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I want to appeal as an illegal entrant

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uklifetest
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how an asylum get BC

Post by uklifetest » Wed Aug 05, 2020 11:37 am

Hi I was defined as an illegal entrant when applying as the asylum seeker.
do I not eligible to apply for BC as I branched an immigration act?
anyone knows if I can appeal such decision as an illegal entrant before applying BC?
thanks

uklifetest
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I want to appeal as an illegal entrant

Post by uklifetest » Wed Aug 05, 2020 11:41 am

Hi I am an asylum seeker and I was defined as an illegal entrant.
I would like to make an appeal for that decision and I think I would not be able to be asylum and get BC.

anyone know what should I do??
thanks

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Re: how an asylum get BC

Post by CR001 » Wed Aug 05, 2020 11:41 am

There is no appeal right or process for refused British citizenship applications. It is not an immigration rules application but a Nationality LAW application.

What is your full UK immigration history??

How did you enter the UK?

Do you hold ILR??
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Re: I want to appeal as an illegal entrant

Post by CR001 » Wed Aug 05, 2020 11:43 am

uklifetest wrote:
Wed Aug 05, 2020 11:41 am
Hi I am an asylum seeker and I was defined as an illegal entrant.
I would like to make an appeal for that decision and I think I would not be able to be asylum and get BC.

anyone know what should I do??
thanks
Appeal what exactly? If you entered the UK illegally, you cannot change what it is through an appeal.

How did you enter the UK?? What is your immigration history?

What is your current UK Immigration status? You state about getting asylum and British citizen. There is a whole minimum 5 year legal stay process involved BEFORE you can even consider applying for citizenship.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

uklifetest
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Re: I want to appeal as an illegal entrant

Post by uklifetest » Wed Aug 05, 2020 12:50 pm

hi I entered UK without a visa.
because initially I do not need a visa to enter the UK
but I do not know they treated me as an illegal entrant as they said I do not have a visa.

I would like to appeal such decision as I was not entered as an illegal entrant as I do NOT need a visa to enter the UK.

so im worrying this fact would affect I claim my asylum and later staying for 5 years to get a BC.

uklifetest
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Re: how an asylum get BC

Post by uklifetest » Wed Aug 05, 2020 12:54 pm

I entered UK without a visa.
initially I do not need a visa to enter the UK.
I do not see myself as an illegal entrant.

I am still waiting for the asylum decision.
I just read one of the letter today and found out this.
im worrying even I was grant asylum and have staying in the UK for 5 years. I won't be eligible to get a BC.

am I right?
thanks

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Re: I want to appeal as an illegal entrant

Post by CR001 » Wed Aug 05, 2020 1:03 pm

uklifetest wrote:
Wed Aug 05, 2020 12:50 pm
hi I entered UK without a visa.
because initially I do not need a visa to enter the UK
but I do not know they treated me as an illegal entrant as they said I do not have a visa.

I would like to appeal such decision as I was not entered as an illegal entrant as I do NOT need a visa to enter the UK.

so im worrying this fact would affect I claim my asylum and later staying for 5 years to get a BC.
How did you arrive in the UK?? Plane, boat, back of a truck......??

What is your nationality? Your profile flag indicates Pakistan.

How long were you in the UK before claiming asylum?

If i was you, I would suggest you concentrate on your asylum application and stop worrying about British citizenship.
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uklifetest
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Re: I want to appeal as an illegal entrant

Post by uklifetest » Wed Aug 05, 2020 1:12 pm

no I entered at the UK border and I have sought legal advise thereafter. they said the staffs are not well trained. there are many illegal entrants but not my case. lawyer thinks officer made a mistake.

I would like to know if an illegal entrant gets an visa and stay for 5+1 years, can he get BC or not?

uklifetest
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Re: I want to appeal as an illegal entrant

Post by uklifetest » Wed Aug 05, 2020 1:14 pm

applying as an asylum if the final goal is not BC.
then what's for?

BC is what I concern now
thank you

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Re: I want to appeal as an illegal entrant

Post by seagul » Wed Aug 05, 2020 1:22 pm

What were your grounds of case and the refusal reasons?
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

uklifetest
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Re: I want to appeal as an illegal entrant

Post by uklifetest » Wed Aug 05, 2020 2:20 pm

no I am seeking a way to appeal such decision as an illegal entrant.

they just issued me a letter stating im an illegal entrant and didn't explain anything to me

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Re: I want to appeal as an illegal entrant

Post by THO » Wed Aug 05, 2020 2:27 pm

You have not answered the question, how did you enter the country without a visa? All you said was you arrived at the border and was allowed into the UK, which seems rather hard to believe since your flag is Pakistani and if you came from there, you should have arrived with a visa.

Why don't you need a visa to enter the UK, and why do you have to return to Pakistan?

If you can't explain how you ended up in the UK, and other details, then it is hard to give advice.

What grounds are you seeking asylum on? What are you escaping?

