Unsuccessful applications

burtsbee · Post by **burtsbee** » Mon Nov 21, 2011 4:15 pm

Does anybody know or heard of someone that had actually been unsuccessful in their citizenship application?

osteophytes · Post by **osteophytes** » Tue Nov 22, 2011 3:00 pm

burtsbee wrote:Does anybody know or heard of someone that had actually been unsuccessful in their citizenship application?

See figure 7 here

http://migrationobservatory.ox.ac.uk/br ... and-trends

salmanakram · Post by **salmanakram** » Thu Nov 24, 2011 12:13 pm

burtsbee wrote:Does anybody know or heard of someone that had actually been unsuccessful in their citizenship application?

This is one thing that this BOARD lacks completely. No one writes about if some one failed and the reason behind that. I know its pretty horrifying for people to come and write about their experience on failed applications but I know there are some who have the guts to share their experience. I strongly think there should be a STICKY POST for this. Administrators/Moderators please take note.......This aspect could really help alot in putting people off their miseries.....thx

burtsbee · Post by **burtsbee** » Fri Nov 25, 2011 10:27 am

Thank you, my thoughts exactly. This would help a lot of us I think.

Linda8 · Post by **Linda8** » Tue Dec 13, 2011 7:59 pm

We apply under discretion of the Secretary of State and my application was refused.I was outside the UK in excess of the permitted maximum 896 days.

prince12 · Post by **prince12** » Tue Jan 17, 2012 8:43 am

Linda8 wrote:We apply under discretion of the Secretary of State and my application was refused.I was outside the UK in excess of the permitted maximum 896 days.

Hi Linda8,

I am sorry to hear your appl. was refused due to excess absence, but i will appreciate you throw more light on ur circumstance as yours is the first and only i have seen on this board regarding refusal due to absence. i will like to know what was your total absence during the five year and was it work or personal. What evidence did you provide to show ties if any.... i ask beause i am in the same position and dont know if i shld risk it or just wait it out for another year or so. i appreciate you feed back

prince

Post by **vinny** » Sat Jan 21, 2012 11:22 am

burtsbee wrote:Does anybody know or heard of someone that had actually been unsuccessful in their citizenship application?

Approach of Home Office to nationality case “astonishing and grotesque” rules High Court wrote:The judgment emphasises that DNA evidence need not necessarily be from one of the DNA test centres preferred by the Home Office and that there is no prescribed, mandatory evidence for proving nationality.

Linda8 · Post by **Linda8** » Sun Mar 25, 2012 11:51 pm

prince12 wrote:
Linda8 wrote:We apply under discretion of the Secretary of State and my application was refused.I was outside the UK in excess of the permitted maximum 896 days.
Hi Linda8,

I am sorry to hear your appl. was refused due to excess absence, but i will appreciate you throw more light on ur circumstance as yours is the first and only i have seen on this board regarding refusal due to absence. i will like to know what was your total absence during the five year and was it work or personal. What evidence did you provide to show ties if any.... i ask beause i am in the same position and dont know if i shld risk it or just wait it out for another year or so. i appreciate you feed back

prince

Hi.
I was outside the Uk in 2007-2008.Our circumstance was that i was pregnant and the doctors advised do not travel. So we came back when my twins got 1year.All my absences was 896 days.So discretion don't work every time.I have to wait another 3years to apply.
But i read in this forum 3 month ago that someone had 810 days and his application was successful.
Good luck to everyone.

Post by **John** » Mon Mar 26, 2012 7:49 am

This is one thing that this BOARD lacks completely. No one writes about if some one failed and the reason behind that.

Surely the point is this. This Board prevents people wasting money on applications that have little or no chance of succeeding. Accordingly I think it is great that there is almost a total lack of postings about failure of a Citizenship application.

But also I do not think we get, or should get, lots of postings from people who on reading this board delay their application, after reading this board. For example, on their facts, date invented, if it is clear that for them an application shortly after 15.06.12 will succeed, and an application earlier than that will definitely fail, this board has done its job making the person realise that a bit of patience is required, in order to succeed.

Result .... they do not need to post an application failed message. Great.

BrookGreen2012 · Post by **BrookGreen2012** » Wed Apr 04, 2012 6:38 pm

A few weeks ago, I received a letter from UKBA informing me of their refusal of my naturalisation application. It states:

"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 residential requirements which are explained in paragraph 3 of the information leaflet BN7, which can be found on our website.
As you were subject to a time limit on your stay in the United Kingdom until 10th May 2011, you do not meet the requirement at a paragraph 3(d) of the leaflet. Whilst the Secretary of State has discretion to waive this requirement she is not prepared to do so in this particular case. Your application has therefore been refused.
If you still wish to become a British citizen a fresh application will be required. It is open to you to re-apply at any time, but you may wish to note that an application made before 10th May 2012 is unlikely to be successful.
Arrangements are being made to return the sum of £80.00 which is refunded in the case of unsuccessful applications where an applicant is not required to attend a citizenship ceremony."

I paid £836 for my application. If and when I receive the £80 above back, this means I have lost £756.

