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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

chiefengineer
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Greece

Re: Unsuccessful applications

Post by chiefengineer » Mon May 07, 2018 10:24 am

Ebosiam wrote:
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
Thanks for replay. I will do that.

Ella314
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Re: Unsuccessful applications

Post by Ella314 » Wed May 09, 2018 12:25 pm


Salasala
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Tanzania

Re: Unsuccessful applications

Post by Salasala » Fri May 11, 2018 5:12 pm

Ella have you recieved your outtcome?

Ella314
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Re: Unsuccessful applications

Post by Ella314 » Sat May 12, 2018 8:43 am

Nothing yet

Granada
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Syria

Re: Unsuccessful applications

Post by Granada » Wed May 16, 2018 10:46 am

secret.simon wrote:
Sat Dec 23, 2017 12:45 pm
chiefengineer wrote:
Fri Dec 22, 2017 4:33 pm
I 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)
No point in applying for reconsideration. It will be refused, because the original refusal was correct.

The "physically present in the UK at the start of the five year period" is a non-negotiable requirement for naturalisation, over which the Home Office has no discretion. If the applicant was not physically in the UK at the start of the five year period, the application must fail. It is the one condition which the Home Office has no discretion to disregard. It is because of this one requirement that I believe that Meghan Markle may need a personal Act of Parliament to become a British citizen.

As for the being on an oil rig in UK Continental Shelf (the 200 mile exclusive economic zone), working on oil installations outside UK territorial waters (the 12 mile zone around the UK) is not subject to UK Immigration Rules, but to international conventions. Hence it is not considered being physically present in the UK for the purpose of nationality law either.

Therefore the refusal of the Home Office was not only correct, the refusal was a requirement of the law (i.e. no discretion was afforded to the Home Office to overlook this shortcoming).

Did you go through the NCS when making the application? They should have caught that you did not meet this very specific requirement.
Hi Simon,
I submitted my online application for BC on 11 March, the fees were deducted on the same day and I received an email from the home office with a reference number on 12 March. I am subjected to the three years rule as I am married to a British citizen, in 2015, I was in the UK on 11 and 12 March, leaving from Heathrow on 12 March in the evening. Also my NRDS documents were received by the home office on 20 March (I was in the UK on 20 March 2015)
do you think my application will get rejected? it has been 65 days so far, longer than most other online applications and I am very worried.
do you recommend that I contact the home office?
thanks

Ella314
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Re: Unsuccessful applications

Post by Ella314 » Wed May 16, 2018 2:31 pm

Hi everyone,

Just to inform you that my reconsideration application has been successful and citinzenship has been approved.
Good luck to everyone and please do not hesitate to challenge the HO decision if you think that you have a chance for reconsideration.

Thank you all for your advices and support.

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muraenidae
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Re: Unsuccessful applications

Post by muraenidae » Fri May 18, 2018 9:02 am

Granada wrote:
Wed May 16, 2018 10:46 am
Hi Simon,
I submitted my online application for BC on 11 March, the fees were deducted on the same day and I received an email from the home office with a reference number on 12 March. I am subjected to the three years rule as I am married to a British citizen, in 2015, I was in the UK on 11 and 12 March, leaving from Heathrow on 12 March in the evening. Also my NRDS documents were received by the home office on 20 March (I was in the UK on 20 March 2015)
do you think my application will get rejected? it has been 65 days so far, longer than most other online applications and I am very worried.
do you recommend that I contact the home office?
thanks
Should be fine. Submitted on 11 March means you must be present on 11 March 5 years earlier, and you were. The online application waiting time seems a bit longer at the moment than it was earlier this year (when there were 3 week approvals!).

Beautifulmum
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Re: Unsuccessful applications

Post by Beautifulmum » Fri May 18, 2018 9:31 am

Hello Everyone,

My citizenship application just go rejected based on Good character, I applied Mar, 18 but got a response yesterday dated the 10/5/18. Based on the fact I didn't have right to remain between the period of 2007-May 2010 and I was working. HO says any application made before May 2020 is most likely to be refused (PS I dont plan to make any more application till 2020) and I have 2 British children.