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Re: I want to appeal as an illegal entrant

Post by uklifetest » Wed Aug 05, 2020 2:57 pm

hi I do not need a visa to enter the UK as a visitor.
I wasn't planed to apply asylum in the first place.
I was considering innovator visa student and asylum. so I entered UK to ask some advice.
but then I decided to apply for asylum.
Korea doesn't need a visa to enter UK.
im now in the UK waiting for asylum interview.

uklifetest
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Re: I want to appeal as an illegal entrant

Post by uklifetest » Wed Aug 05, 2020 2:58 pm

I think I made a mistake about the flag. sorry

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Re: I want to appeal as an illegal entrant

Post by THO » Wed Aug 05, 2020 3:01 pm

Confused as to how you can apply for asylum from Korea, since it a very safe prosperous country? What are you escaping?

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Re: I want to appeal as an illegal entrant

Post by CR001 » Wed Aug 05, 2020 3:12 pm

uklifetest wrote:
Wed Aug 05, 2020 2:57 pm
hi I do not need a visa to enter the UK as a visitor.
I wasn't planed to apply asylum in the first place.
I was considering innovator visa student and asylum. so I entered UK to ask some advice.
but then I decided to apply for asylum.
Korea doesn't need a visa to enter UK.
im now in the UK waiting for asylum interview.
When or what date did you come to the UK?

What date did you apply to claim asylum?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

uklifetest
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Re: I want to appeal as an illegal entrant

Post by uklifetest » Wed Aug 05, 2020 3:14 pm

hi I m here to seek legal advice about how to appeal the definition of illegal entrant

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Re: I want to appeal as an illegal entrant

Post by CR001 » Wed Aug 05, 2020 3:20 pm

uklifetest wrote:
Wed Aug 05, 2020 3:14 pm
hi I m here to seek legal advice about how to appeal the definition of illegal entrant
You cannot 'appeal' a LETTER.

You are unlikely to get any useful advice without answering the questions, such as the two below. It is also likely that your asylum claim will fail, you will be an overstayer and then you have a black mark against your name.
CR001 wrote:
Wed Aug 05, 2020 3:12 pm
When or what date did you come to the UK?

What date did you apply to claim asylum?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: I want to appeal as an illegal entrant

Post by THO » Wed Aug 05, 2020 3:26 pm

If you overstay your allowed period of time without a visa, then you are an over-stayer, and that is the end of it. Why would they change the rules for you?

And what is your asylum claim based on?

Your intentions seems to be to try to find a way to stay in the UK no matter that you do not qualify through your own merits.

Why are you avoiding giving all the details, what are you hiding?

uklifetest
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Re: I want to appeal as an illegal entrant

Post by uklifetest » Wed Aug 05, 2020 3:32 pm

The guidance is not more restrictive across the board, however. It includes sensible guidance in the section on illegal entry for those who entered as asylum seekers. There is no lawful route of entry for those seeking to come to the UK to claim asylum. The Refugee Convention states that refugees should not be punished for entering unlawfully so long as they travelled here directly from their country of origin and presented themselves to the authorities without delay. This has been incorporated into the guidance. One cause for concern is that the Home Office has interpreted “without delay” as meaning that the asylum claim was made within four weeks of entry. This is more concerning because the Home Office generally treats the date of the screening interview as the date the asylum claim was made. Practitioners and applicants will know that it normally takes approximately two weeks between an asylum seeker contacting the Asylum Screening Unit by telephone to request a screening interview and the interview being arranged. Applicants who entered unlawfully and were granted asylum will have to show that they contacted the Home Office within four weeks of entry, and any further delay thereafter was on the part of the Home Office.

I found it online.
it seemed to me all asylum seekers are defined as illegal entrants.
but the requirement to get a citizenship is that if you can provide you apply asylum as soon as you arrive in the UK (within 4 weeks) is acceptable.

the above shows that fact that there is no legal route or visa to be applied to claim the asylum in the UK.

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Re: I want to appeal as an illegal entrant

Post by alterhase58 » Wed Aug 05, 2020 3:37 pm

requirement to get a citizenship is that if you can provide you apply asylum as soon as you arrive in the UK (within 4 weeks) is acceptable.
There is no mention of naturalisation in the text you quoted - where does this come from?
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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Re: I want to appeal as an illegal entrant

Post by seagul » Wed Aug 05, 2020 3:52 pm

Without any prejudice, if you had arrived from Hong kong then maybe you get qualified initially for a temporary leave. But since you came from South Korea which have personified a stupendous lead in tackling the virus and is indeed a safe place to live, so the chances/basis for the grant of any asylum will almost be none-existent.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

uklifetest
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Re: I want to appeal as an illegal entrant

Post by uklifetest » Wed Aug 05, 2020 3:53 pm

Home Office publishes new guidance on ‘Good Character’ in citizenship applications

Solicitor weblink removed by moderator

I found this in a solicitor website.

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Re: I want to appeal as an illegal entrant

Post by alterhase58 » Wed Aug 05, 2020 4:15 pm

uklifetest wrote:
Wed Aug 05, 2020 3:53 pm
Home Office publishes new guidance on ‘Good Character’ in citizenship applications

Solicitor weblink removed by moderator

I found this in a solicitor website.
Why do you keep talking about naturalisation when you don't even have a status in the UK - citizenship is many years off even for most people arriving with visas.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

uklifetest
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Re: I want to appeal as an illegal entrant

Post by uklifetest » Wed Aug 05, 2020 4:40 pm

Hi I am waiting for an interview and I have just discovered this letter.

I don't know what does it means in relation to my case.

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