Refused British Citizenship : Legacy Case

zagoo2000 · Post by **zagoo2000** » Wed Dec 23, 2015 3:41 pm

Dear all, I'm hoping someone can please advice me on this. I'm a bit confused and unsure what to do...

Date of Arrival in UK: 06/10/2001
Date of Asylum application: 11/10/2001
Dates of Eaton House (581 Staines Road) Attendance: 12/2007 to 11/2012
Date of Asylum application exhausted: 06/04/2011
Date of Legacy application: sometime after 05/2011 (unconfirmed)
Date of ARC Card: 27/01/2012
Date of IRL-Settlement: 04/10/2012
Date of Naturalisation application: 16/06/2015
Date of Naturalisation refusal: 14/12/2015
Date of Reconsideration: ?

Questions:
1. is there a time limit to apply for reconsideration?
2. the expectation was a 5 year legal stay from 17 June 2010 to 16 June 2015, did i breaches 'good character' or 'qualifying period' requirement or both?
3. was i then illegal even though without any break me, my siblings and my mum, regularly attended eaton house since 12/2007?
4. my mum applied in 12/2013 for naturalization and her's got approved and she has even got the passport within couple of months, i applied 06/2015 and got refused 12/2015. if our circumstances were same then why mine got refused?
5. my and my siblings were dependant of my mum when i came to uk and i was 10 years old only, what should i do?
6. we all received ILR together as we were dependant. me and my siblings have now applied separate naturalisation as well. mine got refused and their status is pending. now even they are worried that what if theirs get refused too. what can they do to prevent a bad news?

sorry to ask so specific questions. i have ran out of hope and my family had really bad experience of solicitors and this time around i'm trying my best to ensure that i have as many answers as possible. i would really appreciate for any kind of advice here...

Post by **CR001** » Wed Dec 23, 2015 3:55 pm

zagoo2000 wrote: Date of Arrival in UK: 06/10/2001
Date of Asylum application: 11/10/2001
Dates of Eaton House (581 Staines Road) Attendance: 12/2007 to 11/2012
Date of Asylum application exhausted: 06/04/2011
Date of Legacy application: sometime after 05/2011 (unconfirmed)
Date of ARC Card: 27/01/2012
Date of IRL-Settlement: 04/10/2012
Date of Naturalisation application: 16/06/2015
Date of Naturalisation refusal: 14/12/2015
Date of Reconsideration: ?

Questions:
1. is there a time limit to apply for reconsideration? No there is no time limit as far as I am aware.
2. did i breaches 'good character' or 'qualifying period' requirement or both? Yes, both. You were an immigrant with no legal status till 2011. You need 5 years residence to qualify for citizenship normally. You will only qualify in 2021, 10 years AFTER you legalised your stay.
3. was i then illegal even though without any break me, my siblings and my mum, regularly attended eaton house since 12/2007? You had no visa status and were a failed asylum seeker.
4. my mum applied in 12/2013 for naturalization and her's got approved and she has even got the passport within couple of months, i applied 06/2015 and got refused 12/2015. if our circumstances were same then why mine got refused? The new stricter good character requirement came into effect in December 2014.
5. my and my siblings were dependant of my mum when i came to uk and i was 10 years old only, what should i do?
6. we all received ILR together as we were dependant. me and my siblings have now applied separate naturalisation as well. mine got refused and their status is pending. now even they are worried that what if theirs get refused too. what can they do to prevent a bad news? Nothing they can do. How old are your siblings?

sorry to ask so specific questions. i have ran out of hope and my family had really bad experience of solicitors and this time around i'm trying my best to ensure that i have as many answers as possible. i would really appreciate for any kind of advice here...You have ILR, you are free to live and work i he UK.

zagoo2000 · Post by **zagoo2000** » Wed Dec 23, 2015 4:29 pm

CR001 wrote:
zagoo2000 wrote: Date of Arrival in UK: 06/10/2001
Date of Asylum application: 11/10/2001
Dates of Eaton House (581 Staines Road) Attendance: 12/2007 to 11/2012
Date of Asylum application exhausted: 06/04/2011
Date of Legacy application: sometime after 05/2011 (unconfirmed)
Date of ARC Card: 27/01/2012
Date of IRL-Settlement: 04/10/2012
Date of Naturalisation application: 16/06/2015
Date of Naturalisation refusal: 14/12/2015
Date of Reconsideration: ?