My question now is does any one know if this decision made now will affect my 2020 application?


Many thanks

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CR001
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Re: Unsuccessful applications

Post by CR001 » Fri May 18, 2018 12:39 pm

Beautifulmum wrote:
Fri May 18, 2018 9:31 am
Hello Everyone,

My citizenship application just go rejected based on Good character, I applied Mar, 18 but got a response yesterday dated the 10/5/18. Based on the fact I didn't have right to remain between the period of 2007-May 2010 and I was working. HO says any application made before May 2020 is most likely to be refused (PS I dont plan to make any more application till 2020) and I have 2 British children.

My question now is does any one know if this decision made now will affect my 2020 application?


Many thanks
No.
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.

Granada
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Syria

Re: Unsuccessful applications

Post by Granada » Fri May 18, 2018 3:46 pm

muraenidae wrote:
Fri May 18, 2018 9:02 am
Granada wrote:
Wed May 16, 2018 10:46 am
Hi Simon,
I submitted my online application for BC on 11 March, the fees were deducted on the same day and I received an email from the home office with a reference number on 12 March. I am subjected to the three years rule as I am married to a British citizen, in 2015, I was in the UK on 11 and 12 March, leaving from Heathrow on 12 March in the evening. Also my NRDS documents were received by the home office on 20 March (I was in the UK on 20 March 2015)
do you think my application will get rejected? it has been 65 days so far, longer than most other online applications and I am very worried.
do you recommend that I contact the home office?
thanks
Should be fine. Submitted on 11 March means you must be present on 11 March 5 years earlier, and you were. The online application waiting time seems a bit longer at the moment than it was earlier this year (when there were 3 week approvals!).
Many thanks. You are right about the online applications, interestingly, NCS applications are moving far quicker now!
I guess the timeline post only show us those who did get it quickly, while there could be hundreds still waiting.

Phil2020
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Eritrea

Re: Unsuccessful applications

Post by Phil2020 » Tue May 22, 2018 1:38 pm

Did someone delete my replay? If yes can I ask why?

Thank you

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CR001
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Re: Unsuccessful applications

Post by CR001 » Tue May 22, 2018 1:44 pm

Phil2020 wrote:
Tue May 22, 2018 1:38 pm
Did someone delete my replay? If yes can I ask why?

Thank you
Because you already have a topic which all will see. No need to spam the forum with multiple duplicate posts.

See Multiple Topics/Posts (click)
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.

Phil2020
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Eritrea

Re: Unsuccessful applications

Post by Phil2020 » Tue May 22, 2018 2:05 pm

Ok thank for the replay,

Sorry, but I did not spam, though I should share my story of unsuccessful application in this thread. But thanks anyway for being very helpful and supporting NOT.

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CR001
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Re: Unsuccessful applications

Post by CR001 » Tue May 22, 2018 2:10 pm

Phil2020 wrote:
Tue May 22, 2018 2:05 pm
Ok thank for the replay,

Sorry, but I did not spam, though I should share my story of unsuccessful application in this thread. But thanks anyway for being very helpful and supporting NOT.
You will get better responses in your own topic than if you post here and as you started a duplicate topic of your own, the post in this topic was removed.

If you don't wish to familiarise yourself with the forum rules and how the forum runs, let us know and we can restrict your access.
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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TheRock9
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Re: Unsuccessful applications

Post by TheRock9 » Thu May 31, 2018 7:55 am

Hi Guys,

Just wondering whether someones Naturalisation been REFUSED after the Passport Fee was deducted from their Bank Account when they applied using NCS + JCAP OR NDRS + JCAP service.

Please share the details and will you got the passport fee back.

Thanks

Regards
I am not an immigration lawyer, so comments here are not an advise. My comments are from my own experience and interpretation of information which is available publicly.

demiane
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Re: Unsuccessful applications

Post by demiane » Thu Jun 14, 2018 1:00 pm

TeamAc4 wrote:
Fri May 26, 2017 10:07 pm
1. An EEA(PR) holder can previously have "overstayed" if they were not an EEA national at the time, they had leave to remain, and they remained in the country once that leave expired. So the answer is: yes. UKVI will take into account the previous 10 years, so will look beyond the qualifying residence period now.

