Re: Refused British Citizenship due to being in the UK Illeg

Thank you for the clarification The.Watcher.

HI Haru,

I have applied in 3rd October 2014. Even the NCS rang HO to confirm if that will be ok for them to take my application and they said fine.

If I knew this new good character requirement will be published in December 2014 then I shouldn't have applied for it. I will not let this go just like.

I want to use @Amber's suggestion and send them the letter to please refund me NCS Fee + Naturalisation Application Fee + English Test exam that I have to take to apply for Naturalisation.

Previously, if the law changes after you have applied then your application is dealt using old rules but HO being really unfair to just apply the new laws on old application like myself.

I have a question to everyone who has used Amber's letter and if anyone has got their Naturalisation Fees refunded.

Thanks

jefstudent I have the same situation as you. Even I have applied on August 2014 and have refuse from HO because of this new law " good character". Waiting for my solicitor to come back from holiday and she should deal with it. Will try to get money back at list for application. By the way decline received last week from HO.

valhna wrote:jefstudent I have the same situation as you. Even I have applied on August 2014 and have refuse from HO because of this new law " good character". Waiting for my solicitor to come back from holiday and she should deal with it. Will try to get money back at list for application. By the way decline received last week from HO.

sorry valhna to hear that ,if u don't mind to tell us when u applied ? and what was exactly the reason for the refusal ? how long u overstayed ? did u apply for asylum seeker before ? just to let u know that there is no definition of the good character in the british law and the new guide I believe even the home office staff still don't understand it

foufou wrote:

valhna wrote:jefstudent I have the same situation as you. Even I have applied on August 2014 and have refuse from HO because of this new law " good character". Waiting for my solicitor to come back from holiday and she should deal with it. Will try to get money back at list for application. By the way decline received last week from HO.

sorry valhna to hear that ,if u don't mind to tell us when u applied ? and what was exactly the reason for the refusal ? how long u overstayed ? did u apply for asylum seeker before ? just to let u know that there is no definition of the good character in the british law and the new guide I believe even the home office staff still don't understand it

Application Timeline
Eligibility criteria: 5 yr Humanitarian protection + 1yr ILR
Nationality: UKR
Method of application: solicitor
English qualification : Life in the UK & ESOL B3, NVQ Diploma
Date of application sent : 19 April 2014
Date of receipt by UKBA: 21 April 2014
Date of debit of fees: CC -27 April 2014
Date of receipt of acknowledgement: 3 September 2014
Date of receipt of approval: Application refused 13 April 2015


Explanation at the end of the letter from HO:
"Our records indicate that you worked in the UK without permission after being encountered by enforcement officer 08 October 2007. In view of this, the Secretary of State takes the view that you do not meet good character requirement for naturalization and your application has been refused."

Get your solicitor to at least request a refund of fees.

I HAVE APPLIED FOR NATURALISATION FOR CITIZENSHIP YESTERDAY THE 16TH OF APRIL 2015 VIA NCS. AM A BIT WORRIED OF MY APPLICATION BECAUSE I ENTERED THE UK WITH A VISA BUT THEN CLAIM ASYLUM BUT THEN I WAS ILLEGAL FOR FEW MONTNS BEFORE I GOT LEAVE TO REMAIN FOR 5YRS.WILL THAT HAVE ANY IMPACT ON MY APPLICATION PLEASE? AM NEW TO THE SITE PLEASE.MANY THANKS

Application Timeline
Eligibility criteria:5 yrs Humaniterian protection + 1yr ILR
Nationality: Gmb
Method of Application: NSC
English Qualification: Life in the uk and Esol B3
Date of application sent: 22 April 2015
Date receive by ukba : 23 April 2015
Date of Debit Fees : waiting
Date of receive of acknowledgement: waiting
Date receive of Approval: waiting

From my understanding from this platform, i can certainly say that am going be to refuse citizenship because i entered legally then became illegal for few months and thats why am concern that my application will be decline sadly.

