Unsuccessful applications

AlexClark75 · Post by **AlexClark75** » Mon Jul 08, 2013 7:40 pm

Hello: unfortunately my application has been refused .. but there some point they made mistakes. ( Sorry this is long post )

I'm EEA national, arrive to UK on 1/08/2006 - 6 years and 9 months when applied.

come live with a friend, made some work of weeks, but later apply to JSA on February 2007. been on JSA till July 2007 when starting work.. been worked till 30/08/2007 and the company took a gap.. that mean, no work in September 2007 - however back again to work with them on October 2007 till February 2008 - after that 15/02/2008 apply again to JSA till end of june 2008 where starting work with another company.. unfortunately that company keep me for 1 month, and back again to JSA till october 2008 .

After that till October 2010. become self sufficient , send to them the proof of my bank account and credit cards. been here all that time...

On October 2010 become self employed, where show my tax etc etc..is not problem from that. --

complete the form AN and send to them all paperwork I have, payslips, P45, bank accounts, inclusive the payroll of the company who worked till February 2008. everything... and my JSA paperwork, etc ...

The letter arrive today with all my paperwork, passport and this letter
--------------------------
On your application form you stated that you worked for Argos from 07/2007 to 02/2008 the documentary evidence you produced showed the earliest payslip was dated 08/07/2007 , however a p45 from that company is dated 30/08/2007 and not your claimed date February 2008 - ( CANT BELIEVE, THEY HAVE THE PAYROLL AND PAYSLIP WORK WITH THEM FROM JULY TO END AUGUST , AND BACK IN OCTOBER TILL FEBRUARY - )

Whilst I am satisfied that you were self sufficient from September 2008 to October 2010 you have not demonstrate that you held appropriate medical insurance during this period - ( I WROTE A LETTER, EXPLAIN HAD EHIC CARD AND HAS BEEN LOST, CLAIM ON SPANISH GOVERNMENT FOR A PROOF AND NEVER COME BACK ) -

As you have not demonstrated that you have been exercising your treaty rights for continuous period of 5 years, your application has been refused -

NOW .. how cannot demonstrate ? show to them been here for 6 years and 9 months, never leave the country, only for holidays and max. 30 days... show my bank accounts, credits cards .. inclusive my payroll .. on that period why they say .. im liar.. if is true working till February 2008 ( proof all payroll and inclusive paid my NI contributions... all that time

Don't know if appeal, or ask to solicitor... is a lot disappointed they refused because cannot proof my medical insurance .. ? if worked from 2007 had/have NHS card and GP if stop work, and no claim JSA need sickness insurance ?

Any advice welcome, and sorry for the long post...

Alex

Post by **Amber** » Mon Jul 08, 2013 8:57 pm

You cannot appeal a decision but rather request a reconsideration at a cost of £80. Can you not contact the Spanish Embassy and make a formal complaint? I'm sure someone there can get you a letter to say that you had CSI during the relevant period.

AlexClark75 · Post by **AlexClark75** » Mon Jul 08, 2013 9:35 pm

D4109125 wrote:You cannot appeal a decision but rather request a reconsideration at a cost of £80. Can you not contact the Spanish Embassy and make a formal complaint? I'm sure someone there can get you a letter to say that you had CSI during the relevant period.

Thank you for your answer, I sent few e-mails and had not answer, however notes, the EHIC from Spain is valid for 2 years and not 5 like UK card. that mean on 2009 my card has expired. don't know if worth continue ask to Spanish embassy for a number of expired card...

However they said my application has been refused because no met note 6 info leaflet BN7 continue residence, for 5 years but I prove to them, been here for 6 and 1/2 years...( no gaps )

As said before these people no read or see all documents I sent.. because are very clear payroll of my work on that period. 10/2007 to 02/2008

Post by **Jambo** » Mon Jul 08, 2013 9:56 pm

AlexClark75 wrote:Hello: unfortunately my application has been refused .. but there some point they made mistakes. ( Sorry this is long post )

I'm EEA national, arrive to UK on 1/08/2006 - 6 years and 9 months when applied.

come live with a friend, made some work of weeks, but later apply to JSA on February 2007. been on JSA till July 2007 when starting work.. been worked till 30/08/2007 and the company took a gap.. that mean, no work in September 2007 - however back again to work with them on October 2007 till February 2008 - after that 15/02/2008 apply again to JSA till end of june 2008 where starting work with another company.. unfortunately that company keep me for 1 month, and back again to JSA till october 2008 .

After that till October 2010. become self sufficient , send to them the proof of my bank account and credit cards. been here all that time...