2. The qualifying period is always five years (unless you are married to a British citizen) under s.6(1) BNA and Schedule 1. Only this period will be taken into account by UKVI. Under some circumstances, it is possible for an EEA national to obtain PR after two or three years, but the majority it takes five years, at which point you become free from immigration time restrictions. You must hold that status for a minimum of twelve months.

3. Although the published Nationality Instructions quoted above have not been updated, UKVI will now generally regard residence of an EEA national in the UK without exercising Treaty rights as unlawful and going against the good character requirement. This includes prior overstayers, or people who have not had comprehensive sickness insurance as a student or self-sufficient person, for example. UKVI will look at the preceding ten year period in deciding whether there were immigration breaches. See the EEA Caseworker Guidance at https://www.gov.uk/government/publicati ... ent-rights pp. 34 et seq.

4. An immigration breach in the ten year period is not in and of itself conclusive that an application should be refused. The caseworker must consider whether the breach goes to good character, although the rather strict application of the comprehensive sickness insurance requirement suggests that the default position will be that a breach will bar naturalisation within those ten years.
Does anyone know if point 3 above is actually true and if HO rejects applications on this basis? I read that Guidance document but I found the information there confusing. I wasn't able to find an example in this forum of an unsuccessful application of an EU national due to "overstaying" (for example being a student without CSI). A few people have asked the same question in other posts but they didn't receive a reply. This approach from HO seems very serious and maybe unlawful under EU law?

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muraenidae
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Re: Unsuccessful applications

Post by muraenidae » Thu Jun 14, 2018 2:23 pm

demiane wrote:
Thu Jun 14, 2018 1:00 pm
TeamAc4 wrote:
Fri May 26, 2017 10:07 pm
1. An EEA(PR) holder can previously have "overstayed" if they were not an EEA national at the time, they had leave to remain, and they remained in the country once that leave expired. So the answer is: yes. UKVI will take into account the previous 10 years, so will look beyond the qualifying residence period now.

2. The qualifying period is always five years (unless you are married to a British citizen) under s.6(1) BNA and Schedule 1. Only this period will be taken into account by UKVI. Under some circumstances, it is possible for an EEA national to obtain PR after two or three years, but the majority it takes five years, at which point you become free from immigration time restrictions. You must hold that status for a minimum of twelve months.

3. Although the published Nationality Instructions quoted above have not been updated, UKVI will now generally regard residence of an EEA national in the UK without exercising Treaty rights as unlawful and going against the good character requirement. This includes prior overstayers, or people who have not had comprehensive sickness insurance as a student or self-sufficient person, for example. UKVI will look at the preceding ten year period in deciding whether there were immigration breaches. See the EEA Caseworker Guidance at https://www.gov.uk/government/publicati ... ent-rights pp. 34 et seq.

4. An immigration breach in the ten year period is not in and of itself conclusive that an application should be refused. The caseworker must consider whether the breach goes to good character, although the rather strict application of the comprehensive sickness insurance requirement suggests that the default position will be that a breach will bar naturalisation within those ten years.
Does anyone know if point 3 above is actually true and if HO rejects applications on this basis? I read that Guidance document but I found the information there confusing. I wasn't able to find an example in this forum of an unsuccessful application of an EU national due to "overstaying" (for example being a student without CSI). A few people have asked the same question in other posts but they didn't receive a reply. This approach from HO seems very serious and maybe unlawful under EU law?
Indeed! I have asked about this in the forums before but did not get any definite answers.

