Post
by jimmywaley2k » Mon Oct 29, 2018 11:59 am
NAMES:
ADDRESS:
DATE:
DEPARTMENT 73
UKVI
THE CAPITAL
NEW HALL PLACE
LIVERPOOL
L3 9PP
Dear sir/madam,
RE: RECONSIDERATION NATURALISATION APPLICATION YOUR NAME DOB/NATIONALITY
I am formally requesting for a reconsideration of the refusal of my application for naturalisation decision dated ……. The reason I requested for this reconsideration are as stated below:
1. I believe that the caseworker has not sufficiently consider my application using the correct statuary requirements /criteria: Nationality policy guidance and casework instruction chapter 18 Annex D Paragraph 9.5
(10 YEARS FROM DATE WHEN APPLICANT MADE FIRST APPLICATION FOR LEAVE)
2. Fail to take account of relevant documents or information on home office Caseworker Information Database Records (CID) possession before my application was refused. As I submitted copy of SAR with Annex A form late December 2017 as well as copy of previous Naturalisation refusal letter dated ..September 2015
See Annex B attached (Page 7 0f 8 & Page 8 0f 8 of the SAR’s GCID – Case Record Sheet on the summary also obtained from home office Subject Access Request Ref…… dated …….November 2015 also have it on record that subsequent applications to be refused before ../07/17).
(10 YEARS FROM DATE WHEN APPLICANT MADE FIRST APPLICATION FOR LEAVE)
3. My application was unlawfully refused for lack of submitting satisfactory evidence of maintenance during illegal stay when such evidences were submitted in previous application to home office for further leave to remain (July 2007) and not linked with my application for naturalisation. See Annex B page 4 of 5 Decision under paragraph 395C as stated on the GCID- Case Record sheet dated ……… 2015 confirms that I have not taken employment illegally and also this file confirms that I had submitted various payslips from ………Ltd my ex-wife employer, letter form a sponsor among other various documents which reflects means of sustenance/maintenance during period of illegal stay in U.K.
It was claimed my recent application for naturalisation was refused due to the period I was in the United Kingdom without leave to remain. It was suggested that this period without lawful residence cast doubt on my character. Even though I have lived in U.K for almost 14 years without a single offence.
The recent amendments (December 2014) Nationality instructions volume 1 chapter 18 Annex D Paragraph 9.5: the good character requirement guidance, stipulates that where the applicant entered the UK illegally the application should normally be refused for a 10 year period from the date in which the applicant came to the attention of the Home Office.
I refer and rely on Nationality policy guidance and casework instruction chapter 18 Annex D Paragraph 9.5
“In circumstances where an applicant entered the UK illegally, an application for citizenship should normally be refused for a period of 10 years from the date of entry, if it is known. If it is not known, the period of 10 years starts from the date on which the person first brought themselves to or came to the attention of the Home Office”
My first application was received by the home office on …..July 2007 for further leave to remain. On the date of the application I was present in UK and it would have been reasonable for the caseworker to have upheld the nationality policy and guidance instruction quote above as published by home office and based the 10 year period from …..July 2007. The refusal is contrary to the above guidance of the home office published policy criteria/instructions for Good Character.
The previous home office refusal letter for naturalisation received by me (dated …. September 2015 Ref ……) explicitly stated state that “Any application before the 10 years period from ../07/17 is unlikely to succeed”
It appears that the caseworker has conveniently ignored the contents of the home office refusal letter dated …..September 2015 where it was stated that any application prior to ….July 2017 is “unlikely to succeed”.
Home office’s response under FOI to query and clarification of Section 9.5 Illegal Entry, of Chapter 18, Annex D – Good Character requirement. Dated 4th January 2016 corroborate the 10 years ban from date of first application to home office. See also attached FOI RESPONSE FROM HOME OFFICE REFERENCE: 37219 DATED 4TH JANUARY 2016
The home office can’t have caseworker making new policy that are contrary to the immigration rules, but they should correct their mistakes without the applicants having to unduly suffer from their mistakes.
In September 2014, John Vine the Independent Chief Inspector of Boarders and Immigration recommends to home office to ensures that caseworkers should check record on the CID all information which could impact on the assessment of good character, the Home Office published response to John Vine the Independent Chief Inspector of Boarders and Immigration’s criticism report on nationality casework and I quote “Applicants' original paper files from previous applications will now be recalled to be reviewed manually during citizenship consideration, in recognition that CID the case working database”
It is clear that the caseworker failed to check my previous files on the home office database (CID). If this had been done the caseworker would have rely on the CID note pertaining to the fact that the previous application for further leave to remain made …. July 2007 presented acceptable means and proof of maintenance in terms of my ex-wife payslips and letter of sponsor. Also, previous naturalisation refusal letter suggested that I will have to wait to reapply after ….July 2017.
I received letters late December 2017 asking me to explain again how I was maintaining myself in the country during the periods of illegal stay years ago (2004 – 2008).
I actually responded to the caseworker by completing the annex 1 form attached with other proof of residence as requested on ..December 2017, explaining that i am not able to now provide documentary proof of maintenance during my illegal stay due to reasons beyond my control one of which is because of my marriage breakdown with my ex-wife and other reason which has to do with timing of the documents which is well over ten years. I would expect the caseworker to have exercise her discretion by checking home office records and saved files for me on CID.
My previous application received by home office on ….July 2007, the GCID- Case Record sheet dated…. November 2015 confirms that I have not taken employment illegally, it is unlawful for the caseworker to now refuse my application because the caseworker is not satisfied that I couldn’t have maintain myself without access to employment or public fund.
I believe discretion has to be reasonable, and everyone is entitled to rely on government acting consistently and in line with legitimate expectations. Published guidance must be adhere to.
In conclusion, I have given clear reasons, with reference to your own guidance which illustrates that the period of 10 years starts from the date on which the person first brought themselves to or came to the attention of the Home Office or made their claim for leave to remain
I will advise that the home office reconsider my application and initial decision of the caseworker be reversed and grant my application for citizenship be granted. Not to do so will be ultra vires and I will have little option but to seek Judicial Review of the decision.
Thanks
Yours faithfully,
YOUR NAMES AND SIGNATURE.
Attached:
i. Annex A : Covering letter & naturalisation refusal letters
ii. Annex B: SAR’s GCID – Case Record Sheet on the summary also obtained from home office Subject Access Request Ref ….. dated …..November 2015 also have it on record that subsequent applications to be refused before ../07/17. See Page 7 0f 8 & Page 8 0f 8.
iii. Annex C: Letter of support from Mr ………
iv. Annex D: Home office’s response under FOI to query and clarification of Section 9.5 Illegal Entry, of Chapter 18, Annex D – Good Character requirement. Dated 4th January 2016
v. Annex E: copy of response to Annex 1 form sent to home office ..Dec 2017
