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British Citizenship through Exceptional Circumstances FORM ARD 4L
Posted: Sat Jul 20, 2024 10:49 pm
by Glorygirl
Hello.
I'm a new subscriber and don't know how to create a new post, so I decided to reply since I have a similar situation.
I applied for citizenship through exceptional circumstances but I was refused. I however believe I have a case and I want to attempt again.
My father immigrated to the UK in 1961 and was granted 'settlement on arrival'. Even though he was eligible to claim citizenship soon afterward, he did not begin the process until December 1987.
I was born in November 1988 in Africa and he got his citizenship approved in September 1989- about 21 months after he first applied.
My mother was in the UK briefly when she was pregnant with me (had she stayed and delivered me, I would have been eligible for citizenship since my dad had 'Settled status') but she left and couldn't make it back to the UK to have me.
I imagined that since my dad started the citizenship process before I was conceived but received it almost 2 years later, that may count as an 'exceptional circumstance' but the Home Office says it does not.
I want to have another go and would appreciate any feedback.
Re: British Citizenship through Exceptional Circumstances FORM ARD 4L
Posted: Sat Jul 20, 2024 11:00 pm
by alterhase58
Glorygirl wrote: ↑Sat Jul 20, 2024 10:49 pm
I want to have another go and would appreciate any feedback.
Can't comment directly on your case - or whether it's the same underlying principle as the OP's.
It's a kind of "niche case" ideally your post should be separate from the OP's.
However, to get meaningful feedback it would be preferable you post the wording of the refusal letter (leaving out any personal data) here. It should be noted that a reconsideration may not succeed if UKVI have applied the relevant law correctly, unless they have made a mistake.
Re: British Citizenship through Exceptional Circumstances FORM ARD 4L
Posted: Sun Jul 21, 2024 8:56 pm
by debssss
Glorygirl wrote: ↑Sat Jul 20, 2024 10:49 pm
Hello.
I'm a new subscriber and don't know how to create a new post, so I decided to reply since I have a similar situation.
I applied for citizenship through exceptional circumstances but I was refused. I however believe I have a case and I want to attempt again.
My father immigrated to the UK in 1961 and was granted 'settlement on arrival'. Even though he was eligible to claim citizenship soon afterward, he did not begin the process until December 1987.
I was born in November 1988 in Africa and he got his citizenship approved in September 1989- about 21 months after he first applied.
My mother was in the UK briefly when she was pregnant with me (had she stayed and delivered me, I would have been eligible for citizenship since my dad had 'Settled status') but she left and couldn't make it back to the UK to have me.
I imagined that since my dad started the citizenship process before I was conceived but received it almost 2 years later, that may count as an 'exceptional circumstance' but the Home Office says it does not.
I want to have another go and would appreciate any feedback.
Hi there,
I think our cases are quite different as I was a born in the UK and lived there subsequently, I also fall under Section 1(3), which according to guidelines is one of the considerations. I would suggest you check out the caseworker guidelines for Form ARD as its more detailed:
https://assets.publishing.service.gov.u ... ces_V2.pdf
Re: British Citizenship through Exceptional Circumstances FORM ARD 4L
Posted: Sun Jul 21, 2024 9:09 pm
by debssss
Glorygirl wrote: ↑Sat Jul 20, 2024 10:49 pm
I want to have another go and would appreciate any feedback.
Did you ever live in the UK with your parents as a minor? If so, provision 3(5) listed on page 14 of the guidance might apply. "3(5) - a child born outside the UK to a British citizen by descent parent, and
the child and both parents have lived in the UK for 3 years"
Re: British Citizenship through Exceptional Circumstances FORM ARD 4L
Posted: Sun Jul 21, 2024 9:20 pm
by CR001
debssss wrote: ↑Sun Jul 21, 2024 9:09 pm
Glorygirl wrote: ↑Sat Jul 20, 2024 10:49 pm
I want to have another go and would appreciate any feedback.
Did you ever live in the UK with your parents as a minor? If so, provision 3(5) listed on page 14 of the guidance might apply. "3(5) - a child born outside the UK to a British citizen by descent parent, and
the child and both parents have lived in the UK for 3 years"
This only applies to children under 18 years of age. The poster is older than 18.
Re: British Citizenship through Exceptional Circumstances FORM ARD 4L
Posted: Sun Jul 21, 2024 10:48 pm
by debssss
CR001 wrote: ↑Sun Jul 21, 2024 9:20 pm
This only applies to children under 18 years of age. The poster is older than 18.
Yes, this legislation does in fact apply to minors, however, form ARD makes a provision for people who are over the age of 18 who would have been able to become British if not for:
• historical legislative unfairness,
• an act or omission of a public authority,
• exceptional circumstances relating to them,
to apply as adults, if the person can prove they would have qualified as a child.
Re: British Citizenship through Exceptional Circumstances FORM ARD 4L
Posted: Mon Jul 22, 2024 1:41 am
by Glorygirl
Thank you all for your responses so far.
@ alterhase58 The Home Office's response is lengthy, and I cannot possibly type it out here but here's a snippet of the reason for refusal:
"...Although it can be agreed that your father's application did take some time to consider, and was not concluded until after your birth, this on its own did not prevent you from becoming a British citizen at birth....In any event, the delay in processing his application is not considered exceptional circumstances....To qualify, you will need to show that there were exceptional circumstances that directly prevented you from acquiring citizenship."
My mother wanted to stay longer to have me but she was only given a 'one-month' visa of those days.
@debssss No, I never lived in the UK as a minor so I guess the suggested route does not apply to me.
