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Citizenship refusal

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Khalid050
Newly Registered
Posts: 5
Joined: Sat Jan 27, 2018 7:34 am
Somalia

Citizenship refusal

Post by Khalid050 » Sun Jan 28, 2018 9:34 am

Hello everyone
My name is khalid I applied for British citizenship on 29/08/2017 through nationality checking service, on January 7th 2018 I received a refusal letter confirming my application as been refused, reason to this was as it states on the letter ( one of the requirements is that an applicant was not in breach of the immigration laws at any time during their ‘qualifying period’ of residence. Your application was received at the Home Office on 29/08/2017 and so the qualifying period is from 30/08/2012 to 29/08/2017.
As you were in the UK in breach of the immigration laws from 04/02/2014, when your leave to remain expired to 20/11/2014 when you were granted indefinite leave to remain this requirement is not met).

I would like to get an advice regarding this refusal please as I have lost all my money, and as is adviced on the letter the closest date I can re-apply for successful application is 20/11/2024.
Thank you

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Citizenship refusal

Post by vinny » Sun Jan 28, 2018 10:26 am

Khalid050 wrote:
Sun Jan 28, 2018 9:34 am
As you were in the UK in breach of the immigration laws from 04/02/2014, when your leave to remain expired to 20/11/2014 when you were granted indefinite leave to remain this requirement is not met).
I don't understand. What were your circumstances from around 04/02/2014?

iffi786
Member
Posts: 209
Joined: Wed Apr 27, 2011 10:04 am

Re: Citizenship refusal

Post by iffi786 » Sun Jan 28, 2018 8:36 pm

Brother can u plz explain little bit more ..so the experts can give you valuable advice. .
Thanks

Khalid050
Newly Registered
Posts: 5
Joined: Sat Jan 27, 2018 7:34 am
Somalia

Re: Citizenship refusal

Post by Khalid050 » Mon Jan 29, 2018 3:43 am

I came to the uk 2008 I claimed as asylum i been given Leave to remain in the UK Varied on 04/02/2009 expires on 04/02/2014. On 28/01/2014 my father passed away in Somalia, as I couldn’t travel to father funeral I was under a lot of stress and totally forgotten about my documents and later in 20th November 2014 I realized that it was expired, then I was told to apply for the biometric residence card, and I did.

Thank you for getting back to me.

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Citizenship refusal

Post by vinny » Mon Jan 29, 2018 4:07 am

Then, unfortunately, the refusal may be correct as you had overstayed for many months.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Khalid050
Newly Registered
Posts: 5
Joined: Sat Jan 27, 2018 7:34 am
Somalia

Re: Citizenship refusal

Post by Khalid050 » Mon Jan 29, 2018 4:13 am

vinny wrote:
Mon Jan 29, 2018 4:07 am
Then, unfortunately, the refusal may be correct as you had overstayed for many months.
It was a difficult time for me and I wasn’t thinking straight but is there anything I could do or try to make the home Office at least to reconsider about the refusal.
Thanks again :(

vinny
Moderator
Posts: 32757
Joined: Tue Sep 25, 2007 7:58 pm

Re: Citizenship refusal

Post by vinny » Mon Jan 29, 2018 4:58 am

Khalid050 wrote:
Mon Jan 29, 2018 3:43 am
On 28/01/2014 my father passed away in Somalia, as I couldn’t travel to father funeral I was under a lot of stress and totally forgotten about my documents and later in 20th November 2014 I realized that it was expired, then I was told to apply for the biometric residence card, and I did.
I'm sorry for your loss.

There are no explicit provisions for Section 10 exceptional grants relating to failure in Section 9.7.

However,
Naturalisation as a British citizen by discretion: nationality policy guidance wrote:Discretion to waive immigration breaches
....
Examples of when you might exercise discretion include where:
.....
the person had made a late application for leave to remain which was subsequently granted and either the:
.....
person had a period of more than 28 days between their leave expiring and them making a new application and there were exceptional circumstances such as a family illness or bereavement
You could request a review. Ask for exceptional and compassionate discretion to waive immigration breaches, in line with their policy. Refer them to their policy. Submit supporting documents, etc.

Good luck!
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

baddy
Member
Posts: 109
Joined: Fri Sep 09, 2016 10:06 pm

Re: Citizenship refusal

Post by baddy » Mon Jan 29, 2018 9:04 am

Khalid050 wrote:
Mon Jan 29, 2018 4:13 am
vinny wrote:
Mon Jan 29, 2018 4:07 am
Then, unfortunately, the refusal may be correct as you had overstayed for many months.
It was a difficult time for me and I wasn’t thinking straight but is there anything I could do or try to make the home Office at least to reconsider about the refusal.
Thanks again :(
It's a hard one really but you can try reconsideration. Luck was on your side for HO to have approved your ILR with your overstaying status. You should have declared this on this form that you forgot to renew your visa etc and tick check box 7.7 on the AN form. If you have done that may be your application would have been approved by now or the worst case ask you to reapply in later but not 10 years.

Khalid050
Newly Registered
Posts: 5
Joined: Sat Jan 27, 2018 7:34 am
Somalia

Re: Citizenship refusal

Post by Khalid050 » Mon Jan 29, 2018 10:54 am

vinny wrote:
Mon Jan 29, 2018 4:58 am
Khalid050 wrote:
Mon Jan 29, 2018 3:43 am
On 28/01/2014 my father passed away in Somalia, as I couldn’t travel to father funeral I was under a lot of stress and totally forgotten about my documents and later in 20th November 2014 I realized that it was expired, then I was told to apply for the biometric residence card, and I did.
I'm sorry for your loss.

There are no explicit provisions for Section 10 exceptional grants relating to failure in Section 9.7.

However,
Naturalisation as a British citizen by discretion: nationality policy guidance wrote:Discretion to waive immigration breaches
....
Examples of when you might exercise discretion include where:
.....
the person had made a late application for leave to remain which was subsequently granted and either the:
.....
person had a period of more than 28 days between their leave expiring and them making a new application and there were exceptional circumstances such as a family illness or bereavement
You could request a review. Ask for exceptional and compassionate discretion to waive immigration breaches, in line with their policy. Refer them to their policy. Submit supporting documents, etc.

Good luck!
Hi Vinny
I never went to a doctor but I could get death certificate I will try that Thank you for your advice 😊

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