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ILR decision was delayed for 13 months, eligible for citizen

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

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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ausaf78
Newly Registered
Posts: 2
Joined: Thu Jul 01, 2010 10:41 am
Location: Croydon, UK

ILR decision was delayed for 13 months, eligible for citizen

Post by ausaf78 » Thu Jul 01, 2010 10:50 am

My case [inc. my wife's] for ILR was submitted on priority basis at Croydon Office on 22nd Oct 2008.
UBKA kept the application and advised that they would write me.

They needed some details on my overseas visits which my employer and I provided. They asked the same sort of questions, several times and we replied accordingly.

The last time they called my employer was in Dec 2008. After than I never heard from them until I had get my local MP involved. The response to the MP was almost generic i.e. "Further consideration".

I opened a new case with UKResident and a Professional Lawyer advised me to get the Parliamentary Ombudsman involved. I did the same and by June 2009, my application was ready for MP approval to be sent to Parliamentary Ombudsman.

The MP advised that this would only increase in the paper work load/office work load. Nothing would change at UKBA side.

Another Professional Lawyer at UKResident advised me threatening UKBA with a Judicial Review. I wrote a letter to my MP in August mentioning the same. I believe the MP forwarded my concerns and intentions to UKBA. Then I heard our passports are back to my Solicitor on 6th Nov 2009 with ILR Stamped on 16th Oct and 3rd Nov respectively, followed by MP's letter congratulating me.

What UKBA did to me in August 2009 was awful, they declined my application within the department and re-submitted my application automatically [without informing me or my solicitor]. I came to know about this when I visited overseas in Jan 2010 and on my way back through Heathrow the immigration officer wanted me to verify my case history. When I missed the decline, she insisted that I have not told her something. I couldn’t tell her because I wasn't aware of!!

Then the immigration officer informed me on the above. I asked her to put my comments on the system as I have never been advised on this awful process.

Now the question is, since the decision was delayed for no reason and it wasnt in my hands - Am I eligible for Naturalisation. I dont want to wait until Nov 2010?

Thanks for your replies.

f2k
Diamond Member
Posts: 1423
Joined: Mon Sep 13, 2004 6:14 pm
Location: London

Post by f2k » Thu Jul 01, 2010 9:27 pm

Yes I believe you can. See Discretion

ausaf78
Newly Registered
Posts: 2
Joined: Thu Jul 01, 2010 10:41 am
Location: Croydon, UK

On what basis

Post by ausaf78 » Thu Jul 01, 2010 9:47 pm

On what basis shall I draft/gather my case?

Council's NCS service would not consider my appointment if I dont have 12 month old ILR.

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Thu Jul 01, 2010 10:27 pm

ausaf78, you were treated abysmally, and you might not appreciate the comment I am just about to make. However I make clear I am trying to help.

I make the point that November is only 4 months away. Or put it another way, in 4 months, well certainly less than 5 months time, the application can go in without anyone needing to decide whether you meet the terms of the discretion that has been referred to.

It could even be the case that waiting until November to submit the application could even result in a quicker decision, compared to if you submit the application soon.

In other words, don't give UKBA any reason to treat you badly again. Suggest you do indeed wait until November.
John

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