British Naturalisation application refused !

[Paulke]

Hi I need some help .
My AN application have been refused today.

I have claimed asylum in 2003, been refused.
In 2007 I have applied for residence card under European law because my wife is from Poland .
Residence card issued in 2009.
In 2007 when I apply as a fammily member i have recieved letter clearly saying that sure person can work or open business when you application is under consideration.
I have use this letter to apply my NI number wchich have been issued at the time .
To get my job which have been approve by my employer at the time .
I m surprise for a refused .

Please i need you help.
Who to write a letter for reconsideration i believe decisions is wrong.
Need help please

[vinny]

Application for review when British citizenship is refused: form NR.

It’s difficult to comment on the appropriateness of the refusal, if the reason for the refusal is not known.

[Ifycamilla]

To get a good advice, you need to be precise.. reason for refusal, month of residency etc

[Johnnyboy007]

Hi I need some help .
My AN application have been refused today.

I have claimed asylum in 2003, been refused.
In 2007 I have applied for residence card under European law because my wife is from Poland .
Residence card issued in 2009.
In 2007 when I apply as a fammily member i have recieved letter clearly saying that sure person can work or open business when you application is under consideration.
I have use this letter to apply my NI number wchich have been issued at the time .
To get my job which have been approve by my employer at the time .
I m surprise for a refused .

Please i need you help.
Who to write a letter for reconsideration i believe decisions is wrong.
Need help please

With what I can understand your message is, You decided to stay in the country when your asylum claim was refused right and that was 2003 - 2007 ? 4 years in total.

[nidaulhaque]

Please share the wording of refusel
Did they mentioned that you been working before they issued you residence card?
As long as you applied residence card you allow to work legally they are totally wrong on this matter

[Paulke]

Sorry for a late response I was under s lot of stress.
This are a refused letter .

Reasons for Decision
Your application has been refused for the following reason(s):
1 refer to your application for naturalisation as a British citizen. One of the requirements for
,Good character is not defined in the British
citizenship is that the applicant is of good characte
Nationality Act 1981 bur the applicant is expected to have shown duc regnd for the laws of this
y. Where an applicant has not been compliar nt with ys in the ten year
period prior to the date of an application the application will mally be refused. This would
include where an applicant has been working in the UK without permissi
This is explained in Booklet AN which accompanies the application form for naturalisation and
in tlhe Home Office staff instructions published on GOV.UK
You were in the United Kingdom withour valid leave between 22/04/04 when your asylurm
appeal rights exhausted until 15/5/09 when you were ganted a residence card. You were not
therefore compliant with UK Im ration laws during this period.
Xou have provided documentation which clearly shows that you were working without
mission. Your application has therefore been refused.
It is open to you re-aply for citizenship at any time but an application made before 15/5/19
is unlikely to suc Before submitting a further application for citizenship, you should en
that you meet all of the requirements.
As explained in our schedule of fees, the application fee for British citizenship is not refundable
and has been retained to cover the cost of handling and pr cessing your application.
Arrangements are being made to return the sum of 80.00 whic is refunded in the case of
unsuccesst applications where an applicant is not requirs attt a zenship nony.


My reconsideration letter


Thank you for you recent letter requested to fill a NR form.
I request reconsideration of decisions to refuse British citizenship because I believe my case has not been considered sufficiently under Article 2 of Directive 2004/38/EC, transposed into Regulation of the immigration (European Economic Area) Regulation 2006.

Family menber who are not themselves EEA nationls .



Such persons may engage in employment without a work permit while their application of a Residence Card or Permanent Residence Card is under consideration. The Border and Immigration Agency anticipates that in the majority of cases this acknowledgment will be sufficient to satisfy a prospective employer regarding a person entitlement to seek employment in the United Kingdom, while the application is being considered.

The secretary of state has knowledge my residence card (Family member of EEA) was issued 15th of May 2009 but didn’t take into consideration the application was made under European rules to use her discretion to grant my British citizenship.

The secretary of state have knowledge my residence card (Family member of EEA) was issued in 15th of May 2009 but didn’t take into consideration the application was submitted 22 November 2007 and certificate of application was issued clearly mention to engage in employment without a work permit while my application of a Residence Card was under consideration and use her discretion to granted my British citizenship.







