Chapter 18 Annex B paragraph 7.5(g) of the BNA 1981

[BCMN1]

@ 01yoseph,

I'll be applying on 5 Oct 2013, this is when I am completing 15 months from the date of my ILR application i.e: 04 July 2012.

I'll keep updating for any outcomes.

[Amber]

The above question was recently inserted into the new version Form AN Sep 2013. I am bit concerned about a caution I received.

It was a Police caution in Dec 2003 for shop lifting and was verbal warning and I can't remember whether they gave me a paper or not.

I'll appreciate valuable advise from Moderators and Guru,s whether this will affect my naturalisation application or not?

Thanks in advance.

[Amber]

See British Citizenship – Good Character Requirement FAQs (click) Questions 2&3.

[BCMN1]

Once again, Many thanks Amber.

Shall I declare the caution or not?

As per UKBA website:

http://www.ukba.homeoffice.gov.uk/briti ... character/

You must give details of all criminal convictions both within and outside the United Kingdom. This includes road traffic offences.

and

http://www.ukba.homeoffice.gov.uk/briti ... ngtheform/

You do not need to provide details of any convictions which are ?spent?. Information on how a conviction becomes spent can be found in the section on good character.

There is nothing about caution in Good Character. And the information on both pages are contradictory to each other.

Please advise, thanks.

[Amber]

If you've not already applied? You should complete the new form which asks you to declare cautions.

[BCMN1]

Thank you Amber.

I'll apply on Monday.

[ranadawood]

HI BMCN1,

Did you already apply under the 7.5 g? If yes please keep posted .

Thanks

[BCMN1]

HI BMCN1,

Did you already apply under the 7.5 g? If yes please keep posted .

Thanks

In fact I am in a train now as I write, making my way to Conwy Nationality Checking Service.

[BCMN1]

Not a good news:

Nationality Checking Service called Home Office's Nationality Help Line, my cover note was read to the help line advisor, he took my details & after a pause told the council staff that in my case discretion can not be applied(why not???)and if they send the application it will be refused.

Home Office is net picking on my application where Paragraph 7.5(g) Annex B, Chapeter 18 of BNA 1981 clearely states:
Discretion to disregard immigration time restrictions in the final 12 months may normally be exercised if consideration of an application for indefinite leave to remain, made more than 15 months before the citizenship application, had been protracted through no fault of the applicant, providing ILR was eventually granted...!!!!

[Damanisshallo]

Good try though. I hope you din't lose any money (Even £65)

Even the Nationality Policy Team weren't sure of this word "Protracted".

[Amber]

I do not know why they have marked your case when the delay was not your fault, regardless of how the decision was made. I think you should make a complaint.

[BCMN1]

I do not know why they have marked your case when the delay was not your fault, regardless of how the decision was made. I think you should make a complaint.

Complaint....to who?

My request to have an appointment with the Home Secretary is also put down as she is a very busy person. I wrote to my MP, the same person from the HO replied with the same contents that my application for ILR is not protracted.

Only way left is High Court. But I don't want to jeopardize my Nationality.

I'll take on them once I have the Nationality. If some thing is wrong, its wrong and they must accept it.

[BCMN1]

Good try though. I hope you din't lose any money (Even £65)

Even the Nationality Policy Team weren't sure of this word "Protracted".

Was an 11 hour round trip by train, only lost ticket money £41.30, Welsh people are really nice and I can endorse it they didn't charge me the NCS fee....

As per your link: These are wordings of Mrs. C R(Nationality Policy Advisor), while the definition of Advisor is:

"Normally a person with more and deeper knowledge in a specific area"

IS SHE?

[Amber]

It beggars belief how such organisations have incompetent people attheir helm no wonder such incompetence is transpired down to decision makers.

[BCMN1]

This policy should either be operational or be excluded from the Section 7 , Annex B, Chapter 18 of BNA 1981.

