British Citizenship – Refused due to good character

Hi all,
I have recently been refused naturalisation for the second time in three year. My first application was in March 2015 and was refused because I overstayed in 2004 and my application to HO for regularisation was received on 20th July 2007 so I was advised that any application before 20th July 2017 will be unsuccessful.
I applied again on 24th July 2017 and dec 2017 HO write that I should fill a form to declare where I had lived between 2004-2008 and the support I get in maintaining myself.
I replied to say my ex wife supports me as she is working and that family friends support too which was actually the case when I was applying for back ten years ago.
HO finally decide on my application on 13 th February 2018 and refuse base on that I couldn’t give satisfactory proof of maintenance like payslips benefits etc. They now stated that application before October 2018 is unlikely to be successful. Previous refusal letter refers to 20th July 2017.
I am now considering NR can anyone give advise on how best to tackle and apply for NR?

jimmywaley2k wrote: ↑

Sun Feb 18, 2018 1:41 am

I was advised that any application before 20th July 2017 will be unsuccessful.

You could try to claim that the previous refusal letter gave you a legitimate expectation of success after the given date. But the advice didn't say that. It said that any application before 20th July 2017 will be unsuccessful. Unfortunately, this doesn't necessarily imply that applications after that date will be sucessful.

I suspect that they may still refuse you, unless perhaps if you give them satisfactory proof of maintenance that they wanted.

hi Vinny,
i appreciate your response.
i believe the case worker was wrong to have assumed that since my further leave to remain was applied for on 20th July 2007 and approved on 20th Oct 2008 that the ten year ban will automatically be 20th Oct 2018. and then stated that i couldn't meet the requirement for character he/she err the HO published policy on nationality chapter 18 Annex D Good Character requirements 9.5 illegal entry: "In circumstances where an applicant entered the UK illegally, an application for citizenship should normally be refused for a period of 10 years from the date of entry, if it is known. If it is not known, the period of 10 years starts from the date on which the person first brought themselves to or came to the attention of the Home Office"
ordinarily my application on 20th July 2007 to home office make it known to the home office that as at such date I was present in UK and it will be reasonable to base the 10 years ban period from 20th July 2007.
the case worker also stated " we are not satisfied that you have been able to maintain yourself without access to employment and public funds, as you've not provide sufficient evidence of support you received during this time your application is therefore refused".
i have SAR showing that evidences provided from my ex wife for my application for further leave to remain on 20th Oct 2007, includes: payslips, bank statement, utility bills etc. how on earth will they expect me to provide such document after 10.
can i not raise argument that since those proof were previously submitted and accepted for previous application it could always be relied on now even though i am not with my wife again, i couldn't have possibly get her to write on my behalf to HO.
again, there is a family friend that wrote to HO then and also supply his bank statement to support my application, will it be handy if i ask him to write on my behalf to HO now and submit with reconsideration?
HO coudn't see any history of me working illegally so they couldn't nail me on that but still says they are not satisfied that i didn't work. They seems want a situation where i will fall into their trap by providing information that could suggest otherwise.
Is there anything i can do please regarding sufficient evidence of support?
anyone any suggestion please! i wanted to upload my refusal letter but having challenges on how to on this platform.

jimmywaley2k wrote: ↑

Mon Feb 19, 2018 2:05 pm

hi Vinny,
i appreciate your response.
i believe the case worker was wrong to have assumed that since my further leave to remain was applied for on 20th July 2007 and approved on 20th Oct 2008 that the ten year ban will automatically be 20th Oct 2018. and then stated that i couldn't meet the requirement for character he/she err the HO published policy on nationality chapter 18 Annex D Good Character requirements 9.5 illegal entry: "In circumstances where an applicant entered the UK illegally, an application for citizenship should normally be refused for a period of 10 years from the date of entry, if it is known. If it is not known, the period of 10 years starts from the date on which the person first brought themselves to or came to the attention of the Home Office"
ordinarily my application on 20th July 2007 to home office make it known to the home office that as at such date I was present in UK and it will be reasonable to base the 10 years ban period from 20th July 2007.
the case worker also stated " we are not satisfied that you have been able to maintain yourself without access to employment and public funds, as you've not provide sufficient evidence of support you received during this time your application is therefore refused".
i have SAR showing that evidences provided from my ex wife for my application for further leave to remain on 20th Oct 2007, includes: payslips, bank statement, utility bills etc. how on earth will they expect me to provide such document after 10.
can i not raise argument that since those proof were previously submitted and accepted for previous application it could always be relied on now even though i am not with my wife again, i couldn't have possibly get her to write on my behalf to HO.
again, there is a family friend that wrote to HO then and also supply his bank statement to support my application, will it be handy if i ask him to write on my behalf to HO now and submit with reconsideration?
HO coudn't see any history of me working illegally so they couldn't nail me on that but still says they are not satisfied that i didn't work. They seems want a situation where i will fall into their trap by providing information that could suggest otherwise.
Is there anything i can do please regarding sufficient evidence of support?
anyone any suggestion please! i wanted to upload my refusal letter but having challenges on how to on this platform.

