Refusal British Citizenship

[Bhupal]

Hello All,

Last week I received a letter from your HO about my Naturalisation Reconsideration Application refusal letter which I applied on April 2016 . Now I have few question as below,I hope you will answer of them.

My question are:
Now when can I apply for my new British Citizen application? On my first BC refusal letter which I received on April 2016 said that if I wish to apply again Naturalisation it open to me as a fresh application at any time but in view if my action I am advised that my application made before 30 April 2026 is unlikely to be successful.which my recent ILR expire on 2023.
Can I apply BC in 1 to 2 years times or do I need to wait until my ILR expire on 2023.
Do ILR expire as well like my 2023.If ILR expire then,can I reapply or not.will they question my TOEIC problem again the application time.
I heard there is certain rule for drink and driving police caution and applicant will be eligible to apply BC after 2 - 3 years will this follow in my case as well or not?
Since 11 years,I have never visited Nepal due to visa problem, for example now If I visit Nepal for holiday for a few week, and while returning to UK,will airport Immigration officer question or make me some problem in my ILR status or not due to BC application and the TOEIC issue.
This year August 2017,we are expecting third child,can I apply my newly born child British Passport through my ILR side or from my wife side who have got ILR as well through her 10 years residence int the UK.
Thank you so much.

[Seselwa]

If ilr stands for indefinite, why does it run out. Indefinite means forever don't it.

[vinny]

By definition, the ILR status doesn't expire. An ILR sticker should not have an expiry date.

However, a BRP may have an expiry date, similar to a passport's.

[Jas2013]

What is the reason for your BC refusal ?

Hello All,

Last week I received a letter from your HO about my Naturalisation Reconsideration Application refusal letter which I applied on April 2016 . Now I have few question as below,I hope you will answer of them.

My question are:
Now when can I apply for my new British Citizen application? On my first BC refusal letter which I received on April 2016 said that if I wish to apply again Naturalisation it open to me as a fresh application at any time but in view if my action I am advised that my application made before 30 April 2026 is unlikely to be successful.which my recent ILR expire on 2023.
Can I apply BC in 1 to 2 years times or do I need to wait until my ILR expire on 2023.
Do ILR expire as well like my 2023.If ILR expire then,can I reapply or not.will they question my TOEIC problem again the application time.
I heard there is certain rule for drink and driving police caution and applicant will be eligible to apply BC after 2 - 3 years will this follow in my case as well or not?
Since 11 years,I have never visited Nepal due to visa problem, for example now If I visit Nepal for holiday for a few week, and while returning to UK,will airport Immigration officer question or make me some problem in my ILR status or not due to BC application and the TOEIC issue.
This year August 2017,we are expecting third child,can I apply my newly born child British Passport through my ILR side or from my wife side who have got ILR as well through her 10 years residence int the UK.
Thank you so much.

[Casa]

What is the reason for your BC refusal ?

Hello All,

Last week I received a letter from your HO about my Naturalisation Reconsideration Application refusal letter which I applied on April 2016 . Now I have few question as below,I hope you will answer of them.

My question are:
Now when can I apply for my new British Citizen application? On my first BC refusal letter which I received on April 2016 said that if I wish to apply again Naturalisation it open to me as a fresh application at any time but in view if my action I am advised that my application made before 30 April 2026 is unlikely to be successful.which my recent ILR expire on 2023.
Can I apply BC in 1 to 2 years times or do I need to wait until my ILR expire on 2023.
Do ILR expire as well like my 2023.If ILR expire then,can I reapply or not.will they question my TOEIC problem again the application time.
I heard there is certain rule for drink and driving police caution and applicant will be eligible to apply BC after 2 - 3 years will this follow in my case as well or not?
Since 11 years,I have never visited Nepal due to visa problem, for example now If I visit Nepal for holiday for a few week, and while returning to UK,will airport Immigration officer question or make me some problem in my ILR status or not due to BC application and the TOEIC issue.
This year August 2017,we are expecting third child,can I apply my newly born child British Passport through my ILR side or from my wife side who have got ILR as well through her 10 years residence int the UK.
Thank you so much.

