Reconsideration naturlisation

Jackharis · Post by **Jackharis** » Sat Jul 03, 2021 5:09 pm

Hello everyone
Hope everyone doing great
My timeline is as follows
Naturlisation Application applied 12 February 2020.

Refused 23 July 2020
Reconsideration application submitted September 2020
No acknowledgement nor reconsideration decision made.

My application for naturalisation has been refused. This is because they noted that I was working illegally between 03/01/2013 to 24/10/2013. I was granted asylum on 24/10/2013. according to their records, I was illegal between 03/01/2013 and Working illegally mean that they think i do not have good character.

So according to my record I was on further to leave application between 03/01/2013 to 24/10/2013.
home office have not bothered to look at my real history in making decision.
Can anybody advice how long it will take please and weather they will consider my flro application.

secret.simon · Post by **secret.simon** » Sat Jul 03, 2021 7:33 pm

You may have to give a fuller immigration history for us to advise you further.

What was your immigration history before 03/01/2013?
Did you submit an FLR application before your pre-existing leave expired or after? Even just the day after can mean that your leave will have expired and they you will have in fact been working illegally.

Jackharis · Post by **Jackharis** » Sun Jul 04, 2021 9:21 am

Thanks for your reply so before 03/01/2013 I was on student visa and my student visa expiry date was 03/01/2013.
I submitted my further leave to remain application before 03/01/2013 and I received acknowledgement email on 01/01/2013.

Jackharis · Post by **Jackharis** » Sun Jul 04, 2021 9:23 am

secret.simon wrote: ↑
Sat Jul 03, 2021 7:33 pm
You may have to give a fuller immigration history for us to advise you further.

What was your immigration history before 03/01/2013?
Did you submit an FLR application before your pre-existing leave expired or after? Even just the day after can mean that your leave will have expired and they you will have in fact been working illegally.

Thanks for your reply so before 03/01/2013 I was on student visa and my student visa expiry date was 03/01/2013.
I submitted my further leave to remain application before 03/01/2013 and I received acknowledgement email on 01/01/2013.

London22 · Post by **London22** » Sun Jul 04, 2021 9:44 am

Jackharis wrote: ↑
Sat Jul 03, 2021 5:09 pm
Hello everyone
Hope everyone doing great
My timeline is as follows
Naturlisation Application applied 12 February 2020.

Refused 23 July 2020
Reconsideration application submitted September 2020
No acknowledgement nor reconsideration decision made.

My application for naturalisation has been refused. This is because they noted that I was working illegally between 03/01/2013 to 24/10/2013. I was granted asylum on 24/10/2013. according to their records, I was illegal between 03/01/2013 and Working illegally mean that they think i do not have good character.

So according to my record I was on further to leave application between 03/01/2013 to 24/10/2013.
home office have not bothered to look at my real history in making decision.
Can anybody advice how long it will take please and weather they will consider my flro application.

You must explain them that you were holding a student visa & applied for asylum before its expiry.If you were having a leave at the time of application for asylum then you should explain with documented evidence that you stopped working while asylum application was in process as that is time they think you have been working illegally .They try to find every bit to refuse nationality .If reconsideration is refused you only have JR .The reason home office makes such complex decisions is many applicants don't further challenge this to JR where high court judges check if a govt body has acted unlawfully .In such cases where home office doesn't have a proof to state that the applicants worked illegally more likely for them to lose JR depending on the judges mood too as immigration cases are ridiculous due to ridiculous rules & twists made everyday.

secret.simon · Post by **secret.simon** » Sun Jul 04, 2021 9:54 am

Jackharis wrote: ↑
Sun Jul 04, 2021 9:23 am
Thanks for your reply so before 03/01/2013 I was on student visa and my student visa expiry date was 03/01/2013.
I submitted my further leave to remain application before 03/01/2013 and I received acknowledgement email on 01/01/2013.

In that case, your student visa terms and conditions continued on till your application was decided in October 2013.

As a person on a student visa, there would likely have been a limitation of not working more than 20 hours a week. That limitation would have continued from January till October 2013.

Did you work longer than this limitation during that period?

I think this is likely what the Home Office are referring to.

They are not stating that you resided illegally in the UK, which is what they would have gone for if the FLR application made in January 2013 was invalid or they had not seen it.

They are stating that you worked illegally, so likely more than you were legally allowed to or in an occupation or occupations that you were not allowed to (I am not sure if there was any such limitation on your student visa, but you will likely know better).

