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British citizenshiip application rejected for wrong reasons
Posted: Thu Jul 18, 2024 10:38 am
by latha888
Hi all,
I hope you are all doing fine, I am utterly gutted as my application got rejected for totally wrong reasons.Please look at the below rejection letter which states the reasons for my refusal which are completely wrong.
The letter states that I do not hold an ILR but I got granted ILR on 8 feb 2024 along with my mother who is wife of a British citizen, but I applied for my British citizenship while my mother decided not to. The letter also states that they received my application on 16th may 2023 which is wrong, I applied for my citizenship on 16th may 2024 and not 16th may 2023. Could anyone please guide me on what to do next
The letter:
Reasons for decision
An applicant for naturalisation is expected to meet certain UK residence requirements which are set out at
www.gov.uk/becoming-a-british-citizen.
You have not been successful in your application for British Citizenship because you have not met the requirement to:
· Be free from immigration time restrictions on the date of application
Your application was received on 16th May 2023 As you were subject to a time limit on your stay in the United Kingdom on the date of your application you do not meet one of the residence requirements. To explain further, prior to your naturalisation application you held Leave to Remain which was valid until 11th February 2024 however, all applicants applying for naturalisation must be free from immigration time restrictions on the date of application. This would normally mean holding Indefinite leave to remain (ILR) or another form of settled status for at least 12 months.
The Home Secretary has no discretion to waive this particular requirement and as you don’t meet it your application is refused.
Next steps
The application fee for British Citizenship is not refundable and has been retained to cover the cost of handling and processing your application.
You will be refunded the sum of £130.00 because you are not required to attend a citizenship ceremony.
You can request a review of this decision using the form at
https://www.gov.uk/government/publicati ... ed-form-nr
Re: British citizenshiip application rejected for wrong reasons
Posted: Thu Jul 18, 2024 11:24 am
by Ticktack
Prolly they made a mistake here, but you would have still failed. You're required to have ILR for 1 year prior to your application. You've applied almost immediately.
You do not qualify yet.
Re: British citizenshiip application rejected for wrong reasons
Posted: Thu Jul 18, 2024 11:28 am
by contorted_svy
Reason for rejection is incorrect, but it is your mother that would be eligible as married to a British citizen, not you. You have to wait until 7 Feb 2025 to become eligible.
Re: British citizenshiip application rejected for wrong reasons
Posted: Thu Jul 18, 2024 11:55 am
by Ticktack
contorted_svy wrote: ↑Thu Jul 18, 2024 11:28 am
Reason for rejection is incorrect, but it is your mother that would be eligible as married to a British citizen, not you. You have to wait until 7 Feb 2025 to become eligible.
8th of Feb, 2025
Re: British citizenshiip application rejected for wrong reasons
Posted: Thu Jul 18, 2024 11:58 am
by contorted_svy
If we want to nitpick it would be 9 Feb, as on the 8 Feb the year completes (see also rule of being in the UK exactly 5 years prior, where they ask the applicant be in the UK on the calendar day 5 years + 1 day). Immaterial to this case anyway.
Re: British citizenshiip application rejected for wrong reasons
Posted: Thu Jul 18, 2024 12:00 pm
by vinny
How old are you?
If you are 18 or over and unmarried, then
Section 6(1) requires that you held ILR for
at least a year.
Re: British citizenshiip application rejected for wrong reasons
Posted: Thu Jul 18, 2024 12:33 pm
by latha888
yes, I am above 18 I thought i might the eligble cause the ILR has been granted for me and my mother at the same time. Is there any way that i could try for a refund
Re: British citizenshiip application rejected for wrong reasons
Posted: Thu Jul 18, 2024 12:42 pm
by contorted_svy
No refund unfortunately. You applied and were not eligible, it is an applicant's responsibility to make sure they respect the statutory requirements.
