Immigrationboards.com

Hello Kind friends,

I will appreciate it if everyone will help me gather the necessary information to apply for the Naturalisation Reconsideration.
I recently applied for Naturalisation on Form T but I was refused because the Caseworker refused my application under Section 1(4) of the British Nationality Act 1981.
“To be entitled to registration under this section, the applicant must have been born in
the United Kingdom and have spent the first ten years of their life in the United
Kingdom and should not have been outside the United Kingdom for more than 90
days in each of those ten years. As you were not born in the United Kingdom, this requirement is not met and your application is refused”.

Background of my current status:
I am now 20 years of age. I came to the UK at the age of 2 on 23 October 2003 with my mum to join my Dad on his Student Visa as dependants. My parents are currently on renewable 30 months Leave to Remain Visa but I opted to apply for Naturalisation when our last 30 months Visa expired on 10/07/2020.
It's true I was not born in the UK but looking at the number of years I have been in the Uk for 18 years.

1. Is there any Nationality Act, Regulation or Law Cases that I can rely on to back up my Reconsideration application?

I am relying on your kind gestures.

Thank you all in advance.

You don't qualify for citizenship on form T as a person born abroad. Simply living in the UK for 18 years is not sufficient.

The requirment for form T is you need to meet BOTH the requirements, ie born in the UK AND lived here for the first 10 years of your life. You meet neither condition.

You also require ILR before you can apply for citizenship on form AN.

If you have no valid visa now, you are an overstayer since your last visa expired

Hi CR001,

Thank you very much for your quick response.

I appreciate your advice but if you will be kind once again or someone to explain to me the Nationality Act 1983 Section 6 (1) as below:


Subject to paragraph 2, the requirements for naturalisation as a British citizen under section 6(1) are, in the case of any person who applies for it—
(a)the requirements specified in sub-paragraph (2) of this paragraph, or the alternative requirement specified in sub-paragraph (3) of this paragraph; and
(b)that he is of good character; and
(c)that he has sufficient knowledge of the English, Welsh or Scottish Gaelic language; and
(d)that either—
(i)his intentions are such that, in the event of a certificate of naturalisation as a British citizen being granted to him, his home or (if he has more than one) his principal home will be in the United Kingdom; or
(ii)he intends, in the event of such a certificate being granted to him, to enter into, or continue in, Crown service under the government of the United Kingdom, or service under an international organisation of which the United Kingdom or Her Majesty’s government therein is a member, or service in the employment of a company or association established in the United Kingdom.
(2)The requirements referred to in sub-paragraph (1)(a) of this paragraph are—
(a)that the applicant was in the United Kingdom at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and
(b)that the number of days on which he was absent from the United Kingdom in the period of twelve months so ending does not exceed 90; and
(c)that he was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom; and
(d)that he was not at any time in the period of five years so ending in the United Kingdom in breach of the immigration laws.
(3)

Thanks

For an application under section 6(1), it is mandatory to have ILR for 12 months before you can apply. You just also meet the absence limits, LIUK test and English B1 test. Additionally, you must have 10 years of legal stay and be of good character.

As you don't hold ILR for at least 12 months and don't appear to have any legal status or visa at present, you don't qualify for a section 6(1) citizenship application.

You should have renewed your visa when your parents did last year.

Hi CR001,

Once again thank you very much for your help.

Actually, I made the Form T application around the same time last year as my parents. Does it make me illegal for opted for the Form T application?

Form T decision date was 11/02/2021 then the Caseworker said "you may apply for reconsideration if you believe it was not soundly based on nationality law, policy or our procedures".

Please does it actually worth it to apply for reconsideration?

I am really sorry to bother you and everyone, it's just that I'm kind of confused about overstaying.

Thanks

Actually, I made the Form T application around the same time last year as my parents. Does it make me illegal for opted for the Form T application?

An application for citizenship doesn't extend your visa if the visa expires. Citizenship applications are made under nationality law, not the immigration rules. When your visa expires, you became an overstayer.

Form T decision date was 11/02/2021 then the Caseworker said "you may apply for reconsideration if you believe it was not soundly based on nationality law, policy or our procedures".

Please does it actually worth it to apply for reconsideration?

Your choice but it is unlikely to be successful. There is also a fee to pay for reconsiderations and they can take a long time.

Hi CR001,

Thank you very much for your excellent advice and outstanding help.

I wish I was aware of the Immigration Board before putting myself into trouble.

I will have to make a Leave to Remain application to avoid being an overstayer.

Do I have any chance of success in the Leave to Remain application with my current status?

God bless you all.