Naturalization refused due to no fault of my own

[tot]

Hello everyone,

1. Left UK for a contract Job to NZ whilst application decision was in progress.

2. Had discussed my situation with Citizenship support team twice on call(I have the call recordings) and was assured that should be good and they can sent over the passports and ceremony can be arranged in NZ.

3. Before leaving UK we