On October 2010 become self employed, where show my tax etc etc..is not problem from that. --

complete the form AN and send to them all paperwork I have, payslips, P45, bank accounts, inclusive the payroll of the company who worked till February 2008. everything... and my JSA paperwork, etc ...

The letter arrive today with all my paperwork, passport and this letter
--------------------------
On your application form you stated that you worked for Argos from 07/2007 to 02/2008 the documentary evidence you produced showed the earliest payslip was dated 08/07/2007 , however a p45 from that company is dated 30/08/2007 and not your claimed date February 2008 - ( CANT BELIEVE, THEY HAVE THE PAYROLL AND PAYSLIP WORK WITH THEM FROM JULY TO END AUGUST , AND BACK IN OCTOBER TILL FEBRUARY - )

Whilst I am satisfied that you were self sufficient from September 2008 to October 2010 you have not demonstrate that you held appropriate medical insurance during this period - ( I WROTE A LETTER, EXPLAIN HAD EHIC CARD AND HAS BEEN LOST, CLAIM ON SPANISH GOVERNMENT FOR A PROOF AND NEVER COME BACK ) -

As you have not demonstrated that you have been exercising your treaty rights for continuous period of 5 years, your application has been refused -

NOW .. how cannot demonstrate ? show to them been here for 6 years and 9 months, never leave the country, only for holidays and max. 30 days... show my bank accounts, credits cards .. inclusive my payroll .. on that period why they say .. im liar.. if is true working till February 2008 ( proof all payroll and inclusive paid my NI contributions... all that time

Don't know if appeal, or ask to solicitor... is a lot disappointed they refused because cannot proof my medical insurance .. ? if worked from 2007 had/have NHS card and GP if stop work, and no claim JSA need sickness insurance ?

Any advice welcome, and sorry for the long post...

Alex

Well it seems that the main reason for refusal is lack of medical insurance. It's not the HO fault you can't produce the required evidence because you lost the card and/or don't hear back from the Spanish authorities.

Are you aware that Spain doesn't allow dual nationality and by becoming British you lose your Spanish citizenship?

Post by **Amber** » Mon Jul 08, 2013 10:46 pm

I think those born Spanish can have dual nationality.

Post by **Jambo** » Mon Jul 08, 2013 10:56 pm

D4109125 wrote:I think those born Spanish can have dual nationality.

You right. It's the other way around (becoming Spanish) that doesn't allow dual citizenship.

AlexClark75 · Post by **AlexClark75** » Mon Jul 08, 2013 11:12 pm

Jambo wrote:
D4109125 wrote:I think those born Spanish can have dual nationality.
You right. It's the other way around (becoming Spanish) that doesn't allow dual citizenship.

Thanks for the answer...
I'm not Spanish , I'm Italian and Italy allowed dual citizenship , I'm ask to the Spanish government because before move to UK lived 4 years on Madrid and them issue the card...
Jambo: the HO say I'm not worked on oct 2007 till feb 2008 . And that is not true, I worked that period and sent to them the payroll show that , also sent payroll of work in half 2008 and them no make any mention . That mean they no looking out all paperwork very careful

sgc · Post by **sgc** » Mon Jul 29, 2013 2:48 pm

osteophytes wrote:
burtsbee wrote:Does anybody know or heard of someone that had actually been unsuccessful in their citizenship application?
See figure 7 here

http://migrationobservatory.ox.ac.uk/br ... and-trends

Thanks for the link. These statements should be pretty concerning for most applicants with police records:

The "good character" requirement accounts for an increasing number of rejected applications for naturalisation, rising to 29% of all refusals in 2010 (from 10% to 13% in the years immediately preceding legal changes to this requirement in 2008).
...
A minority of applications for citizenship are refused; these refusals are also tracked in administrative data, including the reason for rejection. Some of these simply fail to meet straightforward requirements such as length of residence; others reflect more discretionary judgements, such as the ‘good character’ requirement. In 2008, the Home Office changed its interpretation of the good character clause, making it difficult or impossible for people with past criminal convictions to attain citizenship.

I'm wondering if anyone here has been refused citizenship on the basis of a caution even though the application was made AFTER 3 years of the caution?

I realise that applying WITHIN 3 years of the caution is a probable rejection, but I haven't seen anyone mention that they got accepted AFTER the 3 years, so it would be nice to know.

