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8 month delayed naturalisation application

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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boldy3
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8 month delayed naturalisation application

Post by boldy3 » Wed Jan 16, 2013 10:48 am

My partner applied for naturalisation as a British citizen back in April 2012 using a national checking service. She had completed a year with ILR, so we assumed naturalisation would be relatively straightforward!

We had acknowledgment that the application was received sometime back in May/June I think and the UKBA requested clarification of her dates of absence back in September sometime, which was provided.

Having contacted the UKBA by email, an agent "CSA 22" replied to say that they were reaching out to the case officer to find out what was going on. That was in November.

I have chased 3 times since but not had a response. How can I take this further? It is now 8 months since the application was submitted and I'm reading some of the timelines here which makes me concerned that this is definitely not normal.

Any advice or views of your experience appreciated.

jagait
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Post by jagait » Wed Jan 16, 2013 11:24 am

Hi boldy,

Can you please provide more details on what sort of clarifications were asked around absences? and did they confirm that they have recd. your response? did they contact you via email/phone/post?

boldy3
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Post by boldy3 » Wed Jan 16, 2013 11:57 am

jagait wrote:Hi boldy,

Can you please provide more details on what sort of clarifications were asked around absences? and did they confirm that they have recd. your response? did they contact you via email/phone/post?
Hi Jagait

They sent a letter via post to say that the total number of days absent did not correspond with the dates of departure and arrival they saw on their records (the form / her passport).

It seemed to be a relatively straightforward correction of the we added up the total number of days absent vs the dates of departure and return on the form.

We replied with clarification (just a bit of dodgy maths) but they have not acknowledged receipt of this reply.

The total was still some way within the allowable limit and she had only been absent from the UK for a couple of weeks throught the year she held ILR.

jagait
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Post by jagait » Wed Jan 16, 2013 2:32 pm

I guess you should write a letter to your local MP with these details.

Gyfrinachgar
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Post by Gyfrinachgar » Wed Jan 16, 2013 2:51 pm

jagait wrote:I guess you should write a letter to your local MP with these details.
What would that accomplish? An MP will hardly chase HO up because they asked for a clarification concerning apparently wrong/misleading/missing information provided by the applicant.
boldy3 wrote:They sent a letter via post to say that the total number of days absent did not correspond with the dates of departure and arrival they saw on their records (the form / her passport).
You should verify these information then - obviously someone made a mistake (either you or HO).
If you omitted to declare an absence from the UK, this will delay the process. Especially so if your total absence days are close to the thresholds.
If, on the other hand, it is just a simple calculation error (from what you described, I do not believe so) it will not be a problem at all.
HO will not acknowledge your correction in any case.

boldy3
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Post by boldy3 » Wed Jan 16, 2013 2:57 pm

Gyfrinachgar wrote:You should verify these information then - obviously someone made a mistake (either you or HO). If you omitted to declare an absence from the UK, this will delay the process.
I made the mistake. It was just a matter of including the day of departure in the "count" for total number of days absent for each trip. I saw the error as soon as we got the letter requesting clarification, rectified it and sent it back. But that was a good few months ago - I would have expected them to say "Ah yes, fixed". Done.

Seems that my expectations are maybe too high though :lol:

I was just wondering whether anyone has been successful in retrieving the status of their application through any specific means I may have not already considered?

Gyfrinachgar
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Post by Gyfrinachgar » Wed Jan 16, 2013 3:00 pm

boldy3 wrote:I was just wondering whether anyone has been successful in retrieving the status of their application through any specific means I may have not already considered?
HO usually refuses to give any specific information until 6 months have passed. Even afterwards it is tricky to worm details out of HO. Sometimes, an applicant is lucky and gets an "a decision has been made" on the phone (without knowing what decision exactly).

hsmp28122006
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Post by hsmp28122006 » Wed Jan 16, 2013 3:05 pm

Gyfrinachgar wrote:
jagait wrote:I guess you should write a letter to your local MP with these details.
What would that accomplish? An MP will hardly chase HO up because they asked for a clarification concerning apparently wrong/misleading/missing information provided by the applicant.
boldy3 wrote:They sent a letter via post to say that the total number of days absent did not correspond with the dates of departure and arrival they saw on their records (the form / her passport).
You should verify these information then - obviously someone made a mistake (either you or HO).
If you omitted to declare an absence from the UK, this will delay the process. Especially so if your total absence days are close to the thresholds.
If, on the other hand, it is just a simple calculation error (from what you described, I do not believe so) it will not be a problem at all.
HO will not acknowledge your correction in any case.
Why really would it delay the process even after this person has clarified the mistake?

Gyfrinachgar
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Post by Gyfrinachgar » Wed Jan 16, 2013 3:13 pm

hsmp28122006 wrote:Why really would it delay the process even after this person has clarified the mistake?
Simple: caseworker requesting a clarification - caseworker putting application on ice and starting with another application - applicant writing a clarification - posting letter to Liverpool - HO determining the specific caseworker - caseworker reopening the case (not necessarily any time soon) - caseworker verifying the new information - process progressing. Can take days, can take months.

boldy3
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Post by boldy3 » Wed Jan 16, 2013 3:46 pm

My concern isn't so much that it can take months - I think your example demonstrates the feasibility of that (thank you btw). However, it's the fact that I don't know if their cat has swallowed the form or if anyone is actually looking at it. If someone is looking at it, why is it so hard to get an ETA? Even if it was longer still, we could stop stressing a bit.

