Unsuccessful applications

Shaha93 wrote:Hi I receive a letter today from home office said

We have received your request for reconsideration of your naturalisation application on fourth of March 2016 and have taken the £80 reconsideration see as soon as we are in a position to reach a decision re-ring notify you are according

Sounds like a new process. I did not receive any acknowledgement letter when I applied in 2015. Shaha when exactly did you post your reconsideration application ?
Rassel - PR is Permanent Residence.

Please help!
After around 5 months following my application for citizenship, I got a refusal letter from the HO yesterday.
The main reason appears to be the fact that I have not obtained ILR - even though I have documents showing I have been in the UK for over 6 years.

My Briefs:
1. Got married in 08/2009
2. Divorce completed 01/2013
3. Got ROR 04/2013
4. Applied for Naturalisation 10/2015.

From 08/2009 to 10/2015 is a period of 6 years and 2 months. (All treaty exercised)

The HO letter states that " As you have failed to provide evidence that you meet all of the requirements and you have therefore not retained a right of residence following divorce, or that you have resided under the regulations for 5 continuous years to qualify for permanent residence"

The above is incorrect because my passport has the retained rights I obtained after the divorce.
Even though they appear to be saying I need ILR before i can apply, the later part of the quote above seems to be saying if you can show evidence of 5 continuous years needed to get ILR, they will consider that as if you had ILR.
Submitted documents covered over 6 years (plus those of my ex- up till divorce)

I reckon the case worker's conclusion for refusal are not right.

If this is the case, I find it hard to take the lost of the money I have paid using a credit card.

I applied using the 6 years route because a friend of mine applied for naturalisation after 6 years without having obtained ILR after 6 years and was approved last year.

Gurus - please advise. How should I go about this? Is Judicial review the way to go?

From 12 November last year, a document certifying PR is mandatory to be submitted with the application. Also, if you are the non-EU spouse with RoR, you would be expected to have the document certifying PR.

The only option for you would be to ask for a reconsideration, cost is £80. There is no appeal process.

CR001 wrote:From 12 November last year, a document certifying PR is mandatory to be submitted with the application. Also, if you are the non-EU spouse with RoR, you would be expected to have the document certifying PR.

The only option for you would be to ask for a reconsideration, cost is £80. There is no appeal process.

The cost of nationality review is now £272 from 18th March 2016.

Arsal385 wrote:

CR001 wrote:From 12 November last year, a document certifying PR is mandatory to be submitted with the application. Also, if you are the non-EU spouse with RoR, you would be expected to have the document certifying PR.

The only option for you would be to ask for a reconsideration, cost is £80. There is no appeal process.

The cost of nationality review is now £272 from 18th March 2016.

Oops, thanks, forgot about the fee increase last week

rc0906 wrote:Anyone please?

Hello, did you found out if anybody got accepted after waiting for 3 years because of caution or conviction.
Thanks

Hello

Anyone here got rejected because of Criminal Conviction (non-custodial)?? I applied for nationality after waiting for 3 years and its still pending, so just wanted to know if anyone been into this situation before??

Hello Gurus, thanks for the insight and useful info.

If it became compulsory in November 2015 to have obtained a PR before applying for naturalisation and my application was made before then, should I be affected by the new law/rule etc?

Can you please help me to the link / docucment as per the NOV 2015 change?


Regards

admanager wrote:If it became compulsory in November 2015 to have obtained a PR before applying for naturalisation and my application was made before then, should I be affected by the new law/rule etc?

No you won't.

Read more about it here anyway:

https://www.freemovement.org.uk/eu-nati ... lications/

http://www.immigrationboards.com/britis ... 97004.html

Thanks for the link. I learnt new facts there.
For instance, someone has a PR automatically upon residing in the UK for 5 years continuously (and excersing treaty etc) even though he hasn't applied for a PR card/certificate which is another step entirely.

From the link, from 12 Nov 2015, to apply for naturalisation, one is expected to have applied for a PR card not just obtained PR.

On my rejection letter it says one is expected to have obtained PR in the UK for 12 months. Initially I was accepting that but if I have in effect obtained PR (no card) by virtue of residing here for more than 5 years prior to the 12th Nov, 2015, I still don't get it why my application should be rejected.

I was thinking of going to apply for PR card with which I can apply for naturalisation immediately after - and no need to wait for 12 months according to the link. But I don't think I should have to do that if the rule only came to effect when my application was already with the HO.

I need you expert advise still......

Regards

You needed to have obtained PR, and then waited 12 months before applying for citizenship. The guidance does make this abundantly clear. This requirement has been in place for a long time, certainly way back before November 2015.

The only exception is if you are married to a British citizen. In that case, there is no need to wait for the 12 months.

PR card/document has no bearing on PR status, it simply confirms it. Since 12th November 2015 it has been mandatory to include such card/document with a citizenship application (if EEA citizen or family member of one). Obtaining a PR card/document is a simple and relatively cheap process.

