Immigrationboards.com

Posted: **Fri Mar 13, 2020 11:20 pm**

Hi,

My naturalisation was refused Yesterday.

Reason

You were not compliant with the immigration law You didn’t have a valid leave from 20th may 2016 to 10th July 2017. You have declared employment as a director of Xx company.

Immigration history

I got tier 1 entrepreneur visa in 2013
My initial tier 1 entrepreneur visa expired on 20th May. I applied the visa before 20th may but my 1st extension visa application got refused. I applied for admin review which was refused as well. Then I applied in Dec 2016 fresh application which was approved I was granted on July 10th. Then applied for ILr which was approved.

What are my options ?

I was a director of the company which was the basic requirement for extension visa to claim points. Please advice

Thanks in advance

Posted: **Sat Mar 14, 2020 8:00 am**

Aab1988 wrote: ↑
Fri Mar 13, 2020 11:20 pm
Hi,

My naturalisation was refused Yesterday.

Reason

You were not compliant with the immigration law You didn’t have a valid leave from 20th may 2016 to 10th July 2017. You have declared employment as a director of Xx company.

Immigration history

I got tier 1 entrepreneur visa in 2013
My initial tier 1 entrepreneur visa expired on 20th May. I applied the visa before 20th may but my 1st extension visa application got refused. I applied for admin review which was refused as well. Then I applied in Dec 2016 fresh application which was approved I was granted on July 10th. Then applied for ILr which was approved.

What are my options ?

I was a director of the company which was the basic requirement for extension visa to claim points. Please advice

Thanks in advance

If you made an in-time application in May 2016, then you still have the right to continue to work while awaiting the outcome of your extension. The only time you might have lost the continuity was between the AR refusal (15 Nov 2016) and Dec 2016 when you made a fresh application. Since you made a fresh application within 28 days, based on the rule at the time, it would appear that your continuity was not lost. This might explain why your ILR was approved.

I am not entirely sure why your naturalisation application has been refused. Perhaps you shouldn't be working between Dec 16 and Jul 17 ?
I will allow others to comment on this?

Posted: **Sat Mar 14, 2020 8:33 am**

Does the letter tell you when you can apply in the future?

Posted: **Sat Mar 14, 2020 1:10 pm**

Hi,

Letter says in July 2027 I can reapply

I was the director of the company it clearly says in the guidance of tier 1 entrepreneur extension that for Within the three months before the date of application, you have been: (a) registered with HM Revenue & Customs as self-employed, or
(b) registered with Companies House as a director of a UK company or member of a UK partnership to claim 15 points.

Above requirement was very important for extension that was I have done as per the immigration law.

I have done everything according to the immigration law.

Please advice guys I would reapply appreciate l.

Thank You

Posted: **Sat Mar 14, 2020 9:31 pm**

Hi
According to your prospective you are absolutely
Right as per entrepreneur you must be a director of running business.
But from HO prospective they consider your application according to immigration that if your extension application is refused you have no right to work as a director how your were working while you applying for fresh application.
I would recommend you what I have read in same forum a guy had similar issue but differed visa route he filed PAP against decision with proper explanation which you need to explain as well to them.
After HO considered his application and asked him to submit application again you do the same think I would say.
Hope you get your decision overturn.

Posted: **Sat Mar 14, 2020 10:52 pm**

Hi,

Thanks for your help I would explain them but should I go for PAP or reconsideration? As I have only done what was written in the tier 1 entrepreneur guideline . Can I go for both the options at the same time ?Please advice

Also other members please help me as I have not done anything wrong I just followed immigration law ( tier 1 entrepreneur guideline ) to claim 15 points for extension.

Thank You

Posted: **Sun Mar 15, 2020 8:39 pm**

Yeh
I think you should go for reconsideration first explain them and print out the pages from enterpenure guideline attach with your reconsideration letter for ref and explain you followed HO guideline for guideline as per law
Try to explain as proper as you can.
Best of luck and keep updates

Posted: **Sun Mar 15, 2020 8:54 pm**

Naturalisation is not an immigration application. They don't use the same rules. You can apply for an ILR and get it, but with the same circumstances fail the test for naturalisation.

The question is really simple: did you work without a leave during the last 10 years?

You were in a situation where your extension application failed then the administrative failed too.

From that point you kept working for more than a year until you again managed to get a new leave. For them, this time is illegal work.

You can still try to argue with them by paying for a reconsideration but your mileage vary really. I have seen a couple of successful cases when people manage to demonstrate they weren't working but never the opposite (I was working without leave and rightly so).

