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

foufou wrote:please if any body know how long they make decision on reconsideration application ? do u think using a legal advice is make different
thanks

Simroz wrote: He had work permit but not for the company he was working for . that's why he didn't let home office know.

Simroz wrote:Hi Amber,

I have a question. My husband came to this country on student visa in 2002.He got his work permit in 2007 and worked for that company for 1 year. Then he switched after a year to the new job and worked till 2011 ( 3 years) for that company but didn't inform home office about change of his job because his new company was not ready for apply his work permit. He sort of illegally working for that period of time. After that he switched to my dependent visa (for last 4 years) and secure his ILR on 10 year basis last year August.
My question is he wants to apply for British citizenship, but with the new checks about 10 year employment records what are the chances that he will get caught ? if he would , is there any danger to his PR status and also my son british nationality>>
I am on tier 2 now and would apply for PR March 2016.

Please help??

armaanm wrote:My Friend entered the UK illegally and claimed Asylum 17th October 2003 this was refused on 06th August 2004. He was required to report to Home office as was given TA which he failed to do so on several occasion and absconded .
He applied for residence card on 26th Feb 2009 which was granted in October 2009 for 5 years .

He applied for citizenship and has been refused because he was not compliant with UK Immigration Laws. And has been advised that he can apply in October 2019.

can you please advise what to do ?

Mahm256 wrote:

Simroz wrote:Hi Amber,

I have a question. My husband came to this country on student visa in 2002.He got his work permit in 2007 and worked for that company for 1 year. Then he switched after a year to the new job and worked till 2011 ( 3 years) for that company but didn't inform home office about change of his job because his new company was not ready for apply his work permit. He sort of illegally working for that period of time. After that he switched to my dependent visa (for last 4 years) and secure his ILR on 10 year basis last year August.
My question is he wants to apply for British citizenship, but with the new checks about 10 year employment records what are the chances that he will get caught ? if he would , is there any danger to his PR status and also my son british nationality>>
I am on tier 2 now and would apply for PR March 2016.

Please help??

can anyone reply ????

Simroz wrote:

Mahm256 wrote:

Simroz wrote:Hi Amber,

I have a question. My husband came to this country on student visa in 2002.He got his work permit in 2007 and worked for that company for 1 year. Then he switched after a year to the new job and worked till 2011 ( 3 years) for that company but didn't inform home office about change of his job because his new company was not ready for apply his work permit. He sort of illegally working for that period of time. After that he switched to my dependent visa (for last 4 years) and secure his ILR on 10 year basis last year August.
My question is he wants to apply for British citizenship, but with the new checks about 10 year employment records what are the chances that he will get caught ? if he would , is there any danger to his PR status and also my son british nationality>>
I am on tier 2 now and would apply for PR March 2016.

Please help??

can anyone reply ????

Please Amber Help -

WeepNotChild wrote:Got a refusal from the HO today 25/07/15. The refusal paragraph states,
"You were granted temporary admission to the UK on the 15 April 2008. Applicants are normally given Temporary admission to a specific address, and as such must not change address without obtaining permission from the UK Border Agency. They are also required to report to an immigration officer or a police officer at specified intervals. If they fail to report they will be treated as an absconder. Upon checking Home Office records, it has been noted that you failed to report as required throughout January, February and March 2009 and was therefore deemed an absconder. You failed to make any contact with the Home Office until December 2010, when you submitted further submissions in relation to your refused asylum application. You were therefore not compliant with immigration laws from January 2009 to December 2010."
Any advice regarding reconsideration is highly appreciated.

Daniel97 wrote:HELP PLS
Can you tell me when i can apply for naturalisation,
I came to uk on 6 months visitor visa in February 2002,
Visa expired in August 2002,
Married a British citizen in May 2002,
Lodge FLRM application in July 2002,
Application refused in April 2004,
HO issued temporary admission to me,to be sign on,once every week,which i did for 5 years,
All appeals for the application of April 2004,exhausted in 2007,
Contact HO for reconsideration in 2008,HO advice to lodge another application on FLRO in 2008,on family life,while still on temporary Admission(reporting to HO once a week)
Application of 2008 (FLRO)granted in July 2009-July 2012,
Extension granted from July 2012-2015,
Indefinite granted July 2015,
Still married to the same British citizen,
So when do you think i can apply for citizenship,thanks

orsino2olivia wrote:Hi Amber,
can you advise me in my case regarding British naturalization application as a refugee? my immigration history is as below:

Enter UK with student visa 2008
Applied asylum next day without passport ( the agent took passport from me at the airport and disappeared)
Granted Rfugee status in a month time
Got ILR after 5 years
Submitted Naturalization application after 1 year ( submitted June 2015)
No criminal history , no absences etc
...............................................................
Do you think I can be refused citizenship due to this good character requirement of illegal entry?? I think there are thousands if similar cases , so your suggestion would be beneficial to a lot of people. Thanks

orsino2olivia wrote:Hi Amber,
can you advise me in my case regarding British naturalization application as a refugee? my immigration history is as below:

Enter UK with student visa
Applied asylum without passport ( the agent took passport from me at the airport and disappeared)
Granted Rfugee status in a month time
Got ILR after 5 years
Submitted Naturalization application after 1 year ( submitted June 2015)
No criminal history , no absences etc
...............................................................
Do you think I can be refused citizenship due to this good character requirement of illegal entry?? I think there are thousands if similar cases , so your suggestion would be beneficial to a lot of people. Thanks

Rassel wrote:apply for reconsideration june 2015
after passing 2 months speak to my local mp,
he got response today from H/O.
it'll take up to six months.