On the base of this document the National Insurance Number was issued 18th of February 2008 by (the Department of work and Pension) and all the check was run with The Border Immigration Agency accordance with the UK Immigration Law in 2008.





With the above mention information and the pieces of evidences I have put forward for your attention, is clearly showing that I was complaint with UK Immigration Law and was allow to engage in employment without a work permit while my application of a Residence Card was under consideration from 22 November 2007 and granted on the 15th of May 2009, I urge a The secretary of state to use your discretion and grant my application for citizenship.


Enclosure documents:


- Certificate of Application dated 22nd November 2007

- National Insurance Number issue on 18/02/2008

- Photocopies of my Residence Card issue 15th of May 2009.

[Obie]

When did you marry you EEA national, and when did you apply for naturalisation.

Did you apply as Extended family member or as a married couple?

Was your wife working at time of application.

[Paulke]

I was married in 2008
My wife have always been working since we are in uk .
she as been granted permanent residence in Avril 2018.
I applied as married.

I been granted residence card in 2009 and indefinitely leave to remain in 2010 under a legacy case application.

[Paulke]

I have applied my bristh citizenship on the 18 marsh 2018

[Paulke]

In my residence card is mentioned family member of EEA nationality.

[secret.simon]

I was married in 2008

When in 2008 did you get married? Was the marriage a legally recognised marriage? Did you marry in the UK or abroad?

Family menber who are not themselves EEA nationls .

Such persons may engage in employment without a work permit while their application of a Residence Card or Permanent Residence Card is under consideration. The Border and Immigration Agency anticipates that in the majority of cases this acknowledgment will be sufficient to satisfy a prospective employer regarding a person entitlement to seek employment in the United Kingdom, while the application is being considered.

The quote is correct. But you mentioned that you applied in 2007, while you married in 2008. You only become a family member of an EEA citizen after a legally recognised marriage.

You would not have had any legal residence status in the UK until either your marriage to an EEA citizen (if legally recognised marriage conducted in the UK), the date of your return to the UK after your marriage to an EEA citizen (if legally recognised marriage conducted outside the UK) or you are issued a Residence Card as the family member of an EEA citizen (if not a legally recognised marriage, such as an Islamic marriage in the UK).

The date of your naturalisation application should be on or after the 10th anniversary of the date your acquired legal residence status, as defined in the previous sentence.

[Obie]

Which month in 2008 was the marriage? Did you apply before the 10th Anniversary of your marriage.

I think that is the important question.

I think you need to send a pre action protocol.

[secret.simon]

Which month in 2008 was the marriage? Did you apply before the 10th Anniversary of your marriage.

Great minds...

[Obie]

Great minds...

Only taking a leaf of your book Simon.

[Paulke]

Our first daughter was born in August 2007 in uk and her birth certificate have been submitted when I applied for naturalisation.

We where marriage in December 2008.

[CR001]

Our first daughter was born in August 2007 in uk and her birth certificate have been submitted when I applied for naturalisation.

We where marriage in December 2008.

Your legal status then only starts from December 2008 when you married and EU citizen, if a registry marriage and not an Islamic one,and you could therefore apply again on the 10th anniversary of your wedding date.

[nidaulhaque]

But they refused his application on the basics that he was working illegally untill they issued residance card

They are totally wrong,once you apply for residance card they issue letter and give permission to work so how was he working illegally ?

[Paulke]

You right

I was a family member of an EU citizen from 2007 .
Before i made my application , we have been living together for 2years
Ours daughter was born 2007