The UKBA website refers to a minimum residential requirement for British citizenship applicants. This is a period of 12 months from the date the ILR has been approved. I applied in January 2012, because I was informed by a friend that there was a loophole in the system. Like my friend, I was granted ILR on the basis of "long stay", having lived in the UK legally for 10 years. According to my friend, a solicitor friend of hers advised her to apply for British citizenship as soon as she was granted ILR, because the minimum residential requirement of 12 months would not apply to applicants who have ILR based on 10-year long stay.

My friend applied immediately after receiving her ILR in the summer of 2011 and was granted British citizenship. Based on her experience, I followed her advice. Unfortunately, I was refused.

I now have two options:
1. Wait until 10 May 2012 and submit a fresh application. This means paying another application fee on top of the original fee. From 6 April 2012, the new fee is increased to £851. In total, I would end up paying £1687 for both applications.
2. Request the UKBA to reconsider a decision to refuse and pay £80 to UKBA (non-refundable) for this request. One of the points listed on the letter from the UKBA as grounds for the request is:
"Do you believe that the decision was reached on irrelevant statutory requirements or policy criteria? If so, say which requirements or policy criteria should have been applied. Do this with reference to the guide that accompanied the application form or the policy and law section of the UKBA website, including the precedent based scenarios."

I would be grateful if anyone could share their experiences of requesting the UKBA to reconsider a decision to refuse. I believe that my friend's case is a precedent, but how would I go about arguing this point? I am considering seeking advice for a solicitor, but I am unsure of whether this would cost as much as (or more than) paying for a fresh application.

Thank you to anyone who's willing to share and help.

Post by **John** » Wed Apr 04, 2012 7:47 pm

My friend applied immediately after receiving her ILR in the summer of 2011 and was granted British citizenship. Based on her experience, I followed her advice. Unfortunately, I was refused.

How long did your friend have to wait for her ILR ..... from date of ILR application to grant of ILR?

And for you, same question .... how long?

cherryplum · Post by **cherryplum** » Wed Apr 04, 2012 9:21 pm

Also did your friend get ILR due to marriage to a BC - because there is a loop hole there for a married partner applying

BrookGreen2012 · Post by **BrookGreen2012** » Thu Apr 05, 2012 2:07 pm

Thank you for your questions, John.

How long did your friend have to wait for her ILR ..... from date of ILR application to grant of ILR?

And for you, same question .... how long?

I have asked my friend how long she had to wait for ILR and am waiting for her reply.

In my case, the ILR application was received by UKBA on 1 April 2011 and granted on 10 May 2011.

BrookGreen2012 · Post by **BrookGreen2012** » Thu Apr 05, 2012 2:16 pm

Thank you for your question, CherryPlum.

Also did your friend get ILR due to marriage to a BC - because there is a loop hole there for a married partner applying

My friend did not get her ILR due to marriage - simply on the basis of 10-year long stay. This was also the case for my ILR application and my subsequent BC application.

I learnt about the marriage loophole yesterday. It is very frustrating, because in November 2011, my partner (who is a British citizen) and I held a wedding ceremony in my home country. The ceremony was symbolic but not legally binding. We deliberately decided not to get registered in November and not until after I applied for BC. The reason for this was because I wanted to apply based on my own merit, not due to marriage. At the time, I thought it would complicate my application given that I was eligible to apply based on my long-stay ILR status.

What is even more frustrating is that my husband and I got registered in Manchester on 31 March 2012 (after my application had been refused on 12 March 2012). We had planned this back in January - when I had naively assumed that I would be granted BC on my own merit without any problems and before I became aware of the marriage loophole.

Post by **Greenie** » Thu Apr 05, 2012 4:16 pm

it's not whether your friend got her ILR through marriage, but rather, whether she was married to a British citizen at time of her application for citizenship? Also - it's not a loophole - but a separate provision in the legislation

without knowing all of your friends circumstances, it is impossible to say why she was granted BC before completing one year's ILR, however I would say that you would be wasting your money paying a solicitor to challenge the decision, which was correct according to the requirements. As you are now married to a British citizen you can apply for citizenship without having to wait until you have had ILR for a year.

Post by **vinny** » Fri Apr 06, 2012 12:36 am

BrookGreen2012 wrote:According to my friend, a solicitor friend of hers advised her to apply for British citizenship as soon as she was granted ILR, because the minimum residential requirement of 12 months would not apply to applicants who have ILR based on 10-year long stay.

There is no such provision.

Discretion to disregard immigration time restrictions in the final 12 months is subject to 7.5

However, if you're the spouse or civil partner of a British citizen, then there is no requirement to wait 12 months after ILR under section 6(2).

DEVONIAN · Post by **DEVONIAN** » Sat Apr 07, 2012 12:08 am

Your friend – in all probabilities – was, at the time of making her/his application for British Citizenship, married to, or in civil partnership with, a British Citizen. Hence, s/he didn’t have to wait for the 12 months period before getting her/his British Citizenship application approved. Knowing you were married to a British Citizen, but ostensibly unconscious of the fact that the marriage wasn’t formally documented/registered, s/he advised you not to wait for the 12 months period. Without any legal documentations to that effect, you’re in the eyes of the law, not married to a British Citizen, and therefore need to wait for 12 months before becoming eligible to apply for your own British Citizenship. If you intend, as you’ve clearly stated, to obtain your British Citizenship purely on your own MERIT, the 12 months wait is a MUST. Otherwise, you’ll need to re-apply, indicating that you’re married to, or in civil partnership with, a British Citizen. Make sure the relevant marriage documentations are enclosed. Good luck!