Applicants are done twice; once at the delay in ILR applications and secondly by not applying the discretion to waive off the residency requirement under above policy.

Home Office should be on BBC's RIP OFF BRITAIN

[Amber]

They use one easy get out clause:

'Citizenship is a privilege not a right'

[Damanisshallo]

I think it is time to report/bring to the notice of

Code: Select all

UK Border Agency
Ms Sarah Rapson	Director General
Email	sarah.rapson@homeoffice.gsi.gov.uk
Telephone	020 7035 1678

Source:

[Amber]

The UKBA is no more, now it's the UK Visas and Immigration (UKVI) but Ms Rapson is still in charge.

[BCMN1]

I think it is time to report/bring to the notice of

Code: Select all

UK Border Agency
Ms Sarah Rapson	Director General
Email	sarah.rapson@homeoffice.gsi.gov.uk
Telephone	020 7035 1678

Source:

Thanks Damanisshallo,

Email is dis-functional to no surprise.....

left a voice mail for a call back.

[Spidery_thread]

@ bcmn1,

Apply by post today, help line advisors have no authority what so ever to suggest that your application for naturalisation will be refused, or discretion can not be applied.

Decision lies in case worker's hands, who are more experienced then call centre staff and policy advisors, as its their job to deal with complex cases.

Your case is not complex and will be dealt at AO level. Who have the authority to apply discretion.

[BCMN1]

Thanks Spidery_thread,

Actually I did apply via postal route yesterday, with certified copies of my passports.

Lets see what will be the outcome?

Many Thanks

[Ged]

There is a lot of scaremongering going on under this discussion as we do not really know what will happen with BCMN1's application (and 01yoseph' application too). Therefore it is too early to speak.

I personally intend to apply as soon as my 15 months is up as it was not my fault that they wasted 8 months of my life during my ILR application. So they cannot hide behind the "definition of protracted" or any other malarkey. 15 months rule is likely to bring back 5 months of the time they stole from my freedom of travel, so this is not an issue to downplay as if it was nothing.

If we all meekly pretend as if UKBA being outrageously late with our ILR applications was normal, we deserve even worse treatment with our dealings with UK Government in the future. The regulation is very clear and they should "normally apply discretion" if they could not resolve the ILR in 3 months (not 6).

While I was waiting for my ILR to be resolved, I involved my MP in order to find out why they were so late, and written correspondence with UKBA indicates that they were simply "too busy" to deal with my application any faster. This clarifies that the delay was not my own fault. I know there are others who know that the delay in their ILR application was not their own fault.

Naturally, and frankly, I will reconsider my position as new data becomes available. However; I want to be a citizen not a sheep therefore I have no reason to recommend any one to keep waiting needlessly without any real reason to do so. The regulation is written and it is clear (Paragraph 7.5(g) Annex B, Chapter 18 of BNA 1981). In the mean time, I will keep watching what happens to CMN1's and 01yoseph' applications...

[Amber]

7.5(g) does not say that 3 months is protracted at all. It actually does not define what protracted is (not clear at all), that will be a matter for the caseworker to decide. However, based on policy caseworker correspondence and logic, where ILR decisions take >6 months they should be viewed as protracted and so long as the delay was at no fault of the applicant, 7.5(g) should apply.

[Damanisshallo]

I've received a letter from the newly formed UK Visas & Immigration apologizing for the delay caused in dealing with my complaint (Not application) lodged with them after waiting for more than 7 1/2 months and confirming that they've looked into my complaint lately and learnt that I've now been issued with an ILR and that they are closing my complaint apparently.

My next step will be, to write to them attaching this letter (which I've received) asking them to confirm whether the delay in dealing with my application was caused purely due to the overwhelming applications they've received and not of my fault.

I'm hoping to get a response (If at all I get one) within the next 2 months so that I can use this against my Naturalisation Application under Para 7.5g


Out of context, what is Diamond Member means??????

[Amber]

Regarding the ranking see here.