Application for review when British Citizenship is refused

[Gusi]

Hi

I would be most grateful if someone could please help me.

I sent my citizenship application in October 2017 and did not hear anything until early January 2018.

On a Home Office letter dated 20th December 2017 which was only received on 5th January 2018 further documentation was requested including proof that I met the English language requirements. I sent this on 8th January 2018 (post graduate legal Studies in the UK) within the time frame that they had given to me.

I subsequently received a letter dated 11th January 2018 stating that my application had been refused as they could not be satisfied that I met the knowledge of English language which is beyond comprehension as I kept in contact replying to their letter and providing further documentation and details when requested to do so. I even tried to speak to them but were advised that it is impossible to speak/get in contact with the case worker other than by post.

If they believed and considered that the additional documentation that was sent to them on 8th January 2018 was insufficient eg. they did not accept my postgraduate legal studies in the UK and the fact that I am an English qualified solicitor, I would have expected them to reply to my letter and advise on any further documentation that they deem required, eg. English language exam I guess, instead of refusing the application on a completely arbitrary way.

I hence again wrote to them on 14th, 15th and 16th January 2018 and sent further documentation and also sat my English language exam on 16th January 18 and sent the results to them that same date.

I strongly believe that I comply with all the requirements to apply for British citizenship and provided numerous additional post graduate legal qualifications taken in English in the UK during the last 15 years that I have lived in the country but as they did not seem to take this into account I ultimately sat an English language exam on 16th January English speaking and listening qualification at B1 CEFR (Trinity’s GESE Grade 5 exam) passed with distinction in both areas and sent this to them.

As they had already refused my application they have asked me to send form NR if I want my application to be reconsidered or start a new application.

I would prefer to ask for my application to be reconsidered on the grounds that they did not allow sufficient time for me to provide further documents and make enquiries however my concern is the following:

1. they do not seem to accept my legal studies in the UK as proof of satisfying the English language requirement.
2. I therefore sat the English language exam but the date of this is January 2018 when they made enquiries with me whilst my application is dated October 2017

Would the English exam be taken into consideration in the reconsideration process or would they claim that this is dated after my application date?

Before I sent my application in October 17 I spoke to them on the phone, naturalisation helpline and was advised that they would tell me if they needed further documentation should they not accept my English legal qualifications/exams in the UK and could then sit my English language exam if they needed it but this was not the case, they refused the application without given me this chance.

On those grounds I want to make sure that they would not refuse again the reconsideration as I do not want to waste more money, very frustrating!

Many thanks and best wishes to all

[vinny]

This page tells you which diplomas can be accepted as evidence of English language ability.

Applicants holding a post-graduate diploma, or a graduate diploma from a UK university, are considered to have the required level of English for a settlement or citizenship application.

Postgraduate diplomas are usually abbreviated as PGDip, PG Dip, PgD, PgDip. Examples would be:
• postgraduate diploma in legal practice
• graduate diploma in law
• postgraduate diploma in education

A postgraduate diploma, or graduate diploma from a university outside the UK, must have UK NARIC confirmation showing it is comparable to a UK degree, and was taught in English.

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.

You could request a review. The caseworker failed to follow guidance, policy or procedure. Submit supporting documents, etc.

[Gusi]

Thank you

Can you or anyone please let me know if the QLTS (qualified lawyer transfer test) would be an acceptable post graduate diploma? This is a regulation by the Law society whereby lawyers with a Degree from their jurisdiction can do the tests/exams to become a UK Solicitor and it is all taught in English of course.

best regards

[vinny]

The list in their Guidance is not exhaustive. Was it a diploma from a UK university? I think that professional qualifications may be unacceptable.

You must not accept professional diplomas from either inside or outside the UK, which do not require an undergraduate degree as an entry requirement, for example:....

However, the important point is that the caseworker failed to follow guidance, policy and procedure, as indicated with the word “must”:

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.

[srocky]

Hi,

Can you please tell me what was the outcome finally, it would be really helpful for me .
Thanks in Advance

[iftiali247]

I am in the same boat . any update would be really helpfull sir......

[iftiali247]

Hello again!does any member of the board have any info about the result of mr Gusi s case mention above in this thread ?esp board panel member mr vinny if he dont mind!

Plz share if anyone has information.

[CR001]

Hello again!does any member of the board have any info about the result of mr Gusi s case mention above in this thread ?esp board panel member mr vinny if he dont mind!

Plz share if anyone has information.

The user hasn't logged into the forum or updated since his last post, so we don't know what the outcome was if any.

Please start your own topic with your circumstances and questions.

[iftiali247]

Good afternoon and thank you for your reply CR001.sorry for late reply and sorry for not replying/starting in my own thread(i have not started a topic before so not very comfortable to start on my own).

I am not sure if i should make this request to you please ignore if you think that this is not an approprieate request.

Is there anyway to find out regarding mr Gusi s application updates?can the BOARD/Members on panel personlly send an email to Gusi s email address and request for update?.

[Casa]

Good afternoon and thank you for your reply CR001.sorry for late reply and sorry for not replying/starting in my own thread(i have not started a topic before so not very comfortable to start on my own).

I am not sure if i should make this request to you please ignore if you think that this is not an approprieate request.

Is there anyway to find out regarding mr Gusi s application updates?can the BOARD/Members on panel personlly send an email to Gusi s email address and request for update?.

Moderators wont break the personal privacy of members by contacting them through the registered email address.