Vinny has provided a response to your query. I am unable to answer as I don't know. For the refusal letter, you can retype the full refusal text as a post, taking out all personal details. Also if you space your paragraphs out, it would be easier to read.

P.S. Kindly refrain from posting in other members topics nudging for a response to your question. You have posted in a very long running topic and posts often get missed in these topics. You should have started your own new topic as that would have been more visible.

Kindly continue posting here, I have split your post from the general good character topic.

Also kindly note that it is very difficult to read posts entirely in CAPITAL letters and it is also the same as SHOUTING. Your all capital letter post has been removed.

Hi All,
A quick update on my NR case. i got a letter from HO yesterday and reads:
"The decision to refuse your application is currently being reviewed. if your application is reopened and approved, we will then process your application for British passport.
To enable us to process an application for a British passport, i must ask that you complete and return the enclosed passport application form, along with two passport photographs, using the enclosed address label.
You are not required to obtain a counter signatory on your application form and no fee is payable. i should be grateful to receive the application form and photograph within two weeks of the date of this letter.
You should note that a British passport cannot be issued unless and until your application for British Citizenship has been approved and you have received a certificate of naturalisation or registration as a British citizen"
this is coming after i sent a PAP letter online to HO in May 2018 with an intention to take my refusal to JR and HO responded immediately suggesting that i wait till they review my reconsideration application and that they will not expect me to take the matter into JR as they will look into my case with all concerns i had raised.
has anyone experienced this type of letter from HO asking that passport application form be filled? is this a sign that the reconsideration is a success? thoughts please!

hi..have you heard from HO? have you been granted? same situation as you.

Still waiting already sent filled passport form back to HO. A week now. Fingers crossed

Hi,please let us know.message us privately too

Kay100 wrote: ↑

Sun Sep 23, 2018 8:33 am

Hi,please let us know.message us privately too

Neither you or the original poster have access to the privilege of PM function.

hi,
i will definitely update here once i heard from HO.
like CR001 mentioned i dont have access to privately sending message to anyone precise it's best interest of all to share experience here so that everyone can see and benefit from it.

not heard anything yet?

Hi,
Nothing yet mate still waiting. What about you? Did you fill passport form? Have you been asked to pay £80 originally refunded after initial refusal? I think this is the next letter am expecting but nothing yet.

No.i was refused 2 yeaes ago and was told to wait till aug2017.just scared they wont refuse again..

Hi,
If you are asked to wait till a particular date and you are sure that you’ve mitigate the previous reasons for refusal I don’t think you should be scared. You need to be sure you’ve met all requirements before reapplying mostly I suggest you must make sure you have been compliant and not have violate immigration rules in the last ten years.
Once you are sure you’ve addressed all previous issues you should reapply.
My ten years ban according to their recent reason for refusal lapses on 20 October 2018 contrary to previous refusal notice that implies any application before 20th October 2017 will not be successful. I have feelings Home Office want to keep to the 20 October 2018 date before allowing my approval. That’s like in the next 24 hours. Fingers crossed.

Hi all, my naturalisation reconsideration have been approved. I just got letter in last minute and can wait to share on this forum. In total it took ten years two days since I originally had my first leave to remain in U.K.
My NR application from application date to approval took 14 months. All the best for those waiting!

jimmywaley2k wrote: ↑

Wed Oct 24, 2018 11:08 am

Hi all, my naturalisation reconsideration have been approved. I just got letter in last minute and can wait to share on this forum. In total it took ten years two days since I originally had my first leave to remain in U.K.
My NR application from application date to approval took 14 months. All the best for those waiting!

