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Canadian wife has been refused her BC

Posted: Fri Jul 19, 2019 2:59 pm
by jeyness
So my wife applied for her BC, having been here for just under 5 years and meeting all of the requiremenrs set out on the gov website for becoming a british citizen.

We just had the letter of refusal sent through, without much information on it, stating:

Your application was recieved on 23rd April 2019. As you were subject to a time limit on your stay in the UK on the dat of your application you do not meet one of the residence requirements. The home secretary has no discretion to waive this particular requirement and as you do not meet it your application has been refused.

It then goes on to say she must take steps to regularise her immigration status and that on £80 will be refunded.

Does anyone have any ideas on this? her visa was renewed last year, with the health surcharge and biometrics etc all up to date.

I'm not really sure what requirement she has not met...

Re: Canadian wife has been refused her BC

Posted: Fri Jul 19, 2019 3:09 pm
by secret.simon
In order to apply for British citizenship, your wife needs to have ILR or PR before she applies for British citizenship.
jeyness wrote:
Fri Jul 19, 2019 2:59 pm
As you were subject to a time limit on your stay in the UK on the dat of your application you do not meet one of the residence requirements.
It sounds like your wife did not have ILR/PR before she applied for British citizenship.

She also needs to physically be in the UK exactly three/five years before the date of application.

Re: Canadian wife has been refused her BC

Posted: Fri Jul 19, 2019 4:44 pm
by jeyness
That does seem to be the case.. how foolish.

I have just seen, also the ILR application is almost £2400! seems like a con...

Re: Canadian wife has been refused her BC

Posted: Fri Jul 19, 2019 9:39 pm
by zimba
It is not foolish. The nationality law requires that an applicant applying for naturalisation to be free from immigration restrictions. So she must have ILR before applying and it was your mistake not to read the guide correctly and apply when she was not eligible :?

Re: Canadian wife has been refused her BC

Posted: Sun Jul 21, 2019 9:56 pm
by Djsuccess
jeyness wrote:
Fri Jul 19, 2019 2:59 pm
So my wife applied for her BC, having been here for just under 5 years and meeting all of the requiremenrs set out on the gov website for becoming a british citizen.

We just had the letter of refusal sent through, without much information on it, stating:

Your application was recieved on 23rd April 2019. As you were subject to a time limit on your stay in the UK on the dat of your application you do not meet one of the residence requirements. The home secretary has no discretion to waive this particular requirement and as you do not meet it your application has been refused.

It then goes on to say she must take steps to regularise her immigration status and that on £80 will be refunded.

Does anyone have any ideas on this? her visa was renewed last year, with the health surcharge and biometrics etc all up to date.

I'm not really sure what requirement she has not met...
She needs to apply for ILR first before applying for BC. What visa was she on before?