Questions:
1. is there a time limit to apply for reconsideration? No there is no time limit as far as I am aware. many thanks for that CR001

2. did i breaches 'good character' or 'qualifying period' requirement or both? Yes, both. You were an immigrant with no legal status till 2011. You need 5 years residence to qualify for citizenship normally. You will only qualify in 2021, 10 years AFTER you legalised your stay. really? sorry its confusing, just to clarify the letter says that the expectation to qualify is 5 years of ILR and i can apply after october 2017 completing 5 years? and i applied after Dec 2014 changes

3. was i then illegal even though without any break me, my siblings and my mum, regularly attended eaton house since 12/2007? You had no visa status and were a failed asylum seeker. my mum was given open SAL2 letter from IND on 11/10/2001 wasn't that our ID to be legal pending application?

4. my mum applied in 12/2013 for naturalization and her's got approved and she has even got the passport within couple of months, i applied 06/2015 and got refused 12/2015. if our circumstances were same then why mine got refused? The new stricter good character requirement came into effect in December 2014. oh if i may ask what precisely was the change in Dec2014 that has effected my application (and will be effecting my siblings applications) that it didn't effect my mums a year before?

5. my and my siblings were dependant of my mum when i came to uk and i was 10 years old only, what should i do? do i not qualify as a "minor" according to section 8.10
https://www.gov.uk/government/uploads/s ... r_18_B.pdf

6. we all received ILR together as we were dependant. me and my siblings have now applied separate naturalisation as well. mine got refused and their status is pending. now even they are worried that what if theirs get refused too. what can they do to prevent a bad news? Nothing they can do. How old are your siblings? really? they are 30 and 34 now. that will be a lot of money loss. isn't there anything we can do to prevent it?

sorry to ask so specific questions. i have ran out of hope and my family had really bad experience of
solicitors and this time around i'm trying my best to ensure that i have as many answers as possible. i would really appreciate for any kind of advice here...You have ILR, you are free to live and work i he UK.

Post by **CR001** » Wed Dec 23, 2015 4:36 pm

zagoo2000 wrote:
CR001 wrote:
zagoo2000 wrote: Date of Arrival in UK: 06/10/2001
Date of Asylum application: 11/10/2001
Dates of Eaton House (581 Staines Road) Attendance: 12/2007 to 11/2012
Date of Asylum application exhausted: 06/04/2011
Date of Legacy application: sometime after 05/2011 (unconfirmed)
Date of ARC Card: 27/01/2012
Date of IRL-Settlement: 04/10/2012
Date of Naturalisation application: 16/06/2015
Date of Naturalisation refusal: 14/12/2015
Date of Reconsideration: ?

Questions:
1. is there a time limit to apply for reconsideration? No there is no time limit as far as I am aware. many thanks for that CR001

2. did i breaches 'good character' or 'qualifying period' requirement or both? Yes, both. You were an immigrant with no legal status till 2011. You need 5 years residence to qualify for citizenship normally. You will only qualify in 2021, 10 years AFTER you legalised your stay. really? sorry its confusing, just to clarify the letter says that the expectation to qualify is 5 years of ILR and i can apply after october 2017 completing 5 years? and i applied after Dec 2014 changes See [urlhttp://www.immigrationboards.com/british-citiz ... 36725.html]FAQs Good Character (click)[/url]. I am not sure if there are different circumstances for legacy cases. I will split your post into its own thread instead of being in this one and hopefully you will get better advice. Exactly what did your citizenship refusal letter say?

3. was i then illegal even though without any break me, my siblings and my mum, regularly attended eaton house since 12/2007? You had no visa status and were a failed asylum seeker. my mum was given open SAL2 letter from IND on 11/10/2001 wasn't that our ID to be legal pending application? I am not familiar with these documents.

4. my mum applied in 12/2013 for naturalization and her's got approved and she has even got the passport within couple of months, i applied 06/2015 and got refused 12/2015. if our circumstances were same then why mine got refused? The new stricter good character requirement came into effect in December 2014. oh if i may ask what precisely was the change in Dec2014 that has effected my application (and will be effecting my siblings applications) that it didn't effect my mums a year before? See my link in #2 above.