[London20]

Hello All,

Last week I received a letter from your HO about my Naturalisation Reconsideration Application refusal letter which I applied on April 2016 . Now I have few question as below,I hope you will answer of them.

My question are:
Now when can I apply for my new British Citizen application? On my first BC refusal letter which I received on April 2016 said that if I wish to apply again Naturalisation it open to me as a fresh application at any time but in view if my action I am advised that my application made before 30 April 2026 is unlikely to be successful.which my recent ILR expire on 2023.
Can I apply BC in 1 to 2 years times or do I need to wait until my ILR expire on 2023.
Do ILR expire as well like my 2023.If ILR expire then,can I reapply or not.will they question my TOEIC problem again the application time.
I heard there is certain rule for drink and driving police caution and applicant will be eligible to apply BC after 2 - 3 years will this follow in my case as well or not?
Since 11 years,I have never visited Nepal due to visa problem, for example now If I visit Nepal for holiday for a few week, and while returning to UK,will airport Immigration officer question or make me some problem in my ILR status or not due to BC application and the TOEIC issue.
This year August 2017,we are expecting third child,can I apply my newly born child British Passport through my ILR side or from my wife side who have got ILR as well through her 10 years residence int the UK.
Thank you so much.

Hi.Did HO called ypu for the interview?

[Bhupal]

Hi Jas2013
Sorry for the late reply.here is my detail:

Came to the UK as a student on May 2003
Got my ILR on 2013
Applied my Naturalisation on Oct 2014
Rejected my Naturalisation due to my TOEIC reason, which I gave it as a genuine student.
Now my solicitor said I have to go via Judicial Review and sound expensive(Can you confirm if this is a good way)
I have MBA from here in UK University and 4 IELTS and 2 Pearson.
I also planned to go back to my home country for holiday, will it make the problem when I return back to Heathrow due to my TOEIC problem in the Naturalisation.
Also, my solicitor asked for reconsider, rejected still Home rejected Dec 2016.

My all three kids got British Citizen and my wife got ILR and she will apply British Citizen on Nov 2017.

Myself is confused, advice can you give me advice, please.

Thank you so much in advance.

Bhupal

[Bhupal]

Hi Casa,

Sorry for the late reply.here is my detail:

Came to the UK as a student on May 2003
Got my ILR on 2013
Applied my Naturalisation on Oct 2014
Rejected my Naturalisation due to my TOEIC reason, which I gave it as a genuine student.
Now my solicitor said I have to go via Judicial Review and sound expensive(Can you confirm if this is a good way)
I have MBA from here in UK University and 4 IELTS and 2 Pearson.
I also planned to go back to my home country for holiday, will it make the problem when I return back to Heathrow due to my TOEIC problem in the Naturalisation.
Also, my solicitor asked for reconsider, rejected still Home rejected Dec 2016.

My all three kids got British Citizen and my wife got ILR and she will apply British Citizen on Nov 2017.

I am very confused, can you give me advice, please.

Thank you so much in advance.

Bhupal

[Bhupal]

Hi Vinny,

Sorry for the late reply.here is my detail:

Came to the UK as a student on May 2003
Got my ILR on 2013
Applied my Naturalisation on Oct 2014
Rejected my Naturalisation due to my TOEIC reason, which I gave it as a genuine student.
Now my solicitor said I have to go via Judicial Review and sound expensive(Can you confirm if this is a good way)
I have MBA from here in UK University and 4 IELTS and 2 Pearson.
I also planned to go back to my home country for holiday, will it make the problem when I return back to Heathrow due to my TOEIC problem in the Naturalisation.
Also, my solicitor asked for reconsider, rejected still Home rejected Dec 2016.

My all three kids got British Citizen and my wife got ILR and she will apply British Citizen on Nov 2017.

I am very confused, can you give me advice, please.

Thank you so much in advance.

Bhupal

[Coldwinter]

It seems your application has been refused under the deception clause which is why HO is likely to reject your application for a 10 year period.