Also it may be helpful to note what type of offence the caution was for (e.g. dishonesty, violence, unlawful sexual activity, drugs, recklessness).

batall · Post by **batall** » Tue Oct 08, 2013 7:32 am

Please anyone knows how to inform change of address after applying for UK citizenship. I'm just confused if it's the same way in UKBA website.
Much appreciated.

winsome · Post by **winsome** » Tue Oct 08, 2013 4:01 pm

batall. There is an online form where you can change the address.

https://contact-ukba.homeoffice.gov.uk/ ... y-details/

You can also writen to them at the address below, providing your Home Office reference number, name, date of birth, nationality and your new address.

UK Border Agency
Department 2
PO Box 306
LIVERPOOL
L2 0QN

batall · Post by **batall** » Sun Oct 13, 2013 1:16 pm

Anyone knows when last updated AN form (SEP 2013). I filled the old form (AN DEC 2012). I was planning to post it tomorrow when I realised there is a new form published. My issue is it is very hard to get one of my referee to sign again. Normally their allow 2 to 3 weeks b4 end on previous form. I jst dont know when the new form was published. Pls waiting for any comments.

Post by **Amber** » Sun Oct 13, 2013 1:21 pm

You could just swap the referee page into the new form as they are both the same.

batall · Post by **batall** » Sun Oct 13, 2013 1:31 pm

I thought abt it but they r bit different.

Tuvoc · Post by **Tuvoc** » Sun Oct 13, 2013 8:08 pm

batall wrote:Anyone knows when last updated AN form (SEP 2013). I filled the old form (AN DEC 2012). I was planning to post it tomorrow when I realised there is a new form published. My issue is it is very hard to get one of my referee to sign again. Normally their allow 2 to 3 weeks b4 end on previous form. I jst dont know when the new form was published. Pls waiting for any comments.

I think it was published 1st October.

MattSule · Post by **MattSule** » Sat Dec 14, 2013 1:03 pm

Pookna,

A company is a separate legal entity. If the company was not liquidated during the time you are in charge then you have nothing to worry about. Also the fact that you've "sold" the company means the liability of the entity has been passed on to the new management.

But ensure that you pay any outstanding taxes you may be personally liable for.

Based on what you've stated, go ahead and apply with confidence.

MattSule · Post by **MattSule** » Sat Dec 14, 2013 1:52 pm

Firstly, not paying council tax or business rate is not a criminal conviction.
Having points on your licence (FPN) is ok for as long as it's not been issued in court.

You are advised to declare any FPN issued in the last 12months.

MattSule · Post by **MattSule** » Sat Dec 14, 2013 2:44 pm

Pookna,

As long as it's not in your name or it's not a liquidation letter!

MattSule · Post by **MattSule** » Sat Dec 14, 2013 3:15 pm

The fact that the company still exist means it's not been liquidated. Anyone who was the director of a liquidated company must declare it.

pookna · Post by **pookna** » Sat Dec 14, 2013 3:24 pm

MattSule wrote:The fact that the company still exist means it's not been liquidated. Anyone who was the director of a liquidated company must declare it.

Many Thanks

MattSule · Post by **MattSule** » Sat Dec 14, 2013 4:06 pm

you need to give me the full details of your involvement in the company...
was the company liquidated while you were the director?

MattSule · Post by **MattSule** » Sat Dec 14, 2013 4:40 pm

You will be fine... Treat the company as if it doesn't exist!

pookna · Post by **pookna** » Sat Dec 14, 2013 4:45 pm

MattSule wrote:You will be fine... Treat the company as if it doesn't exist!

Many Many Thankssss Mattsule all clear

mycanal1 · Post by **mycanal1** » Sat Dec 21, 2013 8:33 pm

Only spouse of British citizen or ILR holder is also the same as BC for naturalization application purpose? thank you
as

vinny wrote:
BrookGreen2012 wrote:According to my friend, a solicitor friend of hers advised her to apply for British citizenship as soon as she was granted ILR, because the minimum residential requirement of 12 months would not apply to applicants who have ILR based on 10-year long stay.
There is no such provision.

Discretion to disregard immigration time restrictions in the final 12 months is subject to 7.5

However, if you're the spouse or civil partner of a British citizen, then there is no requirement to wait 12 months after ILR under section 6(2).

navalaviator · Post by **navalaviator** » Thu Dec 26, 2013 6:17 am

mycanal1 wrote:Only spouse of British citizen or ILR holder is also the same as BC for naturalization application purpose? thank you

Eh?

Ayyubi72 · Post by **Ayyubi72** » Sun Jan 05, 2014 6:29 am

mycanal1 wrote:Only spouse of British citizen or ILR holder is also the same as BC for naturalization application purpose? thank you

Spouse of British Citizen = Someone who is married to a British Citizen.

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