Unsuccessful application due to absence

Hello Everyone,

My application was refused base on the absence in the last 5 years over 800 days. My previous grant were T1 Entrepreneur 2years + ILR 3years. Nature of my business involved with a lot of travel and oversea deal.
HO didn't mention any other thing on the refuse letter apart from the absence days. However, T1E is allowed to be absence 180days per year.

I applied Naturalisation in Aug19 and it was refused in Dec19. Then, I applied for Reconsideration NR around 20 Dec 2019, Acknowledge letter in Jan20 and I would like to ask how long it will take for Reconsideration normally. And how likely decision would be... in your opinion.

Could anyone share their past experience with timeline please.

Highly appreciate for your help and guidance in advance.

Absence under the UK immigration rules is completely separate to the requirements under the nationality laws for citizenship. What might be accepted for ilr, will not necessarily be accepted for citizenship because they are different rules and requirements.

A reconsideration can take as long as ho deems it necessary to take. There is no set timeline.

The fact that the days of absence didn't cause an issue for ILR in a particular category is irrelevant for the purposes of naturalisation.

The reconsideration process has no time limit. If it gets very long, the delay can be challenged by judicial review. You are nowhere near that length of delay, yet.

I recently did a pre-action protocol for judicial review of delay in a reconsideration application for British Citizenship - the delay was nearly 3 years.

avjones wrote: ↑

Sat Mar 28, 2020 10:56 pm

The fact that the days of absence didn't cause an issue for ILR in a particular category is irrelevant for the purposes of naturalisation.

The reconsideration process has no time limit. If it gets very long, the delay can be challenged by judicial review. You are nowhere near that length of delay, yet.

I recently did a pre-action protocol for judicial review of delay in a reconsideration application for British Citizenship - the delay was nearly 3 years.

You have been going around the forum repeating that you are going for JR. JR is largely pointless and has no merit for nationality applications

That is absolutely not the case.

I've been instructed in many such applications.

avjones wrote: ↑

Sat Mar 28, 2020 11:44 pm

That is absolutely not the case.

I've been instructed in many such applications.

I'll grant you that it is not totally without merit particularly in cases where the was a failure to follow the nationality law. However I would like to see the legal basis for many elements that are discretionary. Are you using PAP to force the HO to make a decision or have you managed to win a legal case against the HO for let's say long delays or rejection due to absences or good character ?

A discretion can be judicially reviewed. A discretion must be exercised lawfully.

OM, R (On the Application Of) v Secretary of State for the Home Office [2016] EWHC 1588 (Admin)


"In any challenge to a refusal of an application on good character grounds the question is not whether the Secretary of State has established that the Claimant was not of good character but rather 'whether she was entitled not to be satisfied that he was of good character' (per Stanley Burnton LJ in SK (Sri Lanka) [2012] EWCA Civ 16 at para. 38. The court can interfere with such a refusal only on well known public law grounds of error of law or irrationality/Wednesbury unreasonableness / procedural unfairness. "

https://www.bailii.org/ew/cases/EWHC/Ad ... /1611.html

https://www.bailii.org/ew/cases/EWHC/Ad ... /1615.html

https://www.bailii.org/ew/cases/EWHC/Ad ... 8/399.html

https://www.bailii.org/ew/cases/EWHC/Ad ... 4/254.html

https://www.bailii.org/ew/cases/EWHC/Ad ... /3513.html