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My British citizenship refused
Posted: Wed Nov 27, 2019 1:22 pm
by Olusolahal
I entered into the uk in 2004, I was illegal till 2011,
I was 1st known to immigration March 2011,
I was granted 3 years dlr october 2011,
I got my Indefinite leave January 2018,
Applied for Naturalisation June 2019
Application for Naturalisation refused 22nd November 2019
I will just quote the first 2 paragraph of refusal:
For the purposes of Naturalisation as British citizen, we would not normally consider someone who has been in breach of the immigration laws at any time during the 10 years immediately prior to their application as being of good character. This includes where someone has failed to take reasonable steps to ensure the remain compliant with immigration laws.
Your application was decided on 22 November 2019, so the 10 year period is from 23 November 2009 to 22 November 2019.
You state you first entered the UK on 01 April 2004, There is no Home Office record of visa demonstrating your entry into the UK was legal.You remained in the UK without valid leave to remain until 18 october 2011 when you were granted discretionary leave to remain...................'
My argument is that the caseworker made error in the date he mentioned by starting from November 2009 to November 2019. Do I stand a good chance of being successful for my reconsideration?
Re: My British citizenship refused
Posted: Wed Nov 27, 2019 2:16 pm
by Ifycamilla
From the the information you made available, I believe you stand no chance of winning the case against homeoffice,, the reason is that , based on good character, you failed...you need to apply again in 2021...Cr100 is the guru here. Let hear from him too
Re: My British citizenship refused
Posted: Wed Nov 27, 2019 5:10 pm
by secret.simon
Olusolahal wrote: ↑Wed Nov 27, 2019 1:22 pm
My argument is that the caseworker made error in the date he mentioned by starting from November 2009 to November 2019. Do I stand a good chance of being successful for my reconsideration?
The caseworker has not erred.
The Good Character requirements require that the applicant should not have resided in the UK in violation of the Immigration Rules at any time in the ten years immediately preceding the date of the decision.
Good character guidance wrote:(Page 46)An application will normally be refused if, within the previous 10 years (before the date of decision), the person has not complied with immigration requirements, including having:
• failed to comply with (breached) conditions imposed under the Immigration Acts, for example:
• accessed public funds when prohibited from doing so
• worked in the UK without permission to do so
• studied in the UK in contravention of any restrictions on studying
• failed, without reasonable excuse, to report when required to do so
• remained in the UK after their leave, including when leave extended by virtue of section 3C or 3D of the Immigration Act 1971 has expired. See: Overstaying
Abuse of immigration requirements may also occur if a person enters or remains in the UK for a purpose other than that for which they were given leave to enter or remain. For example, where a person is found to be working full time in the UK having entered the UK as a Tier 4 student and having failed to undertake or complete the course of study for which the leave was given.
You will need to wait till at least March 2021 (ten years after you became known to immigration) before reapplying, but better to wait till at least 18 October 2011 (ten years after your illegal residence ended).
Re: My British citizenship refused
Posted: Wed Nov 27, 2019 5:25 pm
by Obie
I believe the caseworker may be referring to the time you sought to regularise your status, which is probably 2009 November, and you were granted in 2011.
In principle, a person who applied and awaiting decision should not be penalised for waiting for a positive decision.
The period after which a valid application was made for reconsideration, should not be considered as period when a person was in breach of Immigration law, as during that period, the person could not be removed unless those representions have been considered.
If however the person engages in employment activities during that period. Then it is a different matter altogether.
Re: My British citizenship refused
Posted: Wed Nov 27, 2019 5:38 pm
by Olusolahal
My 1st application was March 2011.
Re: My British citizenship refused
Posted: Wed Nov 27, 2019 5:57 pm
by secret.simon
Olusolahal wrote: ↑Wed Nov 27, 2019 5:38 pm
My 1st application was March 2011.
You would want to wait till at least March 2021 before reapplying.
Re: My British citizenship refused
Posted: Wed Nov 27, 2019 6:51 pm
by Djsuccess
Olusolahal wrote: ↑Wed Nov 27, 2019 1:22 pm
Your application was decided on 22 November 2019, so the 10 year period is from 23 November 2009 to 22 November 2019.
The caseworker was right in that he/she calculated your 10 years legal residence requirement from the day your naturalisation application was decided which will be 22 Nov 2019 -23 Nov 2009. And as at 23 Nov 2009 you did not have a legal residence status or known to the HO.
As you have been advised already, you should wait till 2021 before applying.
Re: My British citizenship refused
Posted: Fri Nov 29, 2019 10:27 am
by luqi2020
Olusolahal wrote: ↑Wed Nov 27, 2019 1:22 pm
I entered into the uk in 2004, I was illegal till 2011,
I was 1st known to immigration March 2011,
I was granted 3 years dlr october 2011,
I got my Indefinite leave January 2018,
Applied for Naturalisation June 2019
Application for Naturalisation refused 22nd November 2019
I will just quote the first 2 paragraph of refusal:
For the purposes of Naturalisation as British citizen, we would not normally consider someone who has been in breach of the immigration laws at any time during the 10 years immediately prior to their application as being of good character. This includes where someone has failed to take reasonable steps to ensure the remain compliant with immigration laws.
Your application was decided on 22 November 2019, so the 10 year period is from 23 November 2009 to 22 November 2019.
You state you first entered the UK on 01 April 2004, There is no Home Office record of visa demonstrating your entry into the UK was legal.You remained in the UK without valid leave to remain until 18 october 2011 when you were granted discretionary leave to remain...................'
My argument is that the caseworker made error in the date he mentioned by starting from November 2009 to November 2019. Do I stand a good chance of being successful for my reconsideration?
Hi dear
Did you apply asylum in your pervious history?
Re: My British citizenship refused
Posted: Fri Nov 29, 2019 10:37 am
by Olusolahal
No
Thanks
Re: My British citizenship refused
Posted: Fri Nov 29, 2019 10:44 am
by luqi2020
Thank you