Immigrationboards.com

hello, everyone,
this is my first time to write something here
i have received a refusal for my citizenship application this week
the HO is accusing me of enter the country illegally
i have no idea how they come to this conclusion
i came to the UK on 2008 on a tourist visa, my visa was valid for 6 months and after 4 months i have claimed asylum seeker, before my visa expire

the home office is saying i have verbally deceived the immigration officer
because i said i was going to stay only for 14 days but i stayed for more than this

they give me the option to submit a reconsideration request and i think i will do this
and i will also seek legal help
i was wondering if you can help me and tell me what to write to the home office
should i do this reconsideration thing or not , i feel like there is no point to do it and its a waste of money
please advice me guys
thanks

I am requesting a reconsideration of the naturalization decision dated 09/03/2016. The reason I request this reconsideration is because I believe that my case has not been considered sufficiently.
My recent application for naturalization was refused due to the caseworker accusations of illegal entry.

Section 69 of the Immigration and Asylum Act 1999 identify the illegal entry as follow
1. A person who enters the UK clandestinely;
2. A person who enters the UK in breach of a deportation order;
3. A person who enters the UK using forged or false documents;
4. A person who obtains leave to enter (LTE) by verbal deception to an immigration officer; and/or
5. A person who cannot produce any evidence of lawful entry, nor give a Credible account of their entry, to the UK

• I have not committed any of the above cases and I have entered the UK legally, which makes me a good character.
• I have made an application for a united Kingdome visitor visa for a 14 days holiday during the summer of 2008, however I was granted leave to entre for a 6 months valid from 22 June 2008 until 22 December 2008, despite the fact that I have only applied for 14 days visit.
• After receiving the visa, I was surprised to see that its valid for 6 months, so I have called the British consulate in Egypt and asked them if I could stay more than 14 days and less than 4 months, and I remember clearly them saying to me on the phone “ its ok to stay more than 14 days as long as I don’t overstay the visa”
Booking the ticket and why I didn’t book a return ticket?

• I have booked my ticket to the UK via a travel agency in Cairo and the employee who booked the ticket didn’t say anything about a return ticket, as an adult this was my first time to travel outside Egypt. Simply I didn’t know there is something called a return ticket, I have only used taxis and underground and trains in Egypt, and I have never flown outside Egypt before and I have never used the return ticket before coming to the UK.
• The British consulate didn’t advice me to buy a return ticket and during the application for visa process no one have told me I should buy a return ticket.
Arriving at the UK and why I didn’t inform the immigration officer at the airport
I have arrived to the UK via Manchester airport and the officer who stamped my passport asked me where is my return ticket and I have apologized to him and told him that I didn’t know I should have bought a return ticket and told him I will book it from the UK. The officer stamped my passport and wished me a good holiday. However I don’t remember him asking me how long I was going to stay. He did ask me where I am going to stay but didn’t ask me how long I was going to stay. Which means I didn’t not verbally deceived the immigration officer. Because I wasn’t required to have a return ticket And I have made a legal entry to the United Kingdome. And I have respected the law of the country to the most.
Which means I have not committed illegal entry to the united Kingdome and I have respected the law.
I can’t remember exactly what I said to the home office regarding the arrival at the UK airport but I think this is the truth.
I may have told them that I told the immigration office that I am here to stay only 14 days, however even if I told him this still this still legal entry I think. Because i was planning to have a good time at the summer and not to work or study, and until the day I claimed asylum I was just a tourist enjoying his time in the UK. So I haven’t lied to the officer

After arriving in the UK I have moved around and went to many cities and have decided to change my religion which lead me to claim asylum seeker in the UK before my visa expires, and since that day I have been a good person and I am a member of the bible study group at the university of Salford and I attend the church from time to time and still 100% Christian and I read the bible.

My intention when I first came to the UK was to spend a good time in my summer vacation and to know more about the English culture and I wasn’t planning to stay for more than 4 or 5 months I wasn’t planning to stay more than that.




Finally, I wish to highlight Article 31 of the Refugee Convention, which states that Contracting States (such as the UK) should not impose penalties on account of illegal entry or presence in the UK. Moreover, under Article 34 of the Refugee Convention the UK is obliged to facilitate the naturalization of refugees, this includes expedition of proceedings. A 10-year ban appears to be contrary to both Articles of the Refugee Convention.
I haven’t commit illegal entry to the UK by any way,

samsemsem wrote:After receiving the visa, I was surprised to see that its valid for 6 months, so I have called the British consulate in Egypt and asked them if I could stay more than 14 days and less than 4 months, and I remember clearly them saying to me on the phone “ its ok to stay more than 14 days as long as I don’t overstay the visa”

Did you get that in writing? Because if you didn't, that's just your memory of a conversation 7 years ago on the phone.

samsemsem wrote: i came to the UK on 2008 on a tourist visa, my visa was valid for 6 months and after 4 months i have claimed asylum seeker, before my visa expire

Such long waits between entry and Asylum claims are always going to draw extra scrutiny. This seems to be what has jumped out in your case for the HO to look into matters so deeply.

samsemsem wrote:the home office is saying i have verbally deceived the immigration officer
because i said i was going to stay only for 14 days but i stayed for more than this

When you make a specific statement such as this to an immigration officer, it is explicitly noted and you are pretty much bound to this. Within reason they will forgive a relatively short amount of stay past that noted time of departure, in your case, maybe a few days, perhaps a week. But not 3 1/2 months with an asylum claim shoved in. That's just too much to expect for any government, even one as normally forgiving as the UK.

samsemsem wrote: I am requesting a reconsideration of the naturalization decision dated 09/03/2016. The reason I request this reconsideration is because I believe that my case has not been considered sufficiently.
My recent application for naturalization was refused due to the caseworker accusations of illegal entry.

