Immigrationboards.com

Dear Forum Member

My family friend naturalization application was refused last week due to being over stayer before their indefinitely leave to remain however 2 children that born in Uk in that family under age 9 their application was approved

Brief:

Family of 5 : Husband , wife , son (13 yrs) foreign national ,while other remaining 2 children (under 10 yrs) were born in UK

This family submitted their application before new rule ( good character) all application were rejected but only the 2 children application born in UK were approved

The family were granted indefinitely to remain in 2009 and Home office wrote to the family they could only apply in 2019

The family was disappointed since they apply before this new rule and beside they think Home office should have granted their son

Is it possible to challenge the Home office?

kindly please advise

No, there won't be much success in 'challenging' HO. The rules are the rules and they clearly state that the new good character requirement comes into effect for any decisions made on or after they were implemented.

The UK born children have an entitlement to register as British, so their approval is correct.

Was the husband, wife and older son all overstayers?

On what basis were they granted ILR in 2009?

Thank you for your reply

All the family were over stayers

The family were granted on basis of compassionately leave in 2009

Did you apply for asylum or were you and your family refugees?

[quote="CR001"]Did you apply for asylum or were you and your family refugees?[/quot

They are not asylum or refugees

How did you enter the UK then?

CR001 wrote:How did you enter the UK then?

The family entered UK on a visit visa between 2004/2005 including their son

And just decided to stay?

In that case the refusals are correct and they will be able to apply in 2019, 10 years from the date they were granted ILR or regulised their immigration status.

CR001 wrote:And just decided to stay?

In that case the refusals are correct and they will be able to apply in 2019, 10 years from the date they were granted ILR or regulised their immigration status.

Yes

i will pass the information to them

Thank you for your time

You are welcome and it is only a couple of years for them to wait.

For info, reconsideration cost £80 per applicant. There isn't an appeal process for citizenship applications