Hi

I am new to this forum, what I do need to find out about this new rule re overstaying affecting NATURALISATION application. I was an overstayer for some years, until I put forward an Asylum claim and the Child 7 Year concession they had at the time in August 2005. My question is will the "10 year" count from my application August 2005, or will it count from the period I was granted ILR April 2008, this was granted outside immigration rules, e.g long residence family life etc. So I was not given refugee status.In the time up until ILR I complied with my reporting procedures even been granted permission to work in September 2006.

I have submitted my application, only realising the "10 year rule after". So will keep this forum updated with my application

Application Timeline
Eligibility criteria: Naturalisation
Nationality: Zimbabwean
Method of Application: Post Office recorded delivery
English Qualification: Life in the uk and Esol B3
Date of application sent: 17 April 2015
Date receive by ukba : 20 April 2015
Date of Debit Fees : waiting
Date of receive of acknowledgement: waiting
Date receive of Approval: waiting

Roanne, we are in about the same boat. I'm expecting a determination soon (applied 12/10/2014). Will remember to write something here.

@ weepnotchild, that will be helpful if you do that...hope it turns out well...Have you rang to ask about your application, any feed back or is it a mater of being patient

roanne15 wrote:@ weepnotchild, that will be helpful if you do that...hope it turns out well...Have you rang to ask about your application, any feed back or is it a mater of being patient

I've rung and been told that they have far too many applications. That's the cause of the delay, apparently.
From what I gather from how you described your case, I think you are given temporary stay when you apply for asylum. You can invalidate it if you skip signing on or you're caught working.

WeepNotChild wrote:

roanne15 wrote:@ weepnotchild, that will be helpful if you do that...hope it turns out well...Have you rang to ask about your application, any feed back or is it a mater of being patient

I've rung and been told that they have far too many applications. That's the cause of the delay, apparently.
From what I gather from how you described your case, I think you are given temporary stay when you apply for asylum. You can invalidate it if you skip signing on or you're caught working.

Ok so do you think your 10 year period has elapsed, what l am trying to figure out, is if this time includes when you known to UKBA from the beginning of application (asylum etc), or from when you have been given your status...this is the part that's bugging me...

roanne15 wrote:

WeepNotChild wrote:

roanne15 wrote:@ weepnotchild, that will be helpful if you do that...hope it turns out well...Have you rang to ask about your application, any feed back or is it a mater of being patient

I've rung and been told that they have far too many applications. That's the cause of the delay, apparently.
From what I gather from how you described your case, I think you are given temporary stay when you apply for asylum. You can invalidate it if you skip signing on or you're caught working.

Ok so do you think your 10 year period has elapsed, what l am trying to figure out, is if this time includes when you known to UKBA from the beginning of application (asylum etc), or from when you have been given your status...this is the part that's bugging me...

If you applied for asylum in August 2005 but was "illegal" before then, then the 10-year period expires in August 2015.

i am so stressed out by this 10 year ban, secondly I would like to ask do case workers take into account the details in the application that ILR was given. I was a victim of domestic violence and this is stated in my initial application to Home Office. Will this work in my favour, for them to use their discretion in regards to the period of me being illegal. The factor is also that it will be three and a half months till I was known to home office (application.) I am just praying for a miracle honestly. But this is just stressing me out.

How does one get Amber's attention for certain questions, as I know her knowledge is more informative.

Thanks

Hi Roanne15 sorry about your stress due to the 10 Year ban policy. Actually am in the same situation with you but i have not receive any respond from them since i applied on the 22 April 2015.Hope you get more info from Amber

GOOD LUCK

bintajammeh wrote:Hi Roanne15 sorry about your stress due to the 10 Year ban policy. Actually am in the same situation with you but i have not receive any respond from them since i applied on the 22 April 2015.Hope you get more info from Amber

GOOD LUCK

@bintamammeh thanks for your consolation, this is when im hoping they don't rush the application until after August...When is your 10 year ban policy up?

I have decided to withdraw my application and wait until August 2015. I can't deal with the stress and anxiety not knowing if they will use their discretion for an application put forward 4 months before the 10 year ban is up. So I rather not take the risk. For those that responded to me to reassure me, thank you very much and good luck to all that are awaiting an outcome. Will be praying for you

Hello everyone,
Quick question when this law came into force please?

The rules regarding the definition of good character were modified in December 2014 (I think, 11th December 2014, but I'm not certain).

