 miles zone UK waters). I got a email from HO explaining that working in 12 miles zone is not absence from UK. Why they didn't check photocopy? They sad that everything is OK, and I need just resubmit the application. I think the cheapest way is just resubmit the application, because to go for the court or lawyer will be more expensive way.

Ebosiam
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Posts: 36
Joined: Sat May 10, 2014 7:33 pm

Re: Unsuccessful applications

Post by Ebosiam » Sun May 06, 2018 11:53 am

ChiefEngineer sorry to hear that if I was you I go for a new application and submit as much Documents as I can good luck

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