ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

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

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

chrisini77
Newbie
Posts: 32
Joined: Fri Jul 15, 2011 6:45 pm
Contact:

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

Post by chrisini77 » Tue May 05, 2015 5:00 pm

I got a letter from HO about my Naturalisation application made 4th Dec.
The letter stated where an applicant has not been compliant with the UK immigration laws in the 10 year period prior to the date of application the application will normally be refused.

They indicated i was here without a valid leave in the UK between 3 september 2010 when my leave to remain expired and i left the UK 6th August 2011 to my home country to regain entry clearance. the reason for this to happen was my application for my spouse visa 15 August 2010 this was rejected due to funds not taken from my account and got a letter on 26th November 2010 deemed invalid and was asked to reapply.

I reapplied on the 18th of Dec 2010 but got another letter on 11th Jan saying i used the wrong form. i immediately made another application using the right form in Jan received acknowledgement letter 4th of April and was sent a letter for biometrics on 6th April. On the 13th April i received a decision that my application has been refused due to the fact that i made a valid application after my leave to remain expired on the 3rd of september 2010. My wife was the one taking up all the maintenance and up keep as I had to leave my job immediately at the time.

I seeked legal advice and was finally advised to go to my home country to re apply which i did on the 6th of August 2011. So the letter is asking in order that we may give further consideration to your application please state how you were maintaining yourself in the country during this period and provide appropriate evidenceie wage slips, benefit letters, evidence of other income. please provide this information by the 18th May. Failure to send required informationby the given date will result in the application being refused. anyone please advice....thanks

vinny
Moderator
Posts: 32758
Joined: Tue Sep 25, 2007 7:58 pm

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

Post by vinny » Tue May 05, 2015 11:55 pm

Perhaps they may be asking you to incriminate yourself. But you did not work illegally anyway, as you quit your job and your wife was maintaining you.

Moreover, the UKBA's declaration that your application as invalid because of their failure to collect payment was considered by the courts to be an unlawful action on their part, unless they had proof that you were at fault. Therefore, all that stemmed from it should not be held against you, perhaps similar to being Fruit of the poisonous tree?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

roanne15
Newbie
Posts: 39
Joined: Fri Apr 24, 2015 10:16 am

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

Post by roanne15 » Wed May 06, 2015 10:47 am

chrisini77 wrote:I got a letter from HO about my Naturalisation application made 4th Dec.
[color=#FF0000]The letter stated where an applicant has not been compliant with the UK immigration laws in the 10 year period prior to the date of application the application will normally be refused. [/color]

They indicated i was here without a valid leave in the UK between 3 september 2010 when my leave to remain expired and i left the UK 6th August 2011 to my home country to regain entry clearance. the reason for this to happen was my application for my spouse visa 15 August 2010 this was rejected due to funds not taken from my account and got a letter on 26th November 2010 deemed invalid and was asked to reapply.

I reapplied on the 18th of Dec 2010 but got another letter on 11th Jan saying i used the wrong form. i immediately made another application using the right form in Jan received acknowledgement letter 4th of April and was sent a letter for biometrics on 6th April. On the 13th April i received a decision that my application has been refused due to the fact that i made a valid application after my leave to remain expired on the 3rd of september 2010. My wife was the one taking up all the maintenance and up keep as I had to leave my job immediately at the time.

I seeked legal advice and was finally advised to go to my home country to re apply which i did on the 6th of August 2011. So the letter is asking in order that we may give further consideration to your application please state how you were maintaining yourself in the country during this period and provide appropriate evidenceie wage slips, benefit letters, evidence of other income. please provide this information by the 18th May. Failure to send required informationby the given date will result in the application being refused. anyone please advice....thanks
chrisini77
can you confirm when they say you must reapply re not been compliant with the UK immigration laws in the 10 year period prior to the date of application the application will normally be refused...I am still trying to establish if this rule is from when you first made application or is it when you were given legal status...It does not say though you should have status..

chrisini77
Newbie
Posts: 32
Joined: Fri Jul 15, 2011 6:45 pm
Contact:

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

Post by chrisini77 » Thu May 07, 2015 10:33 am

Hi roanne15......the letter was referencing the policy statement stating where an applicant has not been compliant with the UK immigration laws in the 10 year period prior to the date of application the application will normally be refused....as I was here without leave from the dates I have given in my account....