Are there any known cases where a naturalisation application got rejected for an EU national because they were in the UK in the past 10 years without exercising treaty rights? For example, if they were students without CSI in the past, or self sufficient without CSI?

nidaulhaque
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Re: Unsuccessful applications

Post by nidaulhaque » Thu Jun 14, 2018 4:10 pm

It's really depends if EEA national had premenant residence card then they should not be get refused

But of they don't have PR then off course they will not qualify for PR and BC will also effect

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CR001
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Re: Unsuccessful applications

Post by CR001 » Thu Jun 14, 2018 4:12 pm

demiane wrote:
Thu Jun 14, 2018 1:00 pm
TeamAc4 wrote:
Fri May 26, 2017 10:07 pm
1. An EEA(PR) holder can previously have "overstayed" if they were not an EEA national at the time, they had leave to remain, and they remained in the country once that leave expired. So the answer is: yes. UKVI will take into account the previous 10 years, so will look beyond the qualifying residence period now.

2. The qualifying period is always five years (unless you are married to a British citizen) under s.6(1) BNA and Schedule 1. Only this period will be taken into account by UKVI. Under some circumstances, it is possible for an EEA national to obtain PR after two or three years, but the majority it takes five years, at which point you become free from immigration time restrictions. You must hold that status for a minimum of twelve months.

3. Although the published Nationality Instructions quoted above have not been updated, UKVI will now generally regard residence of an EEA national in the UK without exercising Treaty rights as unlawful and going against the good character requirement. This includes prior overstayers, or people who have not had comprehensive sickness insurance as a student or self-sufficient person, for example. UKVI will look at the preceding ten year period in deciding whether there were immigration breaches. See the EEA Caseworker Guidance at https://www.gov.uk/government/publicati ... ent-rights pp. 34 et seq.

4. An immigration breach in the ten year period is not in and of itself conclusive that an application should be refused. The caseworker must consider whether the breach goes to good character, although the rather strict application of the comprehensive sickness insurance requirement suggests that the default position will be that a breach will bar naturalisation within those ten years.
Does anyone know if point 3 above is actually true and if HO rejects applications on this basis? I read that Guidance document but I found the information there confusing. I wasn't able to find an example in this forum of an unsuccessful application of an EU national due to "overstaying" (for example being a student without CSI). A few people have asked the same question in other posts but they didn't receive a reply. This approach from HO seems very serious and maybe unlawful under EU law?
Note that British citizenship laws are completely separate and independent of 'EU Law'. The EU rules and regulations do not apply to applications for British Citizenship.
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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muraenidae
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Re: Unsuccessful applications

Post by muraenidae » Fri Jun 15, 2018 2:24 pm

CR001 wrote:
Thu Jun 14, 2018 4:12 pm
demiane wrote:
Thu Jun 14, 2018 1:00 pm
TeamAc4 wrote:
Fri May 26, 2017 10:07 pm
1. An EEA(PR) holder can previously have "overstayed" if they were not an EEA national at the time, they had leave to remain, and they remained in the country once that leave expired. So the answer is: yes. UKVI will take into account the previous 10 years, so will look beyond the qualifying residence period now.

2. The qualifying period is always five years (unless you are married to a British citizen) under s.6(1) BNA and Schedule 1. Only this period will be taken into account by UKVI. Under some circumstances, it is possible for an EEA national to obtain PR after two or three years, but the majority it takes five years, at which point you become free from immigration time restrictions. You must hold that status for a minimum of twelve months.

3. Although the published Nationality Instructions quoted above have not been updated, UKVI will now generally regard residence of an EEA national in the UK without exercising Treaty rights as unlawful and going against the good character requirement. This includes prior overstayers, or people who have not had comprehensive sickness insurance as a student or self-sufficient person, for example. UKVI will look at the preceding ten year period in deciding whether there were immigration breaches. See the EEA Caseworker Guidance at https://www.gov.uk/government/publicati ... ent-rights pp. 34 et seq.

4. An immigration breach in the ten year period is not in and of itself conclusive that an application should be refused. The caseworker must consider whether the breach goes to good character, although the rather strict application of the comprehensive sickness insurance requirement suggests that the default position will be that a breach will bar naturalisation within those ten years.
Does anyone know if point 3 above is actually true and if HO rejects applications on this basis? I read that Guidance document but I found the information there confusing. I wasn't able to find an example in this forum of an unsuccessful application of an EU national due to "overstaying" (for example being a student without CSI). A few people have asked the same question in other posts but they didn't receive a reply. This approach from HO seems very serious and maybe unlawful under EU law?
Note that British citizenship laws are completely separate and independent of 'EU Law'. The EU rules and regulations do not apply to applications for British Citizenship.
Of course EU law may affect applications for British Citizenship. The good character requirements include not having been in the country illegally in the last 10 years. In the document above, on page 27, some cases are described where an EU national would be in the UK "in breach of the Nationality, Immigration
and Asylum Act 2002" - this happens if they are in the UK when not exercising their EU treaty rights since 2002.