5. my and my siblings were dependant of my mum when i came to uk and i was 10 years old only, what should i do? do i not qualify as a "minor" according to section 8.10
https://www.gov.uk/government/uploads/s ... r_18_B.pdf

6. we all received ILR together as we were dependant. me and my siblings have now applied separate naturalisation as well. mine got refused and their status is pending. now even they are worried that what if theirs get refused too. what can they do to prevent a bad news? Nothing they can do. How old are your siblings? really? they are 30 and 34 now. that will be a lot of money loss. isn't there anything we can do to prevent it?

sorry to ask so specific questions. i have ran out of hope and my family had really bad experience of
solicitors and this time around i'm trying my best to ensure that i have as many answers as possible. i would really appreciate for any kind of advice here...You have ILR, you are free to live and work i he UK.

zagoo2000 · Post by **zagoo2000** » Wed Dec 30, 2015 2:41 pm

Hi everyone, I hope you all had a nice xmas period off.

2. I have attacched the letter below.

3. SAL No#2 is Satandard Acknoledgement Letter which is normally given when you apply for an asylum and ARC card cannot be provided pending decision.
https://www.gov.uk/government/uploads/s ... oncard.pdf

5. do i have a case if i point out this in my reconsideration that i qualify as a "minor" according to section 8.10
https://www.gov.uk/government/uploads/s ... r_18_B.pdf

---
I refer to your application for naturalisation as a British citizen under section 6(1) of the British Nationality Act 1981. An applicant under this provision is expected to meet certain residenúl requirements. The requirements are set out-on our website at http://www.gov.uk/be...-britishcitizen.

One of the requirements is that an applicant was not in breach of the immigration laws at any time during his 'qualifying period' of residence. Your application was received at the Home Office on 16 June 2015 and so the qualifying period is from 17 June 2010 to 16 June 2015.

As you were in the UK in breach of the immigration laws from 06 October 2001; (i.e. the date you entered the UK illegally) to 04 October 2012 (the date you were granted indefinite leave to remain in the UK), this requirement is not met.

The Home Secretary has to disregard a breach of the immigration laws for the purposes of an application for naturalisation. To ensure the discretion is applied rationally and consistently, an established policy is followed; this policy is published in the Nationality Staff Instructions on our website (go to 'Policy and law' > 'Staff Guidance, instructions and country information' > 'Nationality instructions' > 'Volume 1' > 'Chapter 18' > 'Annex B' > paragraph 8.10).

A breach of immigration laws would not normally be disregarded in any circumstances other than those defined in the policy. As you do not come within the published criteria, nor is there reason to exercise discretion exceptionally outside these criteria, the application is refused.

If you still wish to become a British citizen, a fresh application for naturalisation must be made. An application can be made at any time but you are advised to ensure, as far as possible, that the residence and other requirements are met before doing so, In this respect, I should point out that an application made before 04 October 2017, is unlikely to be successful. I cannot say in advance of an application what the outcome will be as this will depend upon all our enquiries taken at the time to ensure that the requirements are met.
---

zagoo2000 · Post by **zagoo2000** » Mon Jan 04, 2016 12:19 pm

any advice would be really very helpful so that i can ask for reconsideration.

avjones · Post by **avjones** » Wed Jan 06, 2016 1:49 am

We don't know your date of birth. How old were you when you were granted ILR?

I think the suggestion of 2017 is earlier than I would have thought, I was expecting the letter to say 2022, 10 years from the grant of ILR.

zagoo2000 · Post by **zagoo2000** » Thu Jan 07, 2016 2:05 am

I was 10 when arrived and 21 when my ILR was granted.

https://www.gov.uk/government/uploads/s ... r_18_B.pdf
Section 8.10 states:
We should normally exercise discretion to disregard a breach of the
immigration laws (i.e. a period of unlawful residence) only if there are
reasons for the breach which were clearly outside the individual’s
control, or the breach was genuinely inadvertent and short. Examples
would include circumstances where:

 the breach occurred at a time when the applicant was a minor
whose parents failed to obtain or renew their leave, or where the
applicant was a victim of domestic violence whose abusive partner
prevented the renewal of leave;

I feel according to this i was a minor and i may have the case...?

avjones · Post by **avjones** » Thu Jan 07, 2016 2:30 am

There's a gap between you becoming an adult and getting ILR as a legacy case. So no, it doesn't apply to you. It would have done if you'd been granted ILR earlier, though.

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