I made an application for naturalisation in 2018 but was refused and the case worker said any application made before 27 January 2020 would be refused. So on 1 March 2020 I applied and I just got another refusal today stating the following:
Reasons for decision
One of the requirements for citizenship is that the applicant is of good character. ‘Good character’ is not defined in the British Nationality Act 1981 but the applicant is expected to have shown due regard for the laws of this country.
This is explained in Booklet AN which accompanies the application form for naturalisation and in the Home Office staff instructions published on www.gov.uk
For the purposes of Naturalisation as a British Citizen, we would not normally consider someone who has been in breach of the immigration laws at any time during the 10 years immediately prior to their application as being of Good Character. This includes where someone has failed to take reasonable steps to ensure they remain compliant with immigration laws.
Your application was decided on 03/06/2020 and so the 10 year period is from 04/06/2010 to 03/06/2020.
You were in the United Kingdom without permission and were therefore non- compliant between 13/08/2014 when your application for leave to remain was refused, until you became compliant on 22/10/2015 when you applied for Indefinite Leave to Remain. You held no valid leave in the UK until 29/02/2016.
Therefore, you are considered to have been non-compliant and in breach of UK immigration laws within the 10 years immediately before your application for citizenship was decided and do not meet the good character requirement.
The Secretary of State has discretion to disregard a breach of the immigration laws when considering the requirements for naturalisation. To make sure discretion is applied rationally and consistently, an established policy is followed. Our guidance also sets out how we would treat breaches of the immigration rules when assessing whether someone meets the good character requirement. This policy is published in the Nationality Staff Instructions at www.gov.uk/topic/immigration-operationa ... structions.
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, your 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 requirements are met before doing so. In this respect, I should point out that your compliance with immigration law during the 10 years immediately preceding your application date will be assessed to ensure that you can satisfy the requirements of a Naturalisation application, including the ‘Good Character’ requirement.
I cannot say in advance of an application what the outcome will be as this will depend upon all enquiries undertaken at the time to make sure that the requirements are met.
As explained in our schedule of fees, the application fee for British citizenship is not refundable and has been retained to cover the cost of handling and processing your application..
Arrangements are being made to return the sum of £80.00, which is refunded as unsuccessful applicants are not required to attend a citizenship ceremony.
Next steps
If you believe the decision to refuse your application was not soundly based on nationality law, policy or our procedures and you wish it to be reconsidered, you must complete Form NR and pay a fee.
Form NR can be obtained from: https://www.gov.uk/government/publicati ... n-british- citizenship-is-refused-form-nr
The current fee for reconsideration can be found at: https://www.gov.uk/government/publicati ... plications
The Data Protection Act 2018 governs how we use personal data. For details of how we will use your personal information and who we may share it with please see our Privacy Notice for the Border, Immigration and Citizenship system at https://www.gov.uk/government/publicati ... on-use-in- borders-immigration-and-citizenship. This also explains your key rights under the Act, how you can access your personal information and how to complain if you have concerns.
Please can anyone help me with this as I cannot afford a lawyer at the moment. Should I use form NR as the case worker in my previous application indicated that I could apply after 27/01/2020? Or let it go TIL 2025. Thank you