Whether this is actually enforced in the good character test of citizenship applications of EU nationals is a different question. (And I'd love to know.)

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muraenidae
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Re: Unsuccessful applications

Post by muraenidae » Fri Jun 15, 2018 2:29 pm

Just re-read your post. If you just mean EU law does not apply to how the British government gives out its citizenship (so their approach would not be "illegal under EU law") - yes, you're probably right.

Ebosiam
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Re: Unsuccessful applications

Post by Ebosiam » Thu Jun 28, 2018 12:30 pm

Hello everyone

Today I have just reicved the good news from the HO about my reconsideration for citizenship my app is been succafull and I’m citizen now after long stressful bettel with HO Allhamad allah I’m off the HO office is hook for good.
I wish everyone the best of luck and big thank you to everyone on this furom for all the help and support.

bilalburri
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Pakistan

Re: Unsuccessful applications

Post by bilalburri » Tue Jul 10, 2018 10:34 am

We made joint naturalisation application including me,my wife and two children based on 5years plus one on ILR.All are granted naturalisation except my wife based on good character requirement due to following.

"Basically we move house back in 2015 and did not update address on car registration paper that was on my wife name although we updated our driving licence thinking that's the only thing we need to do.In early 2017 at one point we forget to pay road tax well on time and so vehicle was clamped but was release within few hours after we pay every thing.later on DVLA send some 80 pounds fine for delay in paying tax but that letter were keep going on our previous address.because of non response DVLA refer the case to court.we had no idea about this until we receive a letter from MARSTON group that a court order(warrant of control) has been issued against my wife to pay 688 pounds fine to pay for "possession of vehicle without licence"--we were absolutely shocked.any how pay the whole fine."

We mention all above in our application for naturalisation with explaination that we were unaware about this fine until were found out by MARSTON but Home office wrote that is not enough ground to be accepted and that becomes the bases for my wife refusal.Do you think we have any legal chance to first make an appeal in court against the original fine and secondly to ask for reconsideration?

nidaulhaque
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Re: Unsuccessful applications

Post by nidaulhaque » Tue Jul 10, 2018 12:32 pm

You need to wait 3 years from court date

Nothing can be done now

Did you mentioned that court case in your application?

When did you made application and when did you get refusal letter?

Hassan0091
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Re: Unsuccessful applications

Post by Hassan0091 » Tue Jul 10, 2018 12:38 pm

bilalburri wrote:
Tue Jul 10, 2018 10:34 am
We made joint naturalisation application including me,my wife and two children based on 5years plus one on ILR.All are granted naturalisation except my wife based on good character requirement due to following.

"Basically we move house back in 2015 and did not update address on car registration paper that was on my wife name although we updated our driving licence thinking that's the only thing we need to do.In early 2017 at one point we forget to pay road tax well on time and so vehicle was clamped but was release within few hours after we pay every thing.later on DVLA send some 80 pounds fine for delay in paying tax but that letter were keep going on our previous address.because of non response DVLA refer the case to court.we had no idea about this until we receive a letter from MARSTON group that a court order(warrant of control) has been issued against my wife to pay 688 pounds fine to pay for "possession of vehicle without licence"--we were absolutely shocked.any how pay the whole fine."

We mention all above in our application for naturalisation with explaination that we were unaware about this fine until were found out by MARSTON but Home office wrote that is not enough ground to be accepted and that becomes the bases for my wife refusal.Do you think we have any legal chance to first make an appeal in court against the original fine and secondly to ask for reconsideration?
Yes i think its a honest mistake....u should apply for reconsideration

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