roanne15
Newbie
Posts: 39
Joined: Fri Apr 24, 2015 10:16 am

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

Post by roanne15 » Thu May 07, 2015 10:58 am

chrisini77 wrote:Hi roanne15......the letter was referencing the policy statement stating where an applicant has not been compliant with the UK immigration laws in the 10 year period prior to the date of application the application will normally be refused....as I was here without leave from the dates I have given in my account....
Chrisini

I understand it now...Thanks for the clarity hope something works out for you.

gnantha
Newly Registered
Posts: 11
Joined: Thu Apr 09, 2015 11:12 pm

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

Post by gnantha » Thu May 07, 2015 2:17 pm

Thought this post could benefit some, Just received mail confirmation from Home office (after fourty five days wait) regarding my wife's illegal entry which reads,

Home office:

Thank you for the email.

It is a matter of discretion for the caseworker to exercise. If you read the information I give you on the last email it would seem that the caseworker can waive the breach as you was granted.

My Wife:

Thank for your reply.
I would be grateful if you can clarify me if on basis of newly issued good character guidance annex D that I can apply now or to wait for completion of ten years due to illegal arrival in UK.

Your prompt response is much appreciated.

Home office:(last email)

Thank you for the email and I apologise for the delay in responding.

A person who entered the United Kingdom clandestinely and presented himself without delay to the immigration authorities following arrival or was detected by the immigration authorities shortly after arrival. In either case, the maximum period involved should normally be 1 month but, if there are extenuating circumstances, it may be longer. In these cases we can waive the breach that occurred from entry until the person’s first application for leave/asylum has been finally determined, provided the application resulted in a grant of refugee status or other leave;

san2014
Junior Member
Posts: 60
Joined: Tue Nov 04, 2014 6:41 pm

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

Post by san2014 » Thu May 07, 2015 3:58 pm

gnantha wrote:Thought this post could benefit some, Just received mail confirmation from Home office (after fourty five days wait) regarding my wife's illegal entry which reads,

Home office:

Thank you for the email.

It is a matter of discretion for the caseworker to exercise. If you read the information I give you on the last email it would seem that the caseworker can waive the breach as you was granted.

My Wife:

Thank for your reply.
I would be grateful if you can clarify me if on basis of newly issued good character guidance annex D that I can apply now or to wait for completion of ten years due to illegal arrival in UK.

Your prompt response is much appreciated.

Home office:(last email)

Thank you for the email and I apologise for the delay in responding.

A person who entered the United Kingdom clandestinely and presented himself without delay to the immigration authorities following arrival or was detected by the immigration authorities shortly after arrival. In either case, the maximum period involved should normally be 1 month but, if there are extenuating circumstances, it may be longer. In these cases we can waive the breach that occurred from entry until the person’s first application for leave/asylum has been finally determined, provided the application resulted in a grant of refugee status or other leave;
Hello gnantha,
Would you mind to say how do you contact the caseworker please?

Thanks

gnantha
Newly Registered
Posts: 11
Joined: Thu Apr 09, 2015 11:12 pm

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

Post by gnantha » Thu May 07, 2015 4:56 pm

Not at all, this one from home office is in response to the enquiry made by my wife to FurtherNationalityEnquiries@homeoffice.gsi.gov.uk

hope above answered your question.

san2014
Junior Member
Posts: 60
Joined: Tue Nov 04, 2014 6:41 pm

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

Post by san2014 » Thu May 07, 2015 5:16 pm

gnantha wrote:Not at all, this one from home office is in response to the enquiry made by my wife to FurtherNationalityEnquiries@homeoffice.gsi.gov.uk

hope above answered your question.
Thanks a lot

bintajammeh
Newly Registered
Posts: 7
Joined: Tue Apr 21, 2015 7:36 pm
Location: sheffield

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

Post by bintajammeh » Tue May 19, 2015 7:47 pm

bintajammeh wrote: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.

Home office has debited my account on monday the 18th of may 2015,i received acknowledgement today by email.The letter states my application will be process within 6 months but if there are any changes they will notify me:

everyday_4_u
Member
Posts: 127
Joined: Sun Feb 07, 2010 8:45 am
Contact:

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

Post by everyday_4_u » Sat May 23, 2015 12:31 pm

Method of Application: NCS
Date of Application: 21-01-2015
Eligibility Criteria : Spouse (3 years)
Application Received Date: 22-01-2015
Payment Method and Clearance: CC cleared on 29-01-2015
Date Of Acknowledgment: 02-02-2015 Letter dated (28-01-2015)
Refused: 19th May 2015

The reason of refusal link back to 2010 because i was refused that time under Paragraph 322 (1A) on false representation there any leave to remain or entry clearance application is likely to be refused under 320 (7B) of immigration rule unless i apply for spouse visa from home country. This time application refused based on Good character requirement but i am advise to apply after October 2020 but also given reconsideration form along refusal letter.
Can some one kindly suggest or advise what should i do? Is there any chance of success if apply for re consideration? Anyone know good Solicitor in London area?