Hello,

I submitted my application for British Citizenship on 06.11.2015. It was done at the local Nationality Checking Service. They assured me that the residental qualifying period would be worked out from the day THEY recieved my application (6th November).
Having returned from my holiday a letter was waiting for me last night from the Home Office. They rejected my application, because 'Since 12th November 2015 applicants for naturalisation who have acquired Permanent Residence are required to prove this by providing a document certifying Permanent Residence or a Permanent Residence card issued by the Home Office.'
The letter also says that the fees paid in respect of the application will be refunded in due course.
I submitted my application before the 12th November 2015.
I will be posting a letter to the Home Office after Easter asking to reconsider my application.
Has anybody had a similar experience?
Thanks,
Erika

Erika0117 wrote:Hello,

I submitted my application for British Citizenship on 06.11.2015. It was done at the local Nationality Checking Service. They assured me that the residental qualifying period would be worked out from the day THEY recieved my application (6th November).
Having returned from my holiday a letter was waiting for me last night from the Home Office. They rejected my application, because 'Since 12th November 2015 applicants for naturalisation who have acquired Permanent Residence are required to prove this by providing a document certifying Permanent Residence or a Permanent Residence card issued by the Home Office.'
The letter also says that the fees paid in respect of the application will be refunded in due course.
I submitted my application before the 12th November 2015.
I will be posting a letter to the Home Office after Easter asking to reconsider my application.
Has anybody had a similar experience?
Thanks,
Erika

sorry to hear that , in my experience in 12 December 2014 when they change the rules about overstayed applicants they apply the rules for any decision made after 12 December 2014 regardless when they sent their application , so I think it same for your case . u will be very lucky if u get full refund of the fee paid

Erika0117 wrote:Hello,

I submitted my application for British Citizenship on 06.11.2015. It was done at the local Nationality Checking Service. They assured me that the residental qualifying period would be worked out from the day THEY recieved my application (6th November).
Having returned from my holiday a letter was waiting for me last night from the Home Office. They rejected my application, because 'Since 12th November 2015 applicants for naturalisation who have acquired Permanent Residence are required to prove this by providing a document certifying Permanent Residence or a Permanent Residence card issued by the Home Office.'

Sounds like they have messed up. That requirement was only added for applications from 12/11/15 so should not have applied to you. Would certainly be a good idea to get in touch with them, and if you don't get anywhere, involve your MP. This is certainly the fault of the HO caseworker and not you.

When applications are refused, normally only the ceremony fee (£80) is refunded. If this happens with you, you should certainly kick up some fuss.

could somebody explain me that, what does it mean by this wording, i really did not understand this law or allegation.

'Since 12th November 2015 applicants for naturalisation who have acquired Permanent Residence are required to prove this by providing a document certifying Permanent Residence or a Permanent Residence card issued by the Home Office.

Please explain it to me, I also have PR and going to apply Naturalisation.

What is this noooow? I have already been given PR. What is this now? Can I not apply for Naturalisation now? It is already one year holding this PR. Please tell me, can I not apply for British Citizenship now?

i got headache. Please help

What don't you understand? Have you been issued with a certificate confirming PR as an EU national or a PR card as an EU family member?

I got one letter along with my passport from HomeOffice, when I got PR, stating with this title
" YOU NOW HAVE A RIGHT OF PERMANENT RESIDENCE IN THE UNITED KINGDOM"

is it certificate????

Thanks for the comments.
I received a phone call from the Nationality Checking Service this afternoon. They are looking into what happened as I should not have received that letter...
I an waiting for them to get back to me but in the meantime I have also sent a letter to the Home Office.

Eligibility criteria: 10 year 1yr ILR
Language criteria met: UK DEGREE
Date of application: 04/12/15
Payment method: Credit Card
Date of receipt by UKBA: No email received!
Date of acknowledgement: 05/1/16
Date money gone off account: 03/01/16
Date of letter requesting biometrics: 15/01/16
Biometrics done:17/01/16
Date of approval: REFUSED 24/3/2016


REASON BECAUSE WORKED FULL TIME DURING STUDENT TIME FROM YEAR 2008-2011 AND LIVED OVERSTAYER WHEN EXTENTED MY STUDENT VISA TO TIER 1 GENERAL BACK IN 2013.

ANY SUGGESTIONS PLEASE

uksettle wrote:Eligibility criteria: 10 year 1yr ILR
Language criteria met: UK DEGREE
Date of application: 04/12/15
Payment method: Credit Card
Date of receipt by UKBA: No email received!
Date of acknowledgement: 05/1/16
Date money gone off account: 03/01/16
Date of letter requesting biometrics: 15/01/16
Biometrics done:17/01/16
Date of approval: REFUSED 24/3/2016


REASON BECAUSE WORKED FULL TIME DURING STUDENT TIME FROM YEAR 2008-2011 AND LIVED OVERSTAYER WHEN EXTENTED MY STUDENT VISA TO TIER 1 GENERAL BACK IN 2013.

ANY SUGGESTIONS PLEASE

How you managed to switch to Tier1 from student visa? and how you became overstayer, under these circumstance how did you get ILR. Can you please explain you history.. Also were you working part time before 2008 ?

hello uksettle
did you get ban from the time they refused your application or from the time you were apparently in breach of your visa condition ? when could you apply again?
thanks mate

Uksettle. You can go for a reconsideration but it is highly unlikely that your application will be successful. They main reason is you have been an 35 day overstayer. Im sure most of the applicants who are applying under the 10+ year criteria have worked more than 20hours. So this is not the reason for you applicaiton to be refused. Moreover, HO cannot prove the no of hours worked base on the NI contributions and Payee tax

uk settle.
how come you applied for hsmp in 2013 when the scheme finished in 2011 ?? please clear this thanks