Section 69 of the Immigration and Asylum Act 1999 identify the illegal entry as follow
.
.
.
4. A person who obtains leave to enter (LTE) by verbal deception to an immigration officer; and/or

From the information you've given, it looks like they've got hard evidence to support this assertion

samsemsem wrote: • I have made an application for a united Kingdome visitor visa for a 14 days holiday during the summer of 2008, however I was granted leave to entre for a 6 months valid from 22 June 2008 until 22 December 2008, despite the fact that I have only applied for 14 days visit. After receiving the visa, I was surprised to see that its valid for 6 months

This is a standard visitor visa. 6 months is the minimum. The entry officer may specify a shorter period when you enter the country.

samsemsem wrote: • After receiving the visa, I was surprised to see that its valid for 6 months, so I have called the British consulate in Egypt and asked them if I could stay more than 14 days and less than 4 months, and I remember clearly them saying to me on the phone “ its ok to stay more than 14 days as long as I don’t overstay the visa”

If you can provide written evidence that this was information you were given, then that would be in your favor. But I think it will be difficult for you to prove that this conversation even took place, much less that the British Consulate said what you think they said. Even then, I think that you either took some liberty with whatever statements they gave you, completely misunderstood it, or just decided they were saying what you wanted them to say instead what they actually said. Plus, I'm not sure they had all of the information. Did the entry officer actually stamp your passport with a leave date? If so, did you tell the British consulate this in that phone conversation? A 14 day visit extended a few days because of ticket availability or no particular reason at all might just be ignored without a second thought. A medical emergency could excuse a longer stay of a month or so more beyond that leave date, depending on the emergency and the treatment required. If Egypt had suddenly erupted into a bloody civil war with marked sectarian clashes a week after you entered the UK, understandable. Otherwise, it looks on paper like you just came and decided to stay with no intention of ever leaving.

samsemsem wrote: • I have booked my ticket to the UK via a travel agency in Cairo and the employee who booked the ticket didn’t say anything about a return ticket, as an adult this was my first time to travel outside Egypt. Simply I didn’t know there is something called a return ticket, I have only used taxis and underground and trains in Egypt, and I have never flown outside Egypt before and I have never used the return ticket before coming to the UK.
• The British consulate didn’t advice me to buy a return ticket and during the application for visa process no one have told me I should buy a return ticket.
Arriving at the UK and why I didn’t inform the immigration officer at the airport
I have arrived to the UK via Manchester airport and the officer who stamped my passport asked me where is my return ticket and I have apologized to him and told him that I didn’t know I should have bought a return ticket and told him I will book it from the UK. The officer stamped my passport and wished me a good holiday.

It's a miracle they let you in. Even in those days when the mood was lot lighter towards visitors and immigration, that's impressive.

samsemsem wrote: However I don’t remember him asking me how long I was going to stay. He did ask me where I am going to stay but didn’t ask me how long I was going to stay. Which means I didn’t not verbally deceived the immigration officer. Because I wasn’t required to have a return ticket And I have made a legal entry to the United Kingdome. And I have respected the law of the country to the most.
Which means I have not committed illegal entry to the united Kingdome and I have respected the law.
I can’t remember exactly what I said to the home office regarding the arrival at the UK airport but I think this is the truth.
I may have told them that I told the immigration office that I am here to stay only 14 days, however even if I told him this still this still legal entry I think. Because i was planning to have a good time at the summer and not to work or study, and until the day I claimed asylum I was just a tourist enjoying his time in the UK. So I haven’t lied to the officer

Gather together what hard evidence you can to prove this. Keep in mind that the UK likely has its evidence in place.

samsemsem wrote: Finally, I wish to highlight Article 31 of the Refugee Convention, which states that Contracting States (such as the UK) should not impose penalties on account of illegal entry or presence in the UK. Moreover, under Article 34 of the Refugee Convention the UK is obliged to facilitate the naturalization of refugees, this includes expedition of proceedings. A 10-year ban appears to be contrary to both Articles of the Refugee Convention.

First question, as that wasn't absolutely clear. Were you actually granted asylum? If so, when?

As far as the convention is concerned, it is not binding. Further, any country may apply its own rules to qualification for naturalization. This may include any character requirements with regards to local laws and the country's own immigration law. They are obliged to facilitate the availability and the process for reasonable and typical refugee situations, but no country is obliged to do this irrespective its own laws.