Congrats

Dont wait for your ceremony letter, call your local council and ask them if you can take private ceremony. You already waited ages so get your passport sorted asap

Hi Camsbs68,
Thanks for your gesture I will ring them ASAP.
I want to say that the letter also confirmed that the fee I paid for reconsideration will be refunded less £80 for ceremony. This means once reconsideration is successful, HO will normally refund cost. I have read on this forum that reconsideration fees are not refundable.

Congrats again..will love to see a copy of the letter you sent with reconsideration..

Any help please?

Hi,
Not sure how I could attach that here but if I have your email I could forward perhaps I hope that’s not violating this rules here.

jimmywaley2k wrote: ↑

Sun Oct 28, 2018 10:13 pm

Hi,
Not sure how I could attach that here but if I have your email I could forward perhaps I hope that’s not violating this rules here.

Member are not permitted to post personal contact information on the forum.

You could type the letter out but remove any personal information.

NAMES:
ADDRESS:
DATE:
DEPARTMENT 73
UKVI
THE CAPITAL
NEW HALL PLACE
LIVERPOOL
L3 9PP
Dear sir/madam,
RE: RECONSIDERATION NATURALISATION APPLICATION YOUR NAME DOB/NATIONALITY
I am formally requesting for a reconsideration of the refusal of my application for naturalisation decision dated ……. The reason I requested for this reconsideration are as stated below:
1. I believe that the caseworker has not sufficiently consider my application using the correct statuary requirements /criteria: Nationality policy guidance and casework instruction chapter 18 Annex D Paragraph 9.5
(10 YEARS FROM DATE WHEN APPLICANT MADE FIRST APPLICATION FOR LEAVE)
2. Fail to take account of relevant documents or information on home office Caseworker Information Database Records (CID) possession before my application was refused. As I submitted copy of SAR with Annex A form late December 2017 as well as copy of previous Naturalisation refusal letter dated ..September 2015
See Annex B attached (Page 7 0f 8 & Page 8 0f 8 of the SAR’s GCID – Case Record Sheet on the summary also obtained from home office Subject Access Request Ref…… dated …….November 2015 also have it on record that subsequent applications to be refused before ../07/17).
(10 YEARS FROM DATE WHEN APPLICANT MADE FIRST APPLICATION FOR LEAVE)

