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Good character requirement as refugee (immigration breaches)

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

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keyow
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Good character requirement as refugee (immigration breaches)

Post by keyow » Tue Jul 14, 2015 9:19 am

Good morning all,
First time posting here, I am in the process of making application for naturalisation. I came to the UK in 2005 and was granted indefinite leave to remain in early 2010. After filling the form and providing all the documents needed to my local council I was asked by the NCS official if I came here as a refugee, I answered yes, she then phoned the home office who then said ''I was in the UK illegally between 2006 and 2010 and I should wait until 2020 to apply for citizenship, if I apply now my application will not be successful and will not get the £1005 back'' The NCS official told me to think about it on whether to gamble by sending or not. I am now thinking on what to do. I have friends who we came together and got indefinite at the same time in 2010, they are now British citizens (they applied in 2012 and 2013)
The problem is by 2020 they might change the requirements again (to 20 years if you came here illegally), the fee also goes up every year. Does the rule change every year?
Will I send my application or not? The whole process is making me depressed, I was looking forward to seeing my family (haven't seen my family for 11 years)

With travel document can I travel with it to Uganda or Kenya? (I don't have travel document, will apply if what the home office say is true that I have to wait until 2020 to meet requirements to become British citizen)

secret.simon
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Re: Good character requirement as refugee (immigration breac

Post by secret.simon » Tue Jul 14, 2015 9:56 am

I empathise with you. Many people were caught unawares when this rule was brought in on 11 December 2014. And the way the rule was implemented meant it applied to cases that were already submitted, not just new cases. Had you applied in 2011 or 2012, as your friends did, you would not have had these issues.

But all hope is not lost. If you were a refugee or asylum seeker, Amber has drafted a very good cover letter (that you will need to tailor to yourself) to explain why these rules should not apply to you. It is a gamble, but perhaps the thread below can help

http://www.immigrationboards.com/britis ... 84190.html

t123456789
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Joined: Fri Oct 03, 2014 12:24 pm

Re: Good character requirement as refugee (immigration breac

Post by t123456789 » Tue Jul 14, 2015 6:07 pm

What is your timeline like? If you arrived in 2005 and got ILR in 2010, it sounds like you applied for asylum almost straight away. If you were eventually granted leave to remain (and if you made appeals in time), then you weren't here illegally.

The catch is that you have to had applied for asylum with in reasonable time. This is not defined, but generally 30 days would be rough estimate. Also if you were a minor when you arrived that'd help your case.

keyow
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Joined: Mon Jul 13, 2015 3:26 pm

Re: Good character requirement as refugee (immigration breac

Post by keyow » Tue Jul 14, 2015 7:38 pm

t123456789 wrote:What is your timeline like? If you arrived in 2005 and got ILR in 2010, it sounds like you applied for asylum almost straight away. If you were eventually granted leave to remain (and if you made appeals in time), then you weren't here illegally.

The catch is that you have to had applied for asylum with in reasonable time. This is not defined, but generally 30 days would be rough estimate. Also if you were a minor when you arrived that'd help your case.
arrived in UK in october 2005 at the age of 16
made claim for asylum 2 days later,
my claim for asylum was refused and was granted limited leave to remain until 31 Dec 2005 (on the immigration status document it shows 31 Dec 2005 but on the refusal letter it shows 31 Dec 2006)
I had tribunal in early 2006 but the decision stayed the same (refusal)
Between 2006 and 2010 I was without leave to remain in the UK, I wrote letters to the home office and the reply I get was there is backlog of around 600k of old cases and the home office is in the process of clearing the backlog by 2011.

Out of the blue in early 2010 I got indefinite leave to remain...this is what it says on the letter
''Your case has been reviewed, having fully considered the information you have provided, and because of the individual circumstances of your case, it has been decided to grant you indefinite leave to remain in the United Kingdom. This leave has been granted exceptionally, outside the Immigration Rules. This due to your length of residence in the United Kingdom and compassionate circumstances. This means you are free to stay in this country permanently''

I was supported by social services financially and with accommodation, was also getting income support from 2007. Also got council flat before 2010. I couldn't work due to my status (2006 to 2010)

Update:
NCS at my local council told me they will not send the application, they said I should post it myself. Will make up my mind in next 2 days whether to send it or not.

t123456789
Member
Posts: 246
Joined: Fri Oct 03, 2014 12:24 pm

Re: Good character requirement as refugee (immigration breac

Post by t123456789 » Tue Jul 14, 2015 8:25 pm

Unfortunately not a simple case. I think it's similar to this recent refusal here. The way I understand it, is that because you were granted ILR outside the rules, the original decision for your application still stands and you are considered illegal from your refusal until your recent ILR, ie 2006-2010. The ILR is a sort of parallel decision that doesn't affect the original one.

This is just a guess really, maybe Char, Vinny or Amber will chime in.

t123456789
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Posts: 246
Joined: Fri Oct 03, 2014 12:24 pm

Re: Good character requirement as refugee (immigration breac

Post by t123456789 » Tue Jul 14, 2015 8:37 pm

The residence requirements, you may want to try wade through this from 8.7 on page 22.

keyow
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Joined: Mon Jul 13, 2015 3:26 pm

Re: Good character requirement as refugee (immigration breac

Post by keyow » Wed Jul 15, 2015 10:15 am

am 50/50 on whether to send or not, How often do the home office change the rules regarding good character requirement? is it once every year or every few months?

babe_khyber
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Location: ENGLAND UK

Re: Good character requirement as refugee (immigration breac

Post by babe_khyber » Wed Jul 15, 2015 1:57 pm

Be careful before submitting your application I would suggest seek legal advice from Nationality experts.

I am one of the refugee route applicant and waiting for decision since Feb 2014. Even no criminal or civil offence. Now running 18 month waiting for decision and I don't know when is my waiting is finishing no body know.

Even In my case MP doesn't helped. Just wast timing.

Anyway best of luck.
Babe khyber.

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