Amber
Moderator
Posts: 17445
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:

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

Post by Amber » Mon May 25, 2015 3:33 pm

**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

chrisini77
Newbie
Posts: 32
Joined: Fri Jul 15, 2011 6:45 pm
Contact:

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

Post by chrisini77 » Sat May 30, 2015 8:50 am

chrisini77 wrote:I got a letter from HO about my Naturalisation application made 4th Dec.
The letter stated where an applicant has not been compliant with the UK immigration laws in the 10 year period prior to the date of application the application will normally be refused.

They indicated i was here without a valid leave in the UK between 3 september 2010 when my leave to remain expired and i left the UK 6th August 2011 to my home country to regain entry clearance. the reason for this to happen was my application for my spouse visa 15 August 2010 this was rejected due to funds not taken from my account and got a letter on 26th November 2010 deemed invalid and was asked to reapply.

I reapplied on the 18th of Dec 2010 but got another letter on 11th Jan saying i used the wrong form. i immediately made another application using the right form in Jan received acknowledgement letter 4th of April and was sent a letter for biometrics on 6th April. On the 13th April i received a decision that my application has been refused due to the fact that i made a valid application after my leave to remain expired on the 3rd of september 2010. My wife was the one taking up all the maintenance and up keep as I had to leave my job immediately at the time.

I seeked legal advice and was finally advised to go to my home country to re apply which i did on the 6th of August 2011. So the letter is asking in order that we may give further consideration to your application please state how you were maintaining yourself in the country during this period and provide appropriate evidenceie wage slips, benefit letters, evidence of other income. please provide this information by the 18th May. Failure to send required informationby the given date will result in the application being refused. anyone please advice....thanks
I finally got a brown envelope today with my application approved and waiting for my ceremony letter...thanks everyone who contributed and shared stories on this forum.....

akwadouala
Newly Registered
Posts: 20
Joined: Sat Sep 20, 2014 9:51 am

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

Post by akwadouala » Fri Jun 05, 2015 7:01 pm

I enter in the UK clandestinely on 05/01/2003,claim asylum on 06/01/2003 was on temporary admission follow asylum application since 2003, further submission for the same asylum application in 2011 and discretionary leave to remain for 3 years granted follow my first asylum application .In 2013 apply for settlement base on 10 years lawful long residence in the uk(follow the guidance How to consider temporary admission as lawful residence) application granted on 21/10/2013 and today see what I receive.

I refer to your application for naturalisation as a British citizen under section 6(1) of the British Nationality Act 1981. An applicant under this provision is expected to meet certain residenúl requirements. The requirements are set out-on our website at www.gov.uk/becomtng-a-britishcitizen.

One of the requirements is that an applicant was not in breach of the immigration laws at any time during his 'qualifying period' of residence. Your application was received at the Home Office on 27 June 2014 and so the qualifying period is from 27 June 2014 to 28 June 2009.

As you were in the UK in breach of the immigration laws from 17 October 2003; (when all appeal rights were exhausted) to 21 October 2011 (granted discretionary leave to 20 October 2014), this requirement is not met.

The Home Secretary has to disregard a breach of the immigration laws for the purposes of an application for naturalisation. To ensure the discretion is applied rationally and consistently, an established policy is followed; this policy is published in the Nationality Staff Instructions on our website (go to 'Policy and law' > 'Staff Guidance, instructions and country information' > 'Nationality instructions' > 'Volume_l' > 'Chapter 18' > 'Annex B' > paragraph 8.10).

You note to have been granted temporary admission from 05 January 2003 to 21 October 2011 as such you had leave which did not expire. However, this is not the case and discretion does not apply under Chapter 18 Annex B paragraph 8.7.

If an asylum claim was made while the applicant was in the UK illegally (for example, as an overstayer or following clandestine entry), the applicant will have been in the UK in breach of the immigration laws until such time s/he was finally granted leave to remain in the UK. In other words, such a person will have been 'in breach...' throughout the period his or her application (and any subsequent appeal) was being considered. This will have been the case irrespective of any temporary admission they may or may not have been given following detection.