BrookGreen2012 · Post by **BrookGreen2012** » Fri Apr 13, 2012 11:52 am

Thank you to everyone who has posted a reply to my question. I have decided to wait until the end of the 12-month period, which is next month, to resubmit my application and pay the required fee once again. I really hope that I will be successful this time. The bureaucracy is complex and frustrating. This board has helped to clarify matters for me. Thank you.

Post by **John** » Fri Apr 13, 2012 1:23 pm

BrookGreen2012, in my opinion that is very sensible, but do ensure that you were physically in the UK exactly 5 years before UKBA will receive the Naturalisation application.

niteshj · Post by **niteshj** » Thu Apr 11, 2013 11:56 pm

http://www.immigrationboards.com/viewtopic.php?p=823030

robakles · Post by **robakles** » Fri May 24, 2013 6:21 pm

i know a family who got refused because they claimed all benefits avialable, and also this is bizarre - a guy got refused because he had 3 points for speeding on his licence , which was 2 years prior to application , he didnt have to mention that , but lady in ncs adviced him to do it , he challenged it later with lawyers and ukba said because he mentioned it , it created confusion , they thought it was conviction , a court case that led to 3 points, therefore was refused, eventually they gave it to him , good advise - if you dont have to mention something - dont ! in both cases they wer polish nationals

Post by **Amber** » Fri May 24, 2013 7:46 pm

robakles wrote:i know a family who got refused because they claimed all benefits avialable, and also this is bizarre - a guy got refused because he had 3 points for speeding on his licence , which was 2 years prior to application , he didnt have to mention that , but lady in ncs adviced him to do it , he challenged it later with lawyers and ukba said because he mentioned it , it created confusion , they thought it was conviction , a court case that led to 3 points, therefore was refused, eventually they gave it to him , good advise - if you dont have to mention something - dont ! in both cases they wer polish nationals

Benefits shouldn't cause an issue unless they were committing benefit fraud and also the FPN seems unlikely. I suspect the people involved didn't tell you the real reasons for refusal which is the usual case.

anustaya · Post by **anustaya** » Sat Jul 06, 2013 10:46 pm

vinny wrote:
BrookGreen2012 wrote:According to my friend, a solicitor friend of hers advised her to apply for British citizenship as soon as she was granted ILR, because the minimum residential requirement of 12 months would not apply to applicants who have ILR based on 10-year long stay.
There is no such provision.

Discretion to disregard immigration time restrictions in the final 12 months is subject to 7.5

However, if you're the spouse or civil partner of a British citizen, then there is no requirement to wait 12 months after ILR under section 6(2).

Hi guys,
I have read the provision but the wording is not very clear. For instance I got my ILR about a two weeks ago (thanks to you lot on the forum). My wife has applied for her British citizenship and waiting for the decision. We have been married for 9 years and I have beenabsence from the UK for just 6 days in the last six years.

Does it means I can apply for my British citizenship (as a spouse to a British citizen) immidiately after my wifes British citizenship ceremony?

I need some clarification please.

Post by **Amber** » Sun Jul 07, 2013 8:52 am

anustaya wrote:
vinny wrote:
BrookGreen2012 wrote:According to my friend, a solicitor friend of hers advised her to apply for British citizenship as soon as she was granted ILR, because the minimum residential requirement of 12 months would not apply to applicants who have ILR based on 10-year long stay.
There is no such provision.

Discretion to disregard immigration time restrictions in the final 12 months is subject to 7.5

However, if you're the spouse or civil partner of a British citizen, then there is no requirement to wait 12 months after ILR under section 6(2).
Hi guys,
I have read the provision but the wording is not very clear. For instance I got my ILR about a two weeks ago (thanks to you lot on the forum). My wife has applied for her British citizenship and waiting for the decision. We have been married for 9 years and I have beenabsence from the UK for just 6 days in the last six years.

Does it means I can apply for my British citizenship (as a spouse to a British citizen) immidiately after my wifes British citizenship ceremony?

I need some clarification please.

Yes. Remembering that you must have been physically present in the UK 3 years prior to the HO receiving your application.

anustaya · Post by **anustaya** » Sun Jul 07, 2013 3:14 pm

Thanks bud. That reslly helpd

Immigrationboards.com: Immigration, work visa and work permit discussion board

Unsuccessful applications

Unsuccessful Naturalisation (AN) applications

Re: Unsuccessful applications

Re: Unsuccessful applications

Naturalisation refusal: applying before 12 months from ILR

Unsuccessful BC application: reply to John

Unsuccessful BC application: reply to CherryPlum

Unsuccessful BC application: thank you for all your replies

refusal

Re: refusal