Who is a family member of EEA

You need to apply for a residence card if you are not an EU citizen but are a family member of an EU citizen or of a citizen of Iceland, Liechtenstein, Norway or Switzerland
The following persons are considered to be family members of an EU citizen:

spouses and cohabiting partners
Persons living continuously in a marriage-like relationship in the same household, regardless of their sex, are comparable to cohabiting partners if

they have lived in the same household for at least two years or

they have a child in their joint custody or
there are other weighty reasons.
a child who is under 21 years of age or dependent on an EU citizen
The child must be under 21 years of age or dependent on an EU citizen or his/her spouse, and his/her direct descendant, for example a child or a grandchild.
dependent older relatives
A relative in a direct ascending line, for example a mother, a father or a grandparent, who is dependent on an EU citizen or his/her spouse.
his or her guardian, if the EU citizen is a minor
other relatives
Other relatives are treated as family members of EU citizens, regardless of their citizenship, if
the relative is, in the country of departure, dependent on an EU citizen who has the primary right of residence, or the relative lived in the same household with the EU citizen in question. Other relatives of an EU citizen’s spouse are not usually treated as the EU citizen’s family members.
or, serious health grounds absolutely require that the EU citizen in question must personally take care of the relative.
If you are a citizen of an EU Member State, Liechtenstein or Switzerland, you do not need a residence permit to stay in Finland.

[secret.simon]

I was a family member of an EU citizen from 2007 .
Before i made my application , we have been living together for 2years

The unmarried partner of an EEA citizen only acquires the right of a family member when s/he is recognised as such by the Home Office issuing him a Residence Card as the family member of an EEA citizen.

In other words, merely living together for two years does not give you any automatic right of residence. If you were an overstayer, your overstayer status continues until either your marriage (if legally recognised in the UK) or the date on your Residence Card (if your marriage is not recognised).

If the date of your naturalisation application was before the 10th anniversary of the regularisation of your stay, the refusal is correct and is unlikely to be overturned.

The birth certificate of your first child is irrelevant to your naturalisation application.

If you are a citizen of an EU Member State, Liechtenstein or Switzerland, you do not need a residence permit to stay in Finland.

Can you link to the website that you are quoting from?

[Paulke]

Thanks your response but why on my certificate of application that gives me right to work when my application is under consideration.
I am a bit confused.

[Paulke]

Paulke wrote: ↑Sat Jul 14, 2018 1:51 pm
Family menber who are not themselves EEA nationls .

Such persons may engage in employment without a work permit while their application of a Residence Card or Permanent Residence Card is under consideration. The Border and Immigration Agency anticipates that in the majority of cases this acknowledgment will be sufficient to satisfy a prospective employer regarding a person entitlement to seek employment in the United Kingdom, while the application is being considered.

[secret.simon]

I'll repeat again. If you were not married to the EEA citizen, you were NOT a family member of the EEA citizen until the date of your Residence Card. So stop quoting paragraphs about family members. They are not applicable to your case.

Is your marriage recognised in the UK?

[Obie]

Prior to the marriage did you make an application as an Extended family member or not.

[nidaulhaque]

After reading this I am also worried now since my case is similar but I think they made mistake by refusing application

I was on asylum and then got married with eea national (proxy marriage) on January 2008 and applied for residance card in March 2008
May 2009 Applied for certificate for approval (to register marriage here in uk) which given in in June 2009 and sent original uk marriage certificate to home office and they issued residance card in June 2009
Then applied for permanent residance card not after completing the date of 5 year from issuing residance card but after applying

On March 2013 Applied for permanent residance card which is approved on June 2013

Now after reading this case when I applied for residance card in 2008 I given permission to work and after getting national insurance I was working from June 2008 but my residance issued in 2009

So can they still say I was working illegally ?

If yes then why they given permission to work?

[CR001]

After reading this I am also worried now since my case is similar but I think they made mistake by refusing application

I was on asylum and then got married with eea national (proxy marriage) on January 2008 and applied for residance card in March 2008
May 2009 Applied for certificate for approval (to register marriage here in uk) which given in in June 2009 and sent original uk marriage certificate to home office and they issued residance card in June 2009
Then applied for permanent residance card not after completing the date of 5 year from issuing residance card but after applying

On March 2013 Applied for permanent residance card which is approved on June 2013

Now after reading this case when I applied for residance card in 2008 I given permission to work and after getting national insurance I was working from June 2008 but my residance issued in 2009

So can they still say I was working illegally ?

If yes then why they given permission to work?

Please either continue in one of your existing topics if you have one or start your own topic. It is unfair to the OP to tag your questions here and it creates Confusion when members respond.