I have seen a few cases on this forum where cases have been rejected due to toeic. Did you use toeic for any of your visa or naturalisation applications?

[Bhupal]

Hi Coldwater, I have never used Toeic for any sort of visa purposes,will there be any positive news if we take this case to judicial review please

[vinny]

If you had never used Toeic for any application, then why did it come up? On what basis did they say that you had used Toeic? Are they confusing you with someone else? Possible identity thief is more alarming.

[Bhupal]

Hi Vinny, during an interview in Liverpool they asked me all about TOEIC and said I gave a test on this and that place, which I sat for the test as well and they told me that all my TOEIC are a proxy.However, I have never my TOEIC certificate on any visa purposes during my 10 years times but only used IELTS and Pearson.

Now my question is my solicitor said I could go to Judicial review which will cost me £1000 first and later £3000, may I know how long and what guarantees is there for successful of my naturalisation.

thank you.

[vinny]

Following the panorama revelations, who, in their right minds, would want to use suspect TOEIC certificates in any event?

If you have never used a TOEIC certificate in/for any application, then there is no possibility of proxy/deception because of TOEIC. I'm struggling to see how not using a TOEIC certificate implies proxy/deception and lack of Good Character. A refusal solely based on not using a suspect TOEIC certificate seems unreasonable and doesn't make sense to me.

Have you also tried complaining or applying for reconsideration?

[Bhupal]

Hi Vinny,

Yes, I send another reconsideration form for my Naturalisation and they gave me the same feedback saying due to my TOEIC record mentioning I am not safe to the public and the government so they again refused my Naturalisation Reconsideration.

However, now my solicitor said I have to go Judicial Review which will cost of around £5000, but will this be a good way to do, please suggest me.Will they approve my Naturalisation if not then I will spend my that hard earning money of £5000.

I look forward to hearing from you soon Vinny.

Thanks

[vinny]

If you also have a drink and drive police caution within the last 3 years, then a JR may not be worth pursuing at this time.

[Bhupal]

Hi Vinny,

I don't have any drink and drive problem.

THanks

[Casa]

I heard there is certain rule for drink and driving police caution and applicant will be eligible to apply BC after 2 - 3 years will this follow in my case as well or not?

This is where the confusion has arisen.

[Bhupal]

Hi Vinny and Casa,

What advise will you give to me?

Will Judicial review be successful.

Thanks

[vinny]

Perhaps this is part of a push of denying British citizenship via guilt by association?

Given your information, the refusal seems rather weak.

[Bhupal]

Hi Vinny,

Is going to Judicial Review is a good one for me to win this case?

Could you give me the tips how to win the case for my naturalisation?

Thanks

[vinny]

1. Was the TOEIC fraudulent?
2. Did you admit that you got it fraudulently?

The various JRs appear to be concerned with deception resulting from using a suspected TOEIC certificate. If you haven't used it in any application, then how can this be deception? Am I missing something here?

I don't understand their logic, unless 1 or 2 above is true.

[Bhupal]

Hi Vinny,

For example, if I have given two TOEIC certificate, one was genuinely given to College myself and another, I got it fraudulently (for example).However, I have never used it any of the UK VISA.Every time I used my IELTS and Pearson certificate.

I have never admitted that I got the TOEIC fraudulently.

Now will jury will be in my favour to approve my Naturarialtaion or not.I have MBA from the UK University by working hard and now I have got the good job related to my MBA studies.Will this help?
I have my whole family here in the UK and all children are BRithsh and wife will be British in the next year 2017.

Thank you

[vinny]

What arguments is your solicitor proposing to use in a JR?

[vinny]

You demonstrated Good character by declaring a suspect TOEIC.
You demonstrated Good character and judgment by never using a suspect TOEIC to deceive anyone.
Their problem is that they cannot show that you used a suspect TOEIC to deceive in any application.
Their problem is showing that your possession, but non-use, of a suspect TOEIC is material.
Their problem is showing that the refusal is proportionate and reasonable.