As the changes only involve redefining what good character means (good character has been a requirement since 1983), from other comments in this forum, it is impacting even applications which were submitted earlier but were not decided by then.

Hi everyone,

We need some help as we don't know what to do, what action should we take please??

This is the reason for the Naturalisation Application refused.


Your client was here without valid leave in UK between 17/11/2005 until 05/03/2014 when he was granted ILR.
Also he was not permitted to work during this time but he was working.
So you have provided documents which clearly shows that your client was working here between August 2006 - April 2014 WITHOUT permission and your client can not therefore satisfy the Criteria of Chapter 18, Annex D, paragraph 9.7 & c of the Nationality Instructions.
So your client application is refused.

He has been working in this country and I can not deny But he has payed his tax and worked with papers always and never claimed benefits.
Thats so unfair

See response in link below.

http://www.immigrationboards.com/britis ... 54-20.html

Hello Amber et al,
Firstly thank you for the informative posts already done. Secondly apologies for the rather long post. My query (on behalf of a friend) follows the advice given by a National Checking Centre this week that she should not send in her naturalisation application in the light of the recent changes to good character requirement. The checking centre phoned HO during her interview and then told her that she should wait until August 2017or it will be refused. The history is:

Entered UK September 2001 (direct from Somalia) with no documentation, claimed asylum within a few days but gave false name, clan etc on the advice of “friends” - got NASS support until refused in 2002: appealed, appeal denied. From then until March 2005 received accommodation and minimal support from a variety of friends, did not work, did not claim benefits, complied with reporting.
March 2005- claimed asylum again, in her real name with all other true details, except that she said she arrived in 2005 not 2001. Got NASS support for about 6 months, then when attending reporting centre was held for interview and told that they already had her fingerprints in the name she used in her 2001 claim - NASS support was withdrawn with a letter saying it was because she had claimed previously. She continue to report regularly, staying again with friends, not working, then without any further communication from HO she received a positive decision with refugee status in August 2007 (for 5 years). In 2009 she successfully got a family reunion visa for her son (then aged 14) who received refugee status in line with her leave.

In 2012 both she and her son successfully applied and received ILR. Last week they took their forms to the checking centre: informed that her son’s application was fine and sent it off. Informed that her application was all correct except that she would ( as above) fall foul of the recent good character indicators. I think they may be mistaken because: although she was here “illegally” from her failed appeal in 2001, she was here legally from April 2005 when she made her second claim. I am still surprised that they even granted her refugee status – the only reason might be that they decided to treat her second claim as a fresh representation / fresh claim. Also at that time (lAugust 2007) the HO was under a lot of pressure to clear old cases. There is ample evidence (established in her brother’s successful tribunal hearing) that HO knew she had claimed twice before they made their decision. To grant refugee status. In applying for ILR and on the naturalisation application she stated that she had formerly been known as and fingerprinted under the name she used in her first application. I think the checking centre just calculated the 10 years from the date she got refugee status rather than the date of her (eventually successful) asylum claim in 2005. Could her rather tortuous route to refugee status be construed as falling foul of immigration law / residence requirements as designated in the new requirements? We have phoned HO and been told ”the calculation starts from the time refugee status was granted.” This seems not right to me: while awaiting the outcome of a claim are you “illegal” ? They offer support and housing via AS S95 or S4.You may technically be liable for removal while reporting but especially when your asylum claim succeeds (as Amber points out I think) your residence requirements count from when HO knew about your claim. I have seen Amber’s sample letter for a reconsideration : if my friend decides to apply anyway, should we put something similar to that in the “extra information” section of AN form? But she cannot risk losing £1005

She cannot afford to pay for legal advice and anyway it seems that this particular problem may depend on decision makers not understanding their own rules (not for the first time !)

We would greatly value any comment you have to make and hope that the post may be useful for others – please say if it should have been posted elsewhere. Thank you

The NCS was right. Your 'friend' needs to wait until August 2017.

The NCS was right. The new reinforced law stating the applicant must be in UK lawfully within the last 10 years without break. According to this poor Somali lady she was stayed UK illegally from 2001 to 2007.