Citizenship application refused and reconsideration

Dear All,

I have received a reply below to my reconsideration application (was refused under Good character), after one year waiting

the letter :

we have received your request for reconsideration of your client's application for naturalisation as a British citizen on 8th December 2017. As soon as we are in a position to reach a decision we will notify you accordingly.

Yours faithfully

Any idea what does that mean ? do I have to wait another year? or it's in progress now with the team?

Many thanks for your help

Users reason for refusal below for members to understand circumstances.

Hafid wrote: ↑

Sun Jan 07, 2018 7:37 pm

Hi All,

I applied for naturalization in 2014 and after received refusal letter in Feb 2017 on Good Character condition.
The letter saying that you were in your country working with a party that has had criminal against humanity so according to that you may be involved with ?!. Is this right?! how they make the decision according to suspicious and not concentrate evidence?
I received letter last month saying that if you want reconsideration you have to pay the £320 for fees and also they mentioned to 6-month waiting period
I am working and paying tax in this country. I have not have any criminal records.

I applied for reconsideration and paid the fees now and waiting for a reply ?

I do not know how long should I have to wait? maybe 2 years or 3 years again ?!

Any idea, please ?

Kind Regards

There is no set time frame for a reconsideration. HO will tkar as long as they need to.

Could you post the EXACT wording of the refusal letter you got lady year, taking out personal details.

Dear All,
I received a letter from the Home office regarding my reconsideration application ;

Can you please explain what is this letter mean ? Does that will change the decision or just look again?

Kind regards


Dear Sir,
it has been agreed that we will reconsider your client's application, this does not mean the application will be approved but the decision will be looked again at and a fresh determination will be made.
In this case, we would ask your client to provide any further information with regards to his previous work.
I would ask that you submit this statement no later than 26 March 2019.

Yours,,,,,
N. Team

Hafid wrote: ↑

Sun Mar 31, 2019 7:55 pm

Dear All,
I received a letter from the Home office regarding my reconsideration application ;

Can you please explain what is this letter mean ? Does that will change the decision or just look again?

Kind regards


Dear Sir,
it has been agreed that we will reconsider your client's application, this does not mean the application will be approved but the decision will be looked again at and a fresh determination will be made.
In this case, we would ask your client to provide any further information with regards to his previous work.
I would ask that you submit this statement no later than 26 March 2019.

Yours,,,,,
N. Team

It means they will reconsider it and look at the previous decision again. It does NOT mean it will be approved.

Presumably you have sent the documentation asked for by the 26th March deadline??

Many thanks for your reply. I already sent my statement.
Is that mean 100% my application will not be approved ?. What is the benefit of reconsideration again?

Kind regards

Hafid wrote: ↑

Sun Mar 31, 2019 8:44 pm

Many thanks for your reply. I already sent my statement.
Is that mean 100% my application will not be approved ?. What is the benefit of reconsideration again?

Kind regards

The letter says that they will reconsider.
Reconsideration is about whether UKVI have applied the law and regulations correctly, or if they made a mistake.

Many thanks.
So, if they discovered that they made a mistake, they have to approve it? Or what is the response will be then?

With Appreciation

Cases have been reported here where reconsideration has led to approval. I cannot comment on cases specifically.

Dear All,
I have recived the below reply to my reconcidration application I made on Jan 2018.
Can you please explian to me whether it is a positve or nagative response ? any idea please ?
I asked my MP and this reply from the home office to my MP.


[ Dear 

Thank you for your email correspondence of 28 January on behalf of Mr ( ) of (Address) about his application for naturalisation as a British citizen.

On  Dcember 2014, Mr (  )  applied for naturalisation as a British citizen. His application was fully considered and refused on  January 2017. On January 2018, Mr (  ) submitted a reconsideration request, which remains outstanding. I am sorry for the delay in reconsidering his case.

I can advise that we make a number of enquiries before reaching a decision on whether to grant citizenship. One of the requirements for naturalisation, set out in nationality law, concerns good character.

Good character is not further defined in nationality law, and a fairly broad view has to be taken when judging whether this requirement has been satisfied. Enquiries in this area are not limited to criminal records or to a person’s activities within the United Kingdom. Nor is there a limit set out in nationality law on the time taken to carry out those enquiries.

As part of the application process, we routinely conduct enquiries with other government departments and external agencies. The extent and length of time taken to complete these varies according to the particular circumstance of each application.

We continue to progress the enquiries in relation to Mr (  ) reconsideration application and these are currently ongoing. Whilst it is not possible to give a definitive timescale for when his case will be considered, please assure Mr (   )  that he will be contacted as soon as these enquiries have been completed and a decision has been made.

