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Naturalisation application refused

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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dexter1
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Naturalisation application refused

Post by dexter1 » Fri Jul 21, 2017 3:55 pm

Hi all,

I applied for naturalisation in march in basis of 5yrs tier1 plus 1 year ilr,
Today i recieved a refusal letter on the basis of good character grounds.
When I first applied for Tier1 back in 2009 homeoffice refused my application on the basis of false documens relating to previous work. I appealed and had to on thr appeal hence why I was ganted Tier1 and ILR.

Now i am confused on what basis can my application be refused again like this, I have only one option to use reconsideration form and attach all the previous tier1 decisions or according to letter wait for another 2 years ( probably to complete 10 yrs period) its just a complete unfair decision.
I dont think I have an option of contacting the case worker and clarifying rather than wasting money and time and unnecessary stress.

Any advice and help will be highly appreciated.

argus7
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Re: Naturalisation application refused

Post by argus7 » Fri Jul 21, 2017 4:03 pm

Can you paste the exact tesxt of the letter / Refusal reason without your personal details?

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CR001
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Re: Naturalisation application refused

Post by CR001 » Fri Jul 21, 2017 4:38 pm

Did HO remove the deception charge back then?
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dexter1
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Re: Naturalisation application refused

Post by dexter1 » Fri Jul 21, 2017 6:11 pm

Thank you for replies,
CR i assume they removed it as I won the appeal and then Visa was granted and on the same visa i had my extension and ILR. The exact text is as following

"You application has been refused for the following reasons
It is a requirement for naturalisation that a person is of good character . There is no definition of good character in the British nationality act 1981 . But our policy in regard to this requirement is outlined on gov.uk
Our enquiries into your application reveal that in 2009 you submitted payslips from ....... and a return of tax document in support of an application for leave to remain . Standard verification checks confirmed that you had not worked at ....... and the documents you provided were false .
The Home Secretary considers your actions constitute a deliberate attempt to mislead a government department and as such cannot be satisfied that you meet a good character requirement for naturalisation and your application is refused . You have applied for a British citizen passport at the same time as making a British citizen application at your NCS appointment . As your application for British citizenship has been refused , your application for British passport is also refused.
If you still wish to become a British citizen you must make a fresh application for naturalisation accompanied by the appropriate fee . It is open to you to make a fresh application at any time but in view of. Your actions you are advised that an application made before September 2019 is unlikely to be successful .
You should note that the outcome of any future applications cannot be guaranteed as this would be determined in the light of enquiries made at the time . As explained in our schedule of fees the application fees for our British citizenship is not refundable and has been retained to cover the cost of handling and processing . Arrangements are being made to return the some of 80£ in anticipation of your attendance at the citizenship ceremony .
Next steps
If you believe the decision to refuse your application was not soundly based on nationality law, policy or our procedures and you wish it to be reconsidered , you must complete form NR and pay a fee ."

Will it not be unfair to pay a fee and tell them what they should already have on record i.e. The employer challanged the claim of verification and confirmed again.

Obie
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Re: Naturalisation application refused

Post by Obie » Fri Jul 21, 2017 6:20 pm

You need to challenge them, that you will take legal action if they don't rescind the decision.

Don't opt for FORM NR as it can take forever.
Smooth seas do not make skilful sailors

dexter1
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Re: Naturalisation application refused

Post by dexter1 » Fri Jul 21, 2017 6:49 pm

I am dreading the same:( lets hope I find some peace. Only if i could speak to the caseworker and explain it on phone.

Obie
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Re: Naturalisation application refused

Post by Obie » Fri Jul 21, 2017 7:22 pm

dexter1 wrote:I am dreading the same:( lets hope I find some peace. Only if i could speak to the caseworker and explain it on phone.
There is no facility on phone. If you send a Pre-Action Protocol, the caseworker will find it.
Smooth seas do not make skilful sailors

dexter1
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Re: Naturalisation application refused

Post by dexter1 » Fri Jul 21, 2017 10:57 pm

Does anyone know if I can email home office after refusal? Tiny hope that caseworker missed the crucial information of allowed appeal back in 2010??
Is it worth sending an email before NR form? To save time and 321£

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CR001
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Re: Naturalisation application refused

Post by CR001 » Fri Jul 21, 2017 11:56 pm

I would strongly suggest you follow the advice that Obie has given you regarding sending a Pre Action Protocol.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

dexter1
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Re: Naturalisation application refused

Post by dexter1 » Sat Jul 22, 2017 3:41 pm

Spoken to my legal asvisor who dealt with my case back then and I am advised to go down NR form route as the reconsideration fee(321£) is refundable. Fingers crossed another stretch of blessed wait begins.

Obie
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Re: Naturalisation application refused

Post by Obie » Sat Jul 22, 2017 3:44 pm

dexter1 wrote:Spoken to my legal asvisor who dealt with my case back then and I am advised to go down NR form route as the reconsideration fee(321£) is refundable. Fingers crossed another stretch of blessed wait begins.
That is wrong. Reconsideration fees are non refundable.
Smooth seas do not make skilful sailors

dexter1
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Re: Naturalisation application refused

Post by dexter1 » Sat Mar 10, 2018 8:25 pm

Waiting for reconsideration decision since Augist 2017, everytime my solicitor checks the standard reply is “application is with correct department and applications are considered in date order”

Has anyone else applied for naturalisation reconsideration during same time period??

Can I go for JR without reconsideration decision?
:? Just a constant headache for no good reason

Obie
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Re: Naturalisation application refused

Post by Obie » Sat Mar 10, 2018 9:45 pm

I advised you and you went for the adviser's advise, now I think JR is unlikely to be an Option as you are clearly out of time.
I told you precisely what the delay will be.
Smooth seas do not make skilful sailors

dexter1
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Re: Naturalisation application refused

Post by dexter1 » Fri Mar 30, 2018 11:22 pm

Too late to regret now, got a call from solicitor today that home office wants a passport application again as it was probably discarded after initial refusal, not sure if it is a standard procedure for reconsideration applications or a good sign.
Fingers crossed 😬

dexter1
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Re: Naturalisation application refused

Post by dexter1 » Tue Sep 18, 2018 1:15 pm

Finally Approval arrived😬 it took 13 months for reconsideration, i did not take advice of admins here i.e. should have went for judicial review rather than reconsideration as I knew the decision was baseless.

Good luck every one

jimmywaley2k
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Re: Naturalisation application refused

Post by jimmywaley2k » Tue Sep 18, 2018 9:23 pm

hi dexter1,
did the home office asked you to fill new passport application form?

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