3. My application was unlawfully refused for lack of submitting satisfactory evidence of maintenance during illegal stay when such evidences were submitted in previous application to home office for further leave to remain (July 2007) and not linked with my application for naturalisation. See Annex B page 4 of 5 Decision under paragraph 395C as stated on the GCID- Case Record sheet dated ……… 2015 confirms that I have not taken employment illegally and also this file confirms that I had submitted various payslips from ………Ltd my ex-wife employer, letter form a sponsor among other various documents which reflects means of sustenance/maintenance during period of illegal stay in U.K.
It was claimed my recent application for naturalisation was refused due to the period I was in the United Kingdom without leave to remain. It was suggested that this period without lawful residence cast doubt on my character. Even though I have lived in U.K for almost 14 years without a single offence.
The recent amendments (December 2014) Nationality instructions volume 1 chapter 18 Annex D Paragraph 9.5: the good character requirement guidance, stipulates that where the applicant entered the UK illegally the application should normally be refused for a 10 year period from the date in which the applicant came to the attention of the Home Office.
I refer and rely on Nationality policy guidance and casework instruction chapter 18 Annex D Paragraph 9.5
“In circumstances where an applicant entered the UK illegally, an application for citizenship should normally be refused for a period of 10 years from the date of entry, if it is known. If it is not known, the period of 10 years starts from the date on which the person first brought themselves to or came to the attention of the Home Office”
My first application was received by the home office on …..July 2007 for further leave to remain. On the date of the application I was present in UK and it would have been reasonable for the caseworker to have upheld the nationality policy and guidance instruction quote above as published by home office and based the 10 year period from …..July 2007. The refusal is contrary to the above guidance of the home office published policy criteria/instructions for Good Character.
The previous home office refusal letter for naturalisation received by me (dated …. September 2015 Ref ……) explicitly stated state that “Any application before the 10 years period from ../07/17 is unlikely to succeed”
It appears that the caseworker has conveniently ignored the contents of the home office refusal letter dated …..September 2015 where it was stated that any application prior to ….July 2017 is “unlikely to succeed”.
Home office’s response under FOI to query and clarification of Section 9.5 Illegal Entry, of Chapter 18, Annex D – Good Character requirement. Dated 4th January 2016 corroborate the 10 years ban from date of first application to home office. See also attached FOI RESPONSE FROM HOME OFFICE REFERENCE: 37219 DATED 4TH JANUARY 2016
The home office can’t have caseworker making new policy that are contrary to the immigration rules, but they should correct their mistakes without the applicants having to unduly suffer from their mistakes.
In September 2014, John Vine the Independent Chief Inspector of Boarders and Immigration recommends to home office to ensures that caseworkers should check record on the CID all information which could impact on the assessment of good character, the Home Office published response to John Vine the Independent Chief Inspector of Boarders and Immigration’s criticism report on nationality casework and I quote “Applicants' original paper files from previous applications will now be recalled to be reviewed manually during citizenship consideration, in recognition that CID the case working database”
It is clear that the caseworker failed to check my previous files on the home office database (CID). If this had been done the caseworker would have rely on the CID note pertaining to the fact that the previous application for further leave to remain made …. July 2007 presented acceptable means and proof of maintenance in terms of my ex-wife payslips and letter of sponsor. Also, previous naturalisation refusal letter suggested that I will have to wait to reapply after ….July 2017.
I received letters late December 2017 asking me to explain again how I was maintaining myself in the country during the periods of illegal stay years ago (2004 – 2008).
I actually responded to the caseworker by completing the annex 1 form attached with other proof of residence as requested on ..December 2017, explaining that i am not able to now provide documentary proof of maintenance during my illegal stay due to reasons beyond my control one of which is because of my marriage breakdown with my ex-wife and other reason which has to do with timing of the documents which is well over ten years. I would expect the caseworker to have exercise her discretion by checking home office records and saved files for me on CID.
My previous application received by home office on ….July 2007, the GCID- Case Record sheet dated…. November 2015 confirms that I have not taken employment illegally, it is unlawful for the caseworker to now refuse my application because the caseworker is not satisfied that I couldn’t have maintain myself without access to employment or public fund.
I believe discretion has to be reasonable, and everyone is entitled to rely on government acting consistently and in line with legitimate expectations. Published guidance must be adhere to.
In conclusion, I have given clear reasons, with reference to your own guidance which illustrates that the period of 10 years starts from the date on which the person first brought themselves to or came to the attention of the Home Office or made their claim for leave to remain
I will advise that the home office reconsider my application and initial decision of the caseworker be reversed and grant my application for citizenship be granted. Not to do so will be ultra vires and I will have little option but to seek Judicial Review of the decision.

Thanks
Yours faithfully,
YOUR NAMES AND SIGNATURE.


Attached:
i. Annex A : Covering letter & naturalisation refusal letters
ii. Annex B: SAR’s GCID – Case Record Sheet on the summary also obtained from home office Subject Access Request Ref ….. dated …..November 2015 also have it on record that subsequent applications to be refused before ../07/17. See Page 7 0f 8 & Page 8 0f 8.
iii. Annex C: Letter of support from Mr ………
iv. Annex D: Home office’s response under FOI to query and clarification of Section 9.5 Illegal Entry, of Chapter 18, Annex D – Good Character requirement. Dated 4th January 2016
v. Annex E: copy of response to Annex 1 form sent to home office ..Dec 2017

Hi All,
A final update on my journey to citizenship.
i got a letter of invite to attend ceremony after four weeks of receiving approval letter. the council letter came first on 15th November 2018 for me to attend ceremony on 29th November 2018.
Date of ceremony: 29th Nov 2018
HO letter received on 6th Dec 2018 requesting for a recent passport photo before they can proceed on passport application.
date new passport photo sent: 7th Dec 2018
date of receive of passport: 17th Dec 2018.
Good luck to those waiting.

hi jimmywaley2k
many congrats hope you got your British passport by now.
i have a question did you used NDRS+Jcap service?
if you then did they took your passport payment first and then refused ?
please share your experience about passport payment

Hi,
I use the then JCAP. Passport fee was deducted long time ago and was refused. I applied for reconsideration and got approval. I was sent a new passport application form and the home office says I do not need to pay for passport application fee.
Hope this helps.