Kind regards ]


Appreciate your help

It means that further investigation/checks are being carried out before a decision on whether to approve or refuse can be made.

Hi Hafid
I have a Naturalisation case which applied on October 2015 and has been refused on February 2019 based on Good Character. The refusal reason for my case was very similar to the refusal reason for your case.
Because there were some mistakes, I sent a request for reconsideration to the HO on May 2019 and paid £372 which the money had been taken from my account about two weeks later.
This is more than 11 months which I haven't hear any thing from the HO after I sent my reconsideration request.
If you don't mind I just wanted to ask that what documents did the HO ask you to submit in 2019 please?

Thank you
Maxmilan 13/04/2020

Hi Maxmilan,

Sorry to hear that your case is similar to my case. The home office did not ask for any documents with the rconsidration application. You can send any adocuments that you think it will help you to support your case, but I suggest you seek solicitor advice before sending any documents.

I am waiting reply for two years now and this is what I got now ! . You can ask your MP to made requist on behalf of you.

The quastion is why the home office take so long to reply ?

Best wishes

Honestly, as long you don't post the reason of the initial refusal, everything in this post will be just guesswork. You cannot expect any meaningful advice if you don't share why you have been refused in first place.

Zerubbabel wrote: ↑

Mon Apr 13, 2020 12:27 pm

Honestly, as long you don't post the reason of the initial refusal, everything in this post will be just guesswork. You cannot expect any meaningful advice if you don't share why you have been refused in first place.

??

CR001 wrote: ↑

Sun Mar 03, 2019 12:34 pm

Users reason for refusal below for members to understand circumstances.

Hafid wrote: ↑

Sun Jan 07, 2018 7:37 pm

Hi All,

I applied for naturalization in 2014 and after received refusal letter in Feb 2017 on Good Character condition.
The letter saying that you were in your country working with a party that has had criminal against humanity so according to that you may be involved with ?!. Is this right?! how they make the decision according to suspicious and not concentrate evidence?
I received letter last month saying that if you want reconsideration you have to pay the £320 for fees and also they mentioned to 6-month waiting period
I am working and paying tax in this country. I have not have any criminal records.

I applied for reconsideration and paid the fees now and waiting for a reply ?

I do not know how long should I have to wait? maybe 2 years or 3 years again ?!

Any idea, please ?

Kind Regards

Oups Sorry for that. I read the thread 3 times and I missed that.

Hi Hafid

Thanks for your reply. I hope that you will get a good news about your Naturalisation case soon.
I will be very thankful if you could share with us any new update about your Naturalisation and Reconsideration case please and if I get any response from the HO, I will update and share with you in this forum.

Thank you
Maxmilan 13/04/2020

how they make the decision according to suspicious and not concentrate evidence?

The naturalisation is not a right but a discretionary decision. Meeting the eligibility criteria doesn't guarantee the citizenship but merely allows you to apply. The Secretary of State grants citizenship if "he thinks it fits". The level of discretion is total.

When it comes to crimes against humanity, the standard of proof is very low. They don't wait until they have hard evidence such as testimonies of victims or guilty verdict from an international court.

Less then a reasonable doubt is enough to get you a citizenship refused or delayed forever (A reasonable doubt would get you prosecuted).

They don't need to demonstrate that you committed a crime against humanity, it's enough for them to see an association.

This case in very interesting:
https://www.bailii.org/ew/cases/EWHC/Ad ... /1588.html

One of the challenged point was this:

i) Whether the respondent (=Secretary of State) has acted lawfully in applying a threshold of ''serious doubts' without any or any proper evidential basis in rejecting the Claimant's good character on grounds that '...he has been a willing participant in a joint criminal enterprise and/or involved in or associated with…crimes against humanity'

The appeal was dismissed.

You can also read this document (There must be an updated version but it gives you an idea):

https://assets.publishing.service.gov.u ... crimes.pdf

Maxmilan wrote: ↑

Mon Apr 13, 2020 1:32 pm

Hi Hafid

Thanks for your reply. I hope that you will get a good news about your Naturalisation case soon.
I will be very thankful if you could share with us any new update about your Naturalisation and Reconsideration case please and if I get any response from the HO, I will update and share with you in this forum.

Thank you
Maxmilan 13/04/2020

Would you mind sharing what the name of your home country is ?

Djsuccess wrote: ↑

Mon Apr 13, 2020 9:54 pm

Maxmilan wrote: ↑

Mon Apr 13, 2020 1:32 pm

Hi Hafid

Thanks for your reply. I hope that you will get a good news about your Naturalisation case soon.
I will be very thankful if you could share with us any new update about your Naturalisation and Reconsideration case please and if I get any response from the HO, I will update and share with you in this forum.