A breach of immigration laws would not normally be disregarded in any circumstances other than those defined in the policy. As you do not come within the published criteria, nor is there reason to exercise discretion exceptionally outside these criteria, the application is refused.

If you still wish to become a British citizen, a fresh application for naturalisation must be made. An can be made at any time but you are advised to ensure, as far as possible, that the residence and other requirements are met before doing so, In this respect, I should point out that an application made before 21 October 2016 ( 5 years after the breach ended), is unlikely to be successful. I cannot say in advance of an application what the outcome will be as this will depend on the results of enquiries made at the time to ensure that the requirements are met.

In addition, before submitting a fresh application, you should ensure that you have fully complied with UK Immigration laws in the ten years prior to the date of application

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 refunded in the case of an unsuccessful application where a ceremony is not required.

gnantha
Newly Registered
Posts: 11
Joined: Thu Apr 09, 2015 11:12 pm

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

Post by gnantha » Fri Jun 05, 2015 9:31 pm

Hello, sorry to hear about the refusal. But not to loose hope. There may be a way to ask for reconsideration and senior members will be able to advise in due course. if you don't mind could you please confirm you had temporary permission to remain in UK continuously without any break till you been granted discretionary leave in 20th October 2011 i.e. between 05 January 2003 to 21 October 2011? Reason why I am asking is because case worker given following reason for refusal "You note to have been granted temporary admission from 05 January 2003 to 21 October 2011 as such you had leave which did not expire. However, this is not the case and discretion does not apply under Chapter 18 Annex B paragraph 8.7."

foufou
Junior Member
Posts: 98
Joined: Mon Apr 20, 2015 8:11 pm

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

Post by foufou » Fri Jun 05, 2015 9:47 pm

sorry to hear that mate ,it's look complicated , do you have a residence visa from 2003 to 2011 ? if not it's look like home office are right , and if you had P.R on 21/10/2013 you can't apply for naturalisation before 21/10/2014 ( 12 months unless u married to a british ) but according to the letter your application was submitted on 06/2014

akwadouala
Newly Registered
Posts: 20
Joined: Sat Sep 20, 2014 9:51 am

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

Post by akwadouala » Fri Jun 05, 2015 9:53 pm

That was not the case .I sough discretion for that indefinite leave to remain took Home Office more than 6 months to reach a decision

akwadouala
Newly Registered
Posts: 20
Joined: Sat Sep 20, 2014 9:51 am

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

Post by akwadouala » Fri Jun 05, 2015 9:54 pm

gnantha wrote:Hello, sorry to hear about the refusal. But not to loose hope. There may be a way to ask for reconsideration and senior members will be able to advise in due course. if you don't mind could you please confirm you had temporary permission to remain in UK continuously without any break till you been granted discretionary leave in 20th October 2011 i.e. between 05 January 2003 to 21 October 2011? Reason why I am asking is because case worker given following reason for refusal "You note to have been granted temporary admission from 05 January 2003 to 21 October 2011 as such you had leave which did not expire. However, this is not the case and discretion does not apply under Chapter 18 Annex B paragraph 8.7."
yes I can confirm

foufou
Junior Member
Posts: 98
Joined: Mon Apr 20, 2015 8:11 pm

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

Post by foufou » Fri Jun 05, 2015 10:04 pm

akwadouala wrote:
gnantha wrote:Hello, sorry to hear about the refusal. But not to loose hope. There may be a way to ask for reconsideration and senior members will be able to advise in due course. if you don't mind could you please confirm you had temporary permission to remain in UK continuously without any break till you been granted discretionary leave in 20th October 2011 i.e. between 05 January 2003 to 21 October 2011? Reason why I am asking is because case worker given following reason for refusal "You note to have been granted temporary admission from 05 January 2003 to 21 October 2011 as such you had leave which did not expire. However, this is not the case and discretion does not apply under Chapter 18 Annex B paragraph 8.7."
yes I can confirm
when u was granted P.R ?

