APPLICATION FOR BRITISH CITIZEN WAS REFUSED

[NELSON1]

In October 2017, I applied for British naturalisation but was denied because I didn't provide evidence that I can speak the English language (English language test certificate was not provided).

To be quite honest, my inability to provide the B1 certificate was not intentional. The requirement in this area was that you, the candidate, provide a certificate of a degree you have completed or the B1 certificate.

I could not provide the B1 certificate during the period the Home Office needed it to process my application and I did not actually visualise the future implication this would have had on my application. Therefore, I provided, to the Home Office, a level 6 certificate that I have already completed with a letter from the university stating that the level 6 qualification is equivalent to a bachelor degree and was taught in the English language. I also provided a letter to the Home Office regarding an MSc am currently completing (I will be completing this degree in February 2018). Based on these qualifications, I was convinced that the Home Office would have considered my application; unfortunately, my application was refused. The Home Office claimed that the Level 6 certificate is a vocational qualification, is not a degree. Accordingly, I did not meet all the requirements as required by naturalisation law.

However, I have the opportunity to apply for reconsideration. I actually need an advice in this regard. I am prepared to produce the B1 certificate in my NR form but am afraid that I would still be refused. The letter of refusal from the Home Office indicates that I should explain how the home office's decision to refuse me was not based on naturalisation law. That is, in defending my reconsideration appeal, I should justify that the Home Office's decision to deny me was not based on its policy that requested the B1 certificate as one of the requirements to qualify a naturalisation application.

Has anyone had similar experience? As am preparing to submit my NR form, I would highly appreciate direction in this regard.

Thanks,

Nelson

[vinny]

They failed to consider their own immigration and nationality guidance.

Prior to refusal, they should have exercised their discretion, and asked you to take an approved B1 test.

If you are not satisfied with a B1 qualification you must ask the applicant to take a test with one of the providers on the current SELT list, at an approved test centre. See related link.
If the applicant does not send in acceptable evidence that they meet this requirement within the time allowed, you must refuse the application.

[iffi786]

I think they have given time to him to provide B1