Thank you
Maxmilan

Would you mind sharing what the name of your home country is?

No sorry. One of the Middle East Country s.

Hi Zerubbabel,

Thank you very much for your reply.

Please I need your advice on what to do now . Should I keep waiting for hope that one day will reply ? ,
also what should I do if they refused again ?

Now it is two years passed since I send reconsidation application and the last reply I recieved is this March 2020 (posted above)

Is it a legal that I can take them to the high court if they did not reply ? or this is only allowed when they refused my reconsidration ?

Apprtecaite your help

Zerubbabel wrote: ↑

Mon Apr 13, 2020 3:56 pm

how they make the decision according to suspicious and not concentrate evidence?

The naturalisation is not a right but a discretionary decision. Meeting the eligibility criteria doesn't guarantee the citizenship but merely allows you to apply. The Secretary of State grants citizenship if "he thinks it fits". The level of discretion is total.

When it comes to crimes against humanity, the standard of proof is very low. They don't wait until they have hard evidence such as testimonies of victims or guilty verdict from an international court.

Less then a reasonable doubt is enough to get you a citizenship refused or delayed forever (A reasonable doubt would get you prosecuted).

They don't need to demonstrate that you committed a crime against humanity, it's enough for them to see an association.

This case in very interesting:
https://www.bailii.org/ew/cases/EWHC/Ad ... /1588.html

One of the challenged point was this:

i) Whether the respondent (=Secretary of State) has acted lawfully in applying a threshold of ''serious doubts' without any or any proper evidential basis in rejecting the Claimant's good character on grounds that '...he has been a willing participant in a joint criminal enterprise and/or involved in or associated with…crimes against humanity'

The appeal was dismissed.

You can also read this document (There must be an updated version but it gives you an idea):

https://assets.publishing.service.gov.u ... crimes.pdf

Hi Zerubbabel

Thanks for your advice but your answer is not relative to the Hafid's question.
The question is:
When we are waiting for a reconsideration's result and if the reconsideration's result take a long time like my case and Hafid's case what can we do to push the HO to get a quicker response please?
Please advice us if you know the answer.
If anybody else in this forum has an experience about this, I appreciate that if they can share it with us in here please.

Thank you
Maxmilan 14/04/2020

Hi Hafid
Just to let you know that I spoke with somebody who had some experience in Naturalisation Reconsideration and they advised me that if Reconsideration take a long time without any result we can apply for a Judicial Review and send a Pre-action Protocol to the HO just to push them to get a quicker result.
So because your NR application took about two years and mine took about one year and as this is a long time, I think we can apply for a Judicial Review.

Thank you
Maxmilan

Hi Maxmilan,

Many thanks for this information. That is what I am going to do, but I think the situation now with the country lockdown maybe not a good time to ask for Pre-action protocol becuase the HO staff have excuses not to reply on time OR in fact they do not have time to reply ?

maybe somebody have an asnwer in this forum ?

Many thanks

Hafid

Hi Everybody,
I hope all of you are well and safe.

I received email from the Home office after I send them email requesting the progress of my reconsideration application made on 2017.
the email reply below.:

Dear sir,
Thank you for your email of 13.06.2020 regarding your application for British citizenship
Please find the response attached which is exceptionally being sent via email to avoid any delay in posting caused by the corona virus pandemic
Kind regards
Nationality Team
And the doc attached ((( We have received your request for a reconsideration of your naturalisation application and your following e-mail on 13 June 2020. As soon as we are in a position to reach a decision we will notify you accordingly.
Yours sincerely, Nationality Team)))

Any Idea what does these letter means ? .
I was going to send letter in the next few days asking for judicial review if not get reply to my rconsidration application , shall I go ahead with or wait more time ? . it is now two years passed.

Kind regards

Appreciate your help

Hafid

CR001 wrote: ↑

Sun Mar 03, 2019 12:34 pm

Users reason for refusal below for members to understand circumstances.

Hafid wrote: ↑

Sun Jan 07, 2018 7:37 pm

Hi All,

I applied for naturalization in 2014 and after received refusal letter in Feb 2017 on Good Character condition.
The letter saying that you were in your country working with a party that has had criminal against humanity so according to that you may be involved with ?!. Is this right?! how they make the decision according to suspicious and not concentrate evidence?
I received letter last month saying that if you want reconsideration you have to pay the £320 for fees and also they mentioned to 6-month waiting period
I am working and paying tax in this country. I have not have any criminal records.

I applied for reconsideration and paid the fees now and waiting for a reply ?

I do not know how long should I have to wait? maybe 2 years or 3 years again ?!

Any idea, please ?

Kind Regards