Re: British citizenshiip application rejected for wrong reasons
Posted: Thu Jul 18, 2024 12:51 pm
by Ticktack
contorted_svy wrote: ↑Thu Jul 18, 2024 11:58 am
If we want to nitpick it would be 9 Feb, as on the 8 Feb the year completes (see also rule of being in the UK exactly 5 years prior, where they ask the applicant be in the UK on the calendar day 5 years + 1 day). Immaterial to this case anyway.
I'm sure you wouldn't want the OP to gamble their money again. It's 12 calendar months and that takes the OP to 8 of Feb at the earliest. OP can do 9th, 10th or 11th, entirely up to him.
A year is from January 1 to December 31st. A new year is another January 1 not January 2nd.
Re: British citizenshiip application rejected for wrong reasons
Posted: Thu Jul 18, 2024 1:03 pm
by contorted_svy
One day is unlikely to make a difference (as case workers have guidance to waive one day in favour of the applicant), though it would be curious that they consider a full year free from immigration restrictions with a different definition than the 5 years qualifying period.
Re: British citizenshiip application rejected for wrong reasons
Posted: Fri Jul 19, 2024 6:09 am
by Amber
Please confirm what type of leave you had, was this under the EU settlement scheme or not? When did you apply for ILR, the exact date? Are there any compelling or exceptional circumstances, eg were you planning on joining the armed forces or needed British citizenship for a job or travel?
Re: British citizenshiip application rejected for wrong reasons
Posted: Sun Jul 21, 2024 7:40 pm
by latha888
Amber wrote: ↑Fri Jul 19, 2024 6:09 am
Please confirm what type of leave you had, was this under the EU settlement scheme or not? When did you apply for ILR, the exact date? Are there any compelling or exceptional circumstances, eg were you planning on joining the armed forces or needed British citizenship for a job or travel?
No, this was not under EU settlement scheme. My mother applied for ILR as she completed her 5 years on spouse visa route and she added me as her dependent when she applied for ILR and we both got granted ILR on 8th feb 2024 at the same time, but I alone applied for British citizenship as the rule stated spouse of British citizen could apply for citizenship immediately, I thought that rule would apply for me too but I was mistaken. I needed British citizenship cause I could travel over Europe and apply for job roles over in the Europe
Re: British citizenshiip application rejected for wrong reasons
Posted: Sun Jul 21, 2024 8:01 pm
by TerryGH
latha888 wrote: ↑Sun Jul 21, 2024 7:40 pm
I needed British citizenship cause I could travel over Europe and apply for job roles over in the Europe
You know that you can't work in Europe with a British passport? You'd need to get a visa same way you need it with your current nationality.
Re: British citizenshiip application rejected for wrong reasons
Posted: Sun Jul 21, 2024 9:14 pm
by contorted_svy
latha888 wrote: ↑Sun Jul 21, 2024 7:40 pm
Amber wrote: ↑Fri Jul 19, 2024 6:09 am
Please confirm what type of leave you had, was this under the EU settlement scheme or not? When did you apply for ILR, the exact date? Are there any compelling or exceptional circumstances, eg were you planning on joining the armed forces or needed British citizenship for a job or travel?
No, this was not under EU settlement scheme. My mother applied for ILR as she completed her 5 years on spouse visa route and she added me as her dependent when she applied for ILR and we both got granted ILR on 8th feb 2024 at the same time, but I alone applied for British citizenship as the rule stated spouse of British citizen could apply for citizenship immediately, I thought that rule would apply for me too but I was mistaken. I needed British citizenship cause I could travel over Europe and apply for job roles over in the Europe
The concept of dependents doesn't apply to nationality law. As @TerryGH correctly stated you would need a visa to work in EU after Brexit anyways.
Re: British citizenshiip application rejected for wrong reasons
Posted: Mon Jul 22, 2024 1:36 am
by vinny
latha888 wrote: ↑Sun Jul 21, 2024 7:40 pm
I needed British citizenship cause I could travel over Europe and apply for job roles over in the Europe
Unfortunately, a
benefit of
Brexit is that
UK Citizens will
no longer have the automatic right to live and work in the EU, and vice versa.
An exception is
Ireland.