Amber wrote:As per the updated FAQ (click) regarding the Good Character requirement (click), we have seen a number of refusals relating to a period where the applicant was in the UK illegally and this has attracted a 10 year ban from applying for citizenship from the period in which the applicant became known to the Home Office.

However, recent amendments to the residence guidance (click) suggests that the changes of the Good Character requirements are not meant to target Refugee's.

I have created the following letter which may be used by those who are refused due to a period of being in the UK unlawfully. This is generally aimed at those who were in the UK unlawfully at a time when they had or were about to make an Asylum claim and were subsequently granted Refugee Status. The below letter is just an example and should be modified for your particular case.

Complete form NR - https://www.gov.uk/government/uploads/s ... orm-nr.pdf pay £80

Add the following:

Dear Sir or Madam,

RE: Your details; name, address, DOB and Home Office ref.

I am requesting a reconsideration of the naturalisation decision dated xx/yy/zzzz. The reason I request this reconsideration is because I believe that my case has not been considered sufficiently.

My recent application for naturilisation was refused due to the period I was in the United Kingdom without leave to remain. It was suggested that this period without lawful residence cast doubt on my character. As you are aware, the Secretary of State has the discretion to grant citizenship where s(he) is satisfied that, inter alia, the applicant is of Good Character. The recent amendments (December 2014) to Annex D: the good character requirement guidance, stipulates that where the applicant entered the UK illegally the application should normally be refused for a 10 year period from the date in which the applicant came to the attention of the Home Office. I have highlighted the word normally, which indicates there is discretion to allow such applications before a 10 year period has lapsed.

I entered the UK as a clandestine in December 2007, at the time I was a child. I was soon in contact with Child Social Services at the local authority and I came to the attention of the Home Office in February 2008. An asylum application was submitted and I was granted Refugee Status in 2008, whilst I was still a child. I was subsequently granted settled status (ILR) in 2013. In order for you to consider whether the period I was in the UK illegally should be a reason for refusal, I would like to draw your attention to Annex B to Chapter 18, specifically paragraphs 8.8 – 8.11.

You should normally exercise discretion to disregard a breach of the immigration laws (i.e. a period of unlawful residence) where there are reasons which were clearly outside of my control. As per paragraph 8.10 an example is that the breach occurred at a time when the applicant was a minor, which was the circumstance in my case. I wish to highlight that I was a child until after my immigration application was granted. Moreover, another example, in the same paragraph is where the applicant entered as a clandestine and came to the attention of the Home Office shortly after arrival, this is usually within one month, however, considering I was a child, a two month period should be considered shortly. In addition, as per paragraph 8.11, discretion should be limited to cases where the breach of immigration law was not substantial or deliberate. In my case, the breach was not deliberate, I was a minor, facing persecution, and I had little option but to come to the UK as to avoid inhumane treatment. The breach should not be considered substantial as I came to the attention of the Home Office shortly after my arrival. After my stay was regularised, there were no further breaches and no other issue relating to my character.

Finally, I wish to highlight Section 31 of the immigration and Asylum Act 1999 and Article 31 of the Refugee Convention which states that Contracting States (such as the UK) should not impose penalties on account of illegal entry or presence in the UK. Moreover, under Article 34 of the Refugee Convention the UK is obliged to facilitate the naturalisation of refugees, this includes expedition of proceedings. A 10 year ban appears to be contrary to both Articles of the Refugee Convention and Section 31 of the immigration and Asylum Act 1999.

To summate, I have given clear reasons, with reference to your own guidance which illustrates that the short period I was in the UK illegally should be disregarded and that you should use your discretion and grant my application for citizenship. Not to do so will be ultra vires and I will have little option but to seek Judicial Review of the decision.

Yours Faithfully

Name

Rassel wrote: Unfortunately, these changes will prevent almost all refugees from qualifying for British citizenship for at least 10 years from their date of entry, as opposed to six years at present. This is arguably contrary to Article 31 of the Refugee Convention and certainly contrary to Article 34.

So you will be refuse, better to apply after 10 years, after receiving your refugees status.

t123456789 wrote:

Rassel wrote: Unfortunately, these changes will prevent almost all refugees from qualifying for British citizenship for at least 10 years from their date of entry, as opposed to six years at present. This is arguably contrary to Article 31 of the Refugee Convention and certainly contrary to Article 34.

So you will be refuse, better to apply after 10 years, after receiving your refugees status.

This is most likely wrong. OP applied the day after arriving. If you apply within 30 days, they should apply discretion and ignore the illegal period. The actual length of time is not set, but decided on a per case basis, but all refugee/asylum seekers should at least get the 30 days.