Jackharis · Post by **Jackharis** » Sun Jul 04, 2021 5:39 pm

secret.simon wrote: ↑
Sun Jul 04, 2021 9:54 am

Jackharis wrote: ↑
Sun Jul 04, 2021 9:23 am
Thanks for your reply so before 03/01/2013 I was on student visa and my student visa expiry date was 03/01/2013.
I submitted my further leave to remain application before 03/01/2013 and I received acknowledgement email on 01/01/2013.
In that case, your student visa terms and conditions continued on till your application was decided in October 2013.

As a person on a student visa, there would likely have been a limitation of not working more than 20 hours a week. That limitation would have continued from January till October 2013.

Did you work longer than this limitation during that period?

I think this is likely what the Home Office are referring to.

They are not stating that you resided illegally in the UK, which is what they would have gone for if the FLR application made in January 2013 was invalid or they had not seen it.

They are stating that you worked illegally, so likely more than you were legally allowed to or in an occupation or occupations that you were not allowed to (I am not sure if there was any such limitation on your student visa, but you will likely know better).

Thanks for your reply so I was on student visa therefore as you said I was allowed 20 hrs legally but even though I am legally allowed to do work but I did not work during my asylum application so home office is totally failed in making my decision I believe and furthermore I explained in my reconsider application that when I made asylum application ,, I was on flro application so I was not ileagel so let's hope for the best but right now its been now 1 year I did not received any reply.

TerryGH · Post by **TerryGH** » Sun Jul 04, 2021 7:02 pm

secret.simon wrote: ↑
Sun Jul 04, 2021 9:54 am
As a person on a student visa, there would likely have been a limitation of not working more than 20 hours a week.

This only applies to the term-time. Full time working is allowed between the terms and after graduation, including the time when Section 3C is invoked.
EDIT Although I'm not sure if Section 3C is applicable to asylum seekers.

Jackharis · Post by **Jackharis** » Sun Jul 04, 2021 8:36 pm

London22 wrote: ↑
Sun Jul 04, 2021 9:44 am

Jackharis wrote: ↑
Sat Jul 03, 2021 5:09 pm
Hello everyone
Hope everyone doing great
My timeline is as follows
Naturlisation Application applied 12 February 2020.

Refused 23 July 2020
Reconsideration application submitted September 2020
No acknowledgement nor reconsideration decision made.

My application for naturalisation has been refused. This is because they noted that I was working illegally between 03/01/2013 to 24/10/2013. I was granted asylum on 24/10/2013. according to their records, I was illegal between 03/01/2013 and Working illegally mean that they think i do not have good character.

So according to my record I was on further to leave application between 03/01/2013 to 24/10/2013.
home office have not bothered to look at my real history in making decision.
Can anybody advice how long it will take please and weather they will consider my flro application.

You must explain them that you were holding a student visa & applied for asylum before its expiry.If you were having a leave at the time of application for asylum then you should explain with documented evidence that you stopped working while asylum application was in process as that is time they think you have been working illegally .They try to find every bit to refuse nationality .If reconsideration is refused you only have JR .The reason home office makes such complex decisions is many applicants don't further challenge this to JR where high court judges check if a govt body has acted unlawfully .In such cases where home office doesn't have a proof to state that the applicants worked illegally more likely for them to lose JR depending on the judges mood too as immigration cases are ridiculous due to ridiculous rules & twists made everyday.

Thanks alot for your suggestions and in my reconsideration application I have explained everything about my immigration history.
Came in uk 25 February 2010 as an student
Student visa expired 03/01/2013...
Flro application applied 26/12/2012
Acknowledgement email received 01/01/2013.
Asylum applied in June 2013 while flro pending
Asylum successful 13/10/2013.
So I mention everything.
But they are considering my flro application period illegal.
Hope they will reconsider my naturlisation Application and give me decision again...thanks.

Thanks for your suggestion.

talreh20 · Post by **talreh20** » Wed Jul 28, 2021 2:59 pm

Hi Jackharis

Just wanted to ask, if they gave you a date to apply again on the refusal letter?

I have heard from friends that the home office provides a date to say that you can apply after this date e.g. in case of 3 driving penalty points, the home office will say to apply after 3 years. Did they give a date in your case?

Also did your refusal has any impact on your ILR (i presume you would have ILR)?

Many thanks.

secret.simon · Post by **secret.simon** » Wed Jul 28, 2021 4:23 pm

talreh20 wrote: ↑
Wed Jul 28, 2021 2:59 pm
Also did your refusal has any impact on your ILR (i presume you would have ILR)?

Refusal of naturalisation does not have an impact on ILR, as both are governed by different laws and rules. Naturalisation is not a part of the immigration pathway, which ends at ILR, but is a completely separate process with its own laws and rules.

The only time it may cause issues with ILR is if it causes suspicion that the ILR was acquired through deception or false statements/documents, etc (and so the ILR requirements were not actually met themselves).

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