akwadouala
Newly Registered
Posts: 20
Joined: Sat Sep 20, 2014 9:51 am

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

Post by akwadouala » Fri Jun 05, 2015 10:12 pm

when u was granted P.R ?[/quote]
(ILR) GRANTED ON 21/10/2013

akwadouala
Newly Registered
Posts: 20
Joined: Sat Sep 20, 2014 9:51 am

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

Post by akwadouala » Sat Jun 06, 2015 12:27 pm

Thanks Casa.yes there was a breach regarding clandestine but 10 years are lapsed. also there is a discretion to wave a short breach (1 month) enter in the UK on 05/01/2003 went to immigration service on 06/01/2003

Betty120670
Newly Registered
Posts: 3
Joined: Sat Jun 13, 2015 3:03 pm

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

Post by Betty120670 » Sat Jun 13, 2015 3:27 pm

Hello everyone,
I am a newbie :) So, I am in the same situation as people in this post. I came to the UK in 2007 June, applied for asylum on the next day of my arrival as it was to late to go to the HO same day. I was granted a 5 year leave to remain in October 2007. So, fast forward 5 years, in 2012 I applied for ILR and granted straight away. 12 months after ILR in (2014) I started the Naturalisation process but due to moving and other factors it has been pushed and I finally managed to complete the application form, referee, passed my life in the UK test and went to the council for NCS (January 2015) to be told I have to wait 10 years which is 2017, due to new rule in December Good character.

I went to CAB for advice and they arranged for me to see a solicitor for legal advice, now the guy (solicitor) told me with good representation I could apply for naturalisation but the charge is an eye watering £700.00 on top of naturalisation fee :? Now If it is possible to argue article 31 I want to do it myself. Do you guys think it is possible? if so I will happily accept any suggestions.
Thanks
Betty

gnantha
Newly Registered
Posts: 11
Joined: Thu Apr 09, 2015 11:12 pm

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

Post by gnantha » Sat Jun 13, 2015 6:59 pm

Hello Betty,

There is a discretion that caseworker can apply in your case if you can satisfy caseworker that one day gap is not of your own fault. If I was you I would ring home office for advise if NCS have not already done so.

Betty120670
Newly Registered
Posts: 3
Joined: Sat Jun 13, 2015 3:03 pm

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

Post by Betty120670 » Sun Jun 14, 2015 11:22 am

gnantha wrote:Hello Betty,

There is a discretion that caseworker can apply in your case if you can satisfy caseworker that one day gap is not of your own fault. If I was you I would ring home office for advise if NCS have not already done so.
Thanks for your reply Gnantha, can I ask what the home office contact number is? I got one from their website but it doesn't give me the option to speak to an advisor. The NCS did phoned to HO but he didn't give them much detail about my situation, it was a brief conversation. I really am unhappy about NCS. It was like £50 for nothing :(

what worries me most is if I have to sit and wait until 2017 I am going to loose on my test fee as the rule might change by then, if I will go ahead and apply and refused even worst I am going to loose the naturalisation fee. I am not confident enough to argue and win HO if they refuse me due to the 10 years ban.

any thought?
Thanks
Betty

Mahm256
Newbie
Posts: 38
Joined: Thu Feb 05, 2015 10:28 am

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

Post by Mahm256 » Wed Jun 17, 2015 3:06 pm

Betty120670 wrote:Hello everyone,
I am a newbie :) So, I am in the same situation as people in this post. I came to the UK in 2007 June, applied for asylum on the next day of my arrival as it was to late to go to the HO same day. I was granted a 5 year leave to remain in October 2007. So, fast forward 5 years, in 2012 I applied for ILR and granted straight away. 12 months after ILR in (2014) I started the Naturalisation process but due to moving and other factors it has been pushed and I finally managed to complete the application form, referee, passed my life in the UK test and went to the council for NCS (January 2015) to be told I have to wait 10 years which is 2017, due to new rule in December Good character.

I went to CAB for advice and they arranged for me to see a solicitor for legal advice, now the guy (solicitor) told me with good representation I could apply for naturalisation but the charge is an eye watering £700.00 on top of naturalisation fee :? Now If it is possible to argue article 31 I want to do it myself. Do you guys think it is possible? if so I will happily accept any suggestions.
Thanks
Betty
A day of overstaying is not good enough reason for your application to be denied besides, caseworkers have the opportunity to exercise a discretion in cases where the applicant overstayed for less than one month. In cases where it is over one month, an applicant as to give compelling reasons why they overstayed and still a discretion can be applied. Anything over one month is more risky but there have been cases where applicants were successful.

Just mention in your covering letter that you could not apply for asylum on the day of arrival because it was too late however you applied the following day. I am certain you wont be refused for just a day.

Good Luck.

Locked
cron