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Application Refused - is it worth to appeal?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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magnarch
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Application Refused - is it worth to appeal?

Post by magnarch » Mon Oct 11, 2021 7:05 pm

Hello,

I recently submitted a citizenship application - which was refused, because my home was not in the UK - I applied from Canada where I am doing a grad degree.
I was of course aware that this is a potential outcome, but I still thought it was a shot, because a friend of mine, a fellow EU student applied from the Netherlands (while working there), and his application was successful.

My only chance at appeal would be that the knowledge I am getting with this degree would be highly beneficial for the UK, and this department is the best in the field in the world.

I am just wondering if people with more experience with applications think it might be worth appealing based on this or should I just let it go?

Thanks very much for any help.

magnarch
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Re: Application Refused - is it worth to appeal?

Post by magnarch » Mon Oct 11, 2021 7:13 pm

(The fellow EU student applied about 4 years ago, btw, so the rules may have been different back then.)

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CR001
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Re: Application Refused - is it worth to appeal?

Post by CR001 » Mon Oct 11, 2021 7:20 pm

There is no appeal process for citizenship. All you could do is ask for a reconsideration and UKVI can take as long as they wish to process that. There is also a couple hundred £ fee payable for a reconsideration.

Based on what you have stated, you don't stand much chance if success.
magnarch wrote:
Mon Oct 11, 2021 7:13 pm
(The fellow EU student applied about 4 years ago, btw, so the rules may have been different back then.)
No rule/law changes at all. He might have been classed as a frontier worker though or married to a British citizen.
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magnarch
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Re: Application Refused - is it worth to appeal?

Post by magnarch » Mon Oct 11, 2021 8:46 pm

Thanks for the answer! He was neither... :?

London22
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Re: Application Refused - is it worth to appeal?

Post by London22 » Mon Oct 11, 2021 9:25 pm

magnarch wrote:
Mon Oct 11, 2021 7:05 pm
Hello,

I recently submitted a citizenship application - which was refused, because my home was not in the UK - I applied from Canada where I am doing a grad degree.
I was of course aware that this is a potential outcome, but I still thought it was a shot, because a friend of mine, a fellow EU student applied from the Netherlands (while working there), and his application was successful.

My only chance at appeal would be that the knowledge I am getting with this degree would be highly beneficial for the UK, and this department is the best in the field in the world.

I am just wondering if people with more experience with applications think it might be worth appealing based on this or should I just let it go?

Thanks very much for any help.
UK immigration is so complex & unpredictable that 5 same sort of cases come up with different decisions.The reason for that is the department's own political approach. You can ask for reconsideration & if refused then JR ( can be called appeal).If you find similar cases but successful you can mention of such cases in reconsideration.

secret.simon
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Re: Application Refused - is it worth to appeal?

Post by secret.simon » Tue Oct 12, 2021 7:04 am

There are many possible variables between your friend and you.
For a start, did they apply for naturalisation or did they apply for registration as British citizen? Keep in mind that registration has different requirements.
Secondly, and very crucially, did they make the application from the UK and then move to the Netherlands?
To the best of my knowledge, if the application is made from outside the UK, it is almost certainly going to be declined as one of the requirements of the applications is the future residence requirements, that you plan to settle in the UK, which is immediately brought into question by the fact that the applicant was not resident in the UK when making the application.
One is free to travel abroad after making the naturalisation application from within the UK and it is possible that your friend made the application from within the UK. The Netherlands is, after all, a 2-3 hour train ride away by Eurostar.
I'd suggest discussing these tiny details with them, before drawing conclusions.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

HCJNL
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Re: Application Refused - is it worth to appeal?

Post by HCJNL » Tue Oct 12, 2021 8:34 am

Did you apply online? The website normally does a good job of asking detailed questions, then telling you what documents you should provide, whether you are a British citizen already (sometimes that happens, an agreeable surprise for the applicant) or if you do not qualify.
You can ask your friend what section is written at the bottom right of his registration certficate (for minors) or naturalisation certificate (for adults). For example, my 10 year old son successfully applied from the Netherlands and was registered under Section 3(2). This is one of the few cases where a person can acquire British citizenship while living abroad.

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Re: Application Refused - is it worth to appeal?

Post by magicsign » Tue Oct 12, 2021 10:52 am

HCJNL wrote:
Tue Oct 12, 2021 8:34 am
Did you apply online? The website normally does a good job of asking detailed questions, then telling you what documents you should provide, whether you are a British citizen already (sometimes that happens, an agreeable surprise for the applicant) or if you do not qualify.
You can ask your friend what section is written at the bottom right of his registration certficate (for minors) or naturalisation certificate (for adults). For example, my 10 year old son successfully applied from the Netherlands and was registered under Section 3(2). This is one of the few cases where a person can acquire British citizenship while living abroad.
Still very easy to fail the "future intentions requirements"

magnarch
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Re: Application Refused - is it worth to appeal?

Post by magnarch » Tue Oct 12, 2021 2:16 pm

Thanks for the replies.
He applied from the Netherlands and he was very honest about it, just wrote that he is planning to move back to the UK. (I did the same and it's the truth as well)
And he was not a British Citizen before - he was from an EU country like me and no British connections before.

A bit of noise is understandable in the process, but if that's so, then it may be worth appealing just in case.

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