I agree that my case is kinda 'niche' but I just think it's unfair that my dad's citizenship took about 2 years to process- I was not even conceived yet when he began the process and they wouldn't consider the long processing time 'exceptional circumstance'.
Re: British Citizenship through Exceptional Circumstances FORM ARD 4L
Posted: Mon Jul 22, 2024 11:24 am
by debssss
Out of curiosity, how long did the form ARD application process take?
Re: British Citizenship through Exceptional Circumstances FORM ARD 4L
Posted: Mon Jul 22, 2024 11:41 am
by contorted_svy
Glorygirl wrote: ↑Mon Jul 22, 2024 1:41 am
Thank you all for your responses so far.
@ alterhase58 The Home Office's response is lengthy, and I cannot possibly type it out here but here's a snippet of the reason for refusal:
"...Although it can be agreed that your father's application did take some time to consider, and was not concluded until after your birth, this on its own did not prevent you from becoming a British citizen at birth....In any event, the delay in processing his application is not considered exceptional circumstances....To qualify, you will need to show that there were exceptional circumstances that directly prevented you from acquiring citizenship."
My mother wanted to stay longer to have me but she was only given a 'one-month' visa of those days.
@debssss No, I never lived in the UK as a minor so I guess the suggested route does not apply to me.
I agree that my case is kinda 'niche' but I just think it's unfair that my dad's citizenship took about 2 years to process- I was not even conceived yet when he began the process and they wouldn't consider the long processing time 'exceptional circumstance'.
Could your case fall under "act or omission by public authority" then rather than under exceptional circumstances? I wouldn't know what their standard processing times were at the time (if any) and how long after your father's application you were born, but you could have a way of saying that it was because of their negligence that your dad's application was so slow that you weren't born a British citizen as 2 years is exceptionally long?
Re: British Citizenship through Exceptional Circumstances FORM ARD 4L
Posted: Mon Jul 22, 2024 11:40 pm
by Glorygirl
debssss wrote: ↑Mon Jul 22, 2024 11:24 am
Out of curiosity, how long did the form ARD application process take?
I sent my application in around April 20th 2023 from Africa.
I was sent for biometrics end of September 2023 but there was a mistake in my biometrics letter so I had it corrected and went for biometrics around 6th October 2023.
Long silence (I sent follow up emails about twice while waiting and I was told my case was 'on queue') until March 28th 2024 when I got the refusal letter by post along with my documents- it was dated February 26 2024 so it was dispatched about a month before.
Total period was 3 weeks shy of a year.
Re: British Citizenship through Exceptional Circumstances FORM ARD 4L
Posted: Tue Jul 23, 2024 12:34 am
by Glorygirl
contorted_svy wrote: ↑Mon Jul 22, 2024 11:41 am
Glorygirl wrote: ↑Mon Jul 22, 2024 1:41 am
Thank you all for your responses so far.
@ alterhase58 The Home Office's response is lengthy, and I cannot possibly type it out here but here's a snippet of the reason for refusal:
"...Although it can be agreed that your father's application did take some time to consider, and was not concluded until after your birth, this on its own did not prevent you from becoming a British citizen at birth....In any event, the delay in processing his application is not considered exceptional circumstances....To qualify, you will need to show that there were exceptional circumstances that directly prevented you from acquiring citizenship."
My mother wanted to stay longer to have me but she was only given a 'one-month' visa of those days.
@debssss No, I never lived in the UK as a minor so I guess the suggested route does not apply to me.
I agree that my case is kinda 'niche' but I just think it's unfair that my dad's citizenship took about 2 years to process- I was not even conceived yet when he began the process and they wouldn't consider the long processing time 'exceptional circumstance'.
Could your case fall under "act or omission by public authority" then rather than under exceptional circumstances? I wouldn't know what their standard processing times were at the time (if any) and how long after your father's application you were born, but you could have a way of saying that it was because of their negligence that your dad's application was so slow that you weren't born a British citizen as 2 years is exceptionally long?
You know, you are very correct because the Home Office made a mistake in their explanation.
When filling the form, I ticked two of the three boxes- "exceptional circumstance" and "act or omission by public authority" because I was sure that it was one of the two but in their reply, they
claimed that I ticked "historical legislative unfairness" and "exceptional circumstance" and went ahead to explain how historical legislative unfairness did not apply to me.
I really wonder if this was a deliberate oversight because they were rather quiet about "act or omission by public authority" which is most applicable to my case and which is what I actually filled.
I still have a copy of the original form I filled and I am sure of what I ticked so something is not right.
Even in 2024, it takes about 6 months to process British citizenship from within the UK, and it took far less time in the 1980s (I know someone who obtained his citizenship within weeks in the 1980s) so I cannot understand why my dad's took almost two years.
Re: British Citizenship through Exceptional Circumstances FORM ARD 4L
Posted: Tue Jul 23, 2024 7:19 am
by contorted_svy
If I remember correctly costs for an ARD form are quite low if not 0 - why don't you apply again and only tick "act or omission by public authority"? Could be worth a chat to a solicitor on how to build such a case.
Re: British Citizenship through Exceptional Circumstances FORM ARD 4L
Posted: Tue Jul 23, 2024 11:20 pm
by Glorygirl
contorted_svy wrote: ↑Tue Jul 23, 2024 7:19 am
If I remember correctly costs for an ARD form are quite low if not 0 - why don't you apply again and only tick "act or omission by public authority"? Could be worth a chat to a solicitor on how to build such a case.
Absolutely.
I plan on seeking expert guidance this time around before I fill the form.
I paid 80 Pounds (it now costs 130 Pounds) but it costs 450 Pounds for reconsideration so it's clear that I will have to reapply.
Thanks!