Surely there must be a way to get someone to prioritise an application that has been outstanding for so long vs an application that just arrived yesterday?

As I say, maybe my expectations are out of touch with how HO operates but that's why its good to hear you guys' views.

Gyfrinachgar
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Post by Gyfrinachgar » Wed Jan 16, 2013 3:52 pm

boldy3 wrote:If someone is looking at it, why is it so hard to get an ETA? Even if it was longer still, we could stop stressing a bit.
Problem is that the moment the HO gives you concrete information, they are under an obligation. If they give you a personal ETA for your case (even an estimate), and it takes for whatever reason significantly longer than anticipated, one could give them all kind of trouble, including suing them. Law is a funny thing sometimes. HO has enough trouble on their hands, they will not make themselves vulnerable to complaints or even lawsuits. The less information they provide, the less vulnerable they are. Can't say I blame 'em.

jagait
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Post by jagait » Wed Jan 16, 2013 3:57 pm

Writing to yoru MP is your only opton, as far as I am aware, not saying it will make a miracle happen, but definitely worth the punt. I mean what else..

On another note, I am of the opinion that departure date and arrival arae both to be excluded during calculation of absences???

Check at the bottom of page 2
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

If this is the reason your application is delayed, you definitely have a case here mate!!

boldy3
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Post by boldy3 » Wed Feb 13, 2013 2:41 pm

So, it's now 9 months and still not a single damn word. I just want to go back to basics here...

UKBA allow you to make enquiries about the status of your application if it has been longer than 6 months. How ordinarily would you go about this?

My concern now is that the application has been lost or gone missing. I have no way of knowing that it hasn't, other than the fact it has gone way beyond the typical processing time (even allowing for the correction).

What rights do I have for escalation/complaint? I read somewhere that the Freedom of Information act means you are legally entitled to access records held of you from any public authority, and this includes visa status.

Anyone know about this?

Jagait, I feel I have no option but to follow your advice and write to our MP, and although it sounds like this might be a bit of a long shot I'm willing to try anything right now.

BigSam
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Post by BigSam » Wed Feb 13, 2013 6:44 pm

I wouldn't say it is a long shot... It is definitely worth the punt. Here is a link to the parliament website about What your MP can do for you.

Below is also an extract from When to contact your MP

"When you should contact your local MP

MPs are more able to help you with issues that Parliament or government are responsible for, such as:

- Tax (but not council tax as this is set and paid to your local authority).

- Hospitals and the National Health Service (not local social services).

- Benefits, pensions, national insurance.

- Immigration.

- School closures and grants (not day-to-day school problems like governors or the local education authority).
"

One of my colleagues applied for ILR back in July 2012, as soon as the 6 months wait lapsed, he emailed his MP who was very helpful and responsive. The MP was very helpful, understanding and responsive. My colleague received his passport stamped with ILR within 2 weeks of contacting his MP
I disapprove of what you say, but I will defend to the death your right to say it...

Alish60
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Post by Alish60 » Wed Feb 13, 2013 6:56 pm

boldy3 wrote:So, it's now 9 months and still not a single damn word. I just want to go back to basics here...

UKBA allow you to make enquiries about the status of your application if it has been longer than 6 months. How ordinarily would you go about this?

My concern now is that the application has been lost or gone missing. I have no way of knowing that it hasn't, other than the fact it has gone way beyond the typical processing time (even allowing for the correction).

What rights do I have for escalation/complaint? I read somewhere that the Freedom of Information act means you are legally entitled to access records held of you from any public authority, and this includes visa status.

Anyone know about this?

Jagait, I feel I have no option but to follow your advice and write to our MP, and although it sounds like this might be a bit of a long shot I'm willing to try anything right now.
OMG this is really ridiculous, this a gap in the law really, no one is really responsible. It should be more proper I think. it seems no one gives a damn about this issues. Hope your partner gets his or her approval soon. I just applied 2 days ago and feeling stressed now, I am not sure when I will be getting an answer.. :(

emmigrator123
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Post by emmigrator123 » Wed Feb 13, 2013 10:53 pm

If your partner hasn't already done, it's worthwhile contacting your NCS. They should have their own communication channel with UKBA.

Blackhole
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Post by Blackhole » Thu Feb 14, 2013 12:51 pm

boldy3 wrote:So, it's now 9 months and still not a single damn word. I just want to go back to basics here...

UKBA allow you to make enquiries about the status of your application if it has been longer than 6 months. How ordinarily would you go about this?

My concern now is that the application has been lost or gone missing. I have no way of knowing that it hasn't, other than the fact it has gone way beyond the typical processing time (even allowing for the correction).

What rights do I have for escalation/complaint? I read somewhere that the Freedom of Information act means you are legally entitled to access records held of you from any public authority, and this includes visa status.

Anyone know about this?

Jagait, I feel I have no option but to follow your advice and write to our MP, and although it sounds like this might be a bit of a long shot I'm willing to try anything right now.




As I am on my 16th Month already , wondering if something can be done as well?

spitfire
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Re: 8 month delayed naturalisation application

Post by spitfire » Thu Sep 01, 2016 10:42 am

Hi,

Can you please update me with this case? did you get the approval yet?

Thanks,

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CR001
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Re: 8 month delayed naturalisation application

Post by CR001 » Thu Sep 01, 2016 10:50 am

spitfire wrote:Hi,

Can you please update me with this case? did you get the approval yet?

Thanks,
Please refrain from digging up such old threads. This one is 3.5 years old.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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