British Naturalisation application refused !

[brkkis]

Hi, Did any one receive a reply once you re-applied please? My wife's application was refused stating that they have not heard back from us. But, we have not received any letter from home office and we have re-applied with £321 fees. It has been 2 weeks since we applied and have not heard back. The first application was posted in Dec 2017. If anyone has received a reply, can you please post a reply? Thanks

[CR001]

You have asked for a reconsideration of the refused application, not reapplied. There is no set timeframe for HO to complete these reconsideration application requests, it could take many months.

What does HO claim that they requested from your wife in writing??

What is your wife's immigration history etc?

Your post has been split into its own topic.

[brkkis]

Apologies, i was posting my question to one of the Topic in the forum, but the forum was locked. Hence my question was posted like a new Topic. Below is the full background.

My wife applied for Naturalisation in Dec 2017. She has ILR from past 7 years, no offences, no gaps in terms of tax etc. Her application was clean. We received a rejection from HO stating the lack of Good character. They mentioned that in Feb 2018, they sent a letter asking for more information on driving penalty points. But, we did not receive any communication from HO in Feb 2018, we were monitoring the post very carefully and we are 100% confident that we did not receive any letters in this regard. So, we applied for reconsideration stating that we have not received any communication from HO and attached evidence that there are no driving points from DVLA web site.

So, will this be considered as a reconsideration application?
Should we be consulting immigration lawyer?
As we have not received any communication from HO contrary to claim, is there any further documentation that we can provide HO?
I have seen in other Topics that in most cases the processing time lines for reconsideration are up to 4 weeks. Is this still the case?

Any help or advice is greatly appreciated. Thanks

[CR001]

So, will this be considered as a reconsideration application?

Yes, as that is what you paid for and presumably you completed the form NR.

Should we be consulting immigration lawyer?

Not necessary.

As we have not received any communication from HO contrary to claim, is there any further documentation that we can provide HO?

They should write if they need further evidence.

I have seen in other Topics that in most cases the processing time lines for reconsideration are up to 4 weeks. Is this still the case?

In which topics?? Reconsideration of citizenship applications rarely take 4 weeks. Not sure if you are confusing the AR process with reconsideration, they are different.

Did HO not perhaps email you and it went into a junk or spam folder??

Also, you haven't moved house since applying so address would still be the same??

[brkkis]

So, will this be considered as a reconsideration application?

Yes, as that is what you paid for and presumably you completed the form NR.
03AprUpdate - We submitted NR with the fees and I can confirm HO deduced the fees on 23 Mar 2018

Should we be consulting immigration lawyer?

Not necessary.
03AprUpdate - Thanks

As we have not received any communication from HO contrary to claim, is there any further documentation that we can provide HO?

They should write if they need further evidence.
03AprUpdate - Thanks

I have seen in other Topics that in most cases the processing time lines for reconsideration are up to 4 weeks. Is this still the case?

In which topics?? Reconsideration of citizenship applications rarely take 4 weeks. Not sure if you are confusing the AR process with reconsideration, they are different.
03AprUpdate - OK. How long is the NR process please?

Did HO not perhaps email you and it went into a junk or spam folder??
03AprUpdate - HO confirmed they have sent a written letter. But, we have not received any.

Also, you haven't moved house since applying so address would still be the same??
03AprUpdate - No, we have not moved house. Same address

[CR001]

I have seen in other Topics that in most cases the processing time lines for reconsideration are up to 4 weeks. Is this still the case?

In which topics?? Reconsideration of citizenship applications rarely take 4 weeks. Not sure if you are confusing the AR process with reconsideration, they are different.
03AprUpdate - OK. How long is the NR process please?

Did HO not perhaps email you and it went into a junk or spam folder??
03AprUpdate - HO confirmed they have sent a written letter. But, we have not received any.

Also, you haven't moved house since applying so address would still be the same??
03AprUpdate - No, we have not moved house. Same address

NR can take as long as HO needs. There is no set timeframe to complete these applications.

[Obie]

He who assert must prove. That principle is sound in law. If the Home Office says they wrote to you, they must provide evidence that they did so, or tried to contact you by all necessary communication means. If they fail to do so, then such refusal will not stand judicial scrutiny.

I am sick and tired of UKVI saying we sent letter to an applicant but cannot prove it, and they have to pay ridiculous money for this stupid NR form.

When biometric is sent to an applicant but they never enrolled, the second letter is sent by recorded and kept on file, why cant the same be done for naturalisation.

I am 100% certain that is this went to court the first question a judge will ask is evidence that Home Office indeed post the request for documentation.

[brkkis]

He who assert must prove. That principle is sound in law. If the Home Office says they wrote to you, they must provide evidence that they did so, or tried to contact you by all necessary communication means. If they fail to do so, then such refusal will not stand judicial scrutiny.

I am sick and tired of UKVI saying we sent letter to an applicant but cannot prove it, and they have to pay ridiculous money for this stupid NR form.

When biometric is sent to an applicant but they never enrolled, the second letter is sent by recorded and kept on file, why cant the same be done for naturalisation.

I am 100% certain that is this went to court the first question a judge will ask is evidence that Home Office indeed post the request for documentation.

Thank you for response, Obie.

I am worried about the duration of NR application processing times. In some forums, i have seen it took 12 months. Is there anyway i can request the status? The HO did not return the Original BRP card submitted with initial application. Any guidance is appreciated.