Posted: **Sun Mar 15, 2020 9:17 pm**

Hi,

Sure Waqas I will keep everyone updated.

Zerubbabel thanks for your advice I completely understand what you said but it also says in the refusal letter that I was not compliant with immigration law. Immigration law says that’s I need be a director for a company for extension before 3 months of extension application. I would have understand if I was on JOB visa or there was no requirement of been director for extension. So technically I was compliant with immigration law.

Please advice

Thank You

Posted: **Mon Mar 23, 2020 4:21 pm**

Can please anyone help me ? Please also let me know will it effect my existing leave which is ILR?

Thank You

Posted: **Tue Mar 24, 2020 6:07 pm**

Being director of a company in the UK should not affect you but the question is if you were on payroll or not ?!

Posted: **Tue Mar 24, 2020 8:13 pm**

Hi Zimba,

Thanks for your reply and thank you once again as just because your help I got my extension at that time

now I again I need your help.

I was on payroll until I lost admin review in Oct/ Nov 2016 but I will double check it with my accountant tomorrow. If I was not on payroll then means home office has made an error ?

If I was on payroll or decide not to send for reconsideration to HO. Can they HO revoke my ILR ? Or it wont effect my ILR? Please advice

Thank You

Posted: **Tue Mar 24, 2020 11:12 pm**

Aab1988 wrote: ↑
Tue Mar 24, 2020 8:13 pm
Hi Zimba,

Thanks for your reply and thank you once again as just because your help I got my extension at that time now I again I need your help.

I was on payroll until I lost admin review in Oct/ Nov 2016 but I will double check it with my accountant tomorrow. If I was not on payroll then means home office has made an error ?

If I was on payroll or decide not to send for reconsideration to HO. Can they HO revoke my ILR ? Or it wont effect my ILR? Please advice

Thank You

Your ILR will not be revoked. You will continue on your ILR until you are qualified to reapply for naturalisation

Posted: **Wed Mar 25, 2020 1:57 am**

Aab1988 wrote: ↑
Tue Mar 24, 2020 8:13 pm
Hi Zimba,

Thanks for your reply and thank you once again as just because your help I got my extension at that time now I again I need your help.

I was on payroll until I lost admin review in Oct/ Nov 2016 but I will double check it with my accountant tomorrow. If I was not on payroll then means home office has made an error ?

If I was on payroll or decide not to send for reconsideration to HO. Can they HO revoke my ILR ? Or it wont effect my ILR? Please advice

Thank You

Your ILR remains unfaceted. There are no restrictions on foreign nationals being a UK company director, shareholder, or a secretary. You even do not have to live in the UK or be resident here. However when you are on payroll here, things will change and you are expected to have the right to work if you are working. You may have fallen foul of your answers on the application. I assume you entered the periods you were simply a director BUT NOT on the payroll as periods of employment on your application and they probably refused you based on this.

Posted: **Wed Mar 25, 2020 9:51 am**

Aab1988: Sorry to hear you are going through this situation.

Zimba and all other Gurgus: I recently applied naturalisation had a similar situation but I am not on the payroll for that period of time till my visa got approved, pls see below my comments.

1. March-2014 applied for Tier 1 Entrepreneur was refused with appeal rights. All appeals right exhausted March-2015. I applied fresh application before the expiry of section 3C within 28 days and my application was approved and I was not in payroll for those years (Mar-2014 -Mar 2015), but I made a mistake on my online naturalisation application where I entered/provided in employment history I am currently an employee with my company and as a director of my company from March-2014 till date.
I am concern UKVA might think I am was on payroll and they might refuse my naturalisation based on the information provided to them. Pls assist me in what will be the outcomes based on your experience.

Many thanks in advance for your great effort in helping us by sharing your experience.

Posted: **Wed Mar 25, 2020 10:07 am**

SHSHSH wrote: ↑
Wed Mar 25, 2020 9:51 am
Aab1988: Sorry to hear you are going through this situation.

Zimba and all other Gurgus: I recently applied naturalisation had a similar situation but I am not on the payroll for that period of time till my visa got approved, pls see below my comments.

1. March-2014 applied for Tier 1 Entrepreneur was refused with appeal rights. All appeals right exhausted March-2015. I applied fresh application before the expiry of section 3C within 28 days and my application was approved and I was not in payroll for those years (Mar-2014 -Mar 2015), but I made a mistake on my online naturalisation application where I entered/provided in employment history I am currently an employee with my company and as a director of my company from March-2014 till date.
I am concern UKVA might think I am was on payroll and they might refuse my naturalisation based on the information provided to them. Pls assist me in what will be the outcomes based on your experience.

