Mistake by the Nationality Checking Service

[Intrepid V]

Greetings! Today I have applied for naturalisation and British passport via the Nationality Checking Service. I have two main questions.

First question. At the end of my appointment, the NCS agent gave me copies of several documents: completed NCS document checklist for my application, NCS client care record version 4.3 section A (Requirements for Section 6(1)+JCAP) which I signed and dated, Local Authority Passport Check and NCS receipt. After arriving back home, I found several mistakes the agent made:

a) On the NCS document checklist, the agent entered my date of birth incorrectly (wrong day of the month)

b)On the Local Authority Passport Check, agent incorrectly put tomorrow's date instead of today's

c)For the NCS client care record version 4.3 section A, I also incorrectly put tomorrow's date instead of today's next to my signature (I forgot the date, asked the agent and she told me the wrong date).

So for the first two errors at least, the NCS agent is directly responsible.

Should I be worried about these mistakes, or is this a non-issue? Do these documents actually get sent to the Home Office with my application, or are they exclusively for me and NCS to keep a record? I am guessing the wrong D.O.B is not an issue since they see my passport and correct D.O.B on application form as well as my photographs... But I am planning to email and write a letter to my NCS authority, in addition to a phone call to ask them to rectify this information.

Second question. The NCS agent informed me that a new law came in 2014 that states that asylum seekers are automatically in breach of immigration law, and they have to wait 10 years after receipt of ILR to be eligible for citizenship. This should not affect me since:

1) I received ILR in 2004

2) I was a minor when I came to UK in 1997 and my mother claimed asylum, not me

However, what I am wondering is whether this breach applied to me at all. The fact is that my mother (and me) arrived in UK legally (on a holiday visa, I believe), and my mother has applied for asylum after being in UK for 10 days. Would this still have made my mother in breach of immigration law?

Any advice regarding all of the above would be appreciated!

[cs95tdg]

Should I be worried about these mistakes, or is this a non-issue? Do these documents actually get sent to the Home Office with my application, or are they exclusively for me and NCS to keep a record? I am guessing the wrong D.O.B is not an issue since they see my passport and correct D.O.B on application form as well as my photographs... But I am planning to email and write a letter to my NCS authority, in addition to a phone call to ask them to rectify this information.

Second question. The NCS agent informed me that a new law came in 2014 that states that asylum seekers are automatically in breach of immigration law, and they have to wait 10 years after receipt of ILR to be eligible for citizenship.

About the mistakes, I'd personally call the NCS and ask them. Not sure if the mistakes can effect anything, but as they weren't on your application forms, my take is that it's unlikely.

Regarding the second, that statement isn't quite correct. What happened in Dec 2014 is that the Good character requirement for naturalisation was made more stringent. A requirement was introduced, to say that any illegal stay in the UK during the 10 years immediately prior to an applicants naturalisation application would result in a refusal. There's a sticky topic under this forum around why those who claimed asylum immediately after arriving (without a significant delay, resulting illegal stay) shouldn't be affected by this change & that if their applications were rejected they would have valid grounds to challenge or request a reconsideration. So in essence I don't believe the NCS advisor was correct in that statement.

Irrespective of that, as you've held ILR for over 10 years, unlikely that this would affect you now anyway. I believe you had another topic where this aspect of your immigration history was discussed in some detail before below.
http://www.immigrationboards.com/britis ... 14434.html

[Intrepid V]

Hi, thanks for your explanation regarding my 2nd question. Indeed my other thread talks about this.

I am anxious because the NCS agent has ticked "yes" for the answer to "Have you been in breach of immigration laws at any time since
Your first arrival in UK". This is on the NCS client care record A form (where they have a list of yes/no questions which the agents read out to me, and then I had to sign and date).

NCS agent consulted with her colleague and also called Home Office representative who also confirmed that "yes" should be ticked.

However I believe that I since my mother come legally to UK and applied for asylum within 10 days of legally being here (as a tourist), I have never breached any laws.

I wish to emphasise that this is the NCS Client care Record form I am talking about, and NOT the naturalisation AN form.

Essentially I don't want the outcome of my application to be in jeopardy because of lack of knowledge of the NCS!

What do you think?

[noajthan]

As you were a minor if/when any breach occurred it would be unjust to hold you responsible and accountable;
you were brought to UK by a responsible adult;
you would have had little or no idea what was happening and little or no say in it.

[cs95tdg]

Personally I don't see how that answer you refer to on the NCS client care record can really affect your application. The NCS advisor & whoever they spoke to over the phone, appear to have taken the stance that anyone who entered the UK to claim asylum would have entered illegally, without the right to enter (Im guessing that this would be the norm when it comes to asylum claims), even though your entry circumstances are different. So while incorrect, I don't see it having an effect.

If the HO records on your immigration history (I.e. what would appear on a SAR) reflect your actual entry correctly, I don't see how this NCS form can have any effect on the application, so wouldn't worry.