Many thanks in advance for your great effort in helping us by sharing your experience.

This is not a general discussion topic for all to post in. Please continue in your existing topic that you already have.

british-citizenship/naturalisation-ques ... l#p1890181

Posted: **Thu Mar 26, 2020 2:06 am**

Hi Zimba,

Thank You for your reply.

I have checked it from my side I last on Payroll in November 2016. I had stopped taking wages after admin review refusal till I got my extension.

HO has said in refusal letter i didn’t have visa from 20th May 2016 till July 2017 but My visa expired in May 2016 and I got refusal in mid October 2016 and admin review by almost end of November 2016. So why home is raising this issue for May 2016 to nov 2016 period ?

I Have mentioned in the employment section that I was director during that period that’s what HO said in refusal letter that your declared that you were the director in that period.

Please advice now what to do ? Do you see any chance in reconsideration?

Thanks in advance for taking out your time

.

Thank You

Posted: **Sat Mar 28, 2020 10:50 pm**

Don't go straight to pre-action protocol / JR. You cannot bring a judicial review if you have an adequate alternative remedy. A right to reconsideration is a suitable alternative. So do that first.

It is essential you provide clear details of when you were working (payroll, etc) considered against your immigration dates.

Posted: **Sat Mar 28, 2020 11:19 pm**

Aab1988 wrote: ↑
Thu Mar 26, 2020 2:06 am
Hi Zimba,

Thank You for your reply.

I have checked it from my side I last on Payroll in November 2016. I had stopped taking wages after admin review refusal till I got my extension.

HO has said in refusal letter i didn’t have visa from 20th May 2016 till July 2017 but My visa expired in May 2016 and I got refusal in mid October 2016 and admin review by almost end of November 2016. So why home is raising this issue for May 2016 to nov 2016 period ?

I Have mentioned in the employment section that I was director during that period that’s what HO said in refusal letter that your declared that you were the director in that period.

Please advice now what to do ? Do you see any chance in reconsideration?

Thanks in advance for taking out your time .

Thank You

You had section 3C cover which allows you to work as normal in that period. I already explain what you need to say in the reconsideration claim. You should argue that you did not work and were not on payroll. Your answers on your form were poorly thought out

avjones wrote: ↑
Sat Mar 28, 2020 10:50 pm
Don't go straight to pre-action protocol / JR. You cannot bring a judicial review if you have an adequate alternative remedy. A right to reconsideration is a suitable alternative. So do that first.
It is essential you provide clear details of when you were working (payroll, etc) considered against your immigration dates.

Naturalisation is NOT an immigration application and is governed by nationality law. Grant of British citizenship is purely discretionary. You cannot pursue JR against HO for a rejection of your application. This is completely different from immigration applications

Posted: **Sat Mar 28, 2020 11:43 pm**

You absolutely can bring a case for rejection of nationality via JR in the High Court! I've done it. Lots of times.

Most recently, a successful judicial review of a decision by the SSHD not to register a British National (OVerseas) as a British Citizen - judgment was given in January.

Amanda

Posted: **Sat Mar 28, 2020 11:47 pm**

avjones wrote: ↑
Sat Mar 28, 2020 11:43 pm
You absolutely can bring a case for rejection of nationality via JR in the High Court! I've done it. Lots of times.

Most recently, a successful judicial review of a decision by the SSHD not to register a British National (OVerseas) as a British Citizen - judgment was given in January.

Amanda

I had to be specific. I am not talking about the failure to follow the law in cases like registration. I am talking about naturalisation applications where the grant is mostly discretionary.

Posted: **Sun Mar 29, 2020 12:51 am**

Exercise of a discretion is subject to judicial review.

Posted: **Sun Mar 29, 2020 2:45 pm**

avjones wrote: ↑
Sun Mar 29, 2020 12:51 am
Exercise of a discretion is subject to judicial review.

How can it be? Discretion by its very definition is means consideration to offer flexibility where it does not meet the actual criteria. By admiting or claiming discretion was not applied means an admission that "oh I did not meet criteria and needed the flexibility to get naturalised but oh BTW you were not fair to me and did not be leniant with me".

Unless you can cite actual case references where judicial review was granted for naturalisation case of this instance it did not happen.

Posted: **Mon Mar 30, 2020 12:24 am**

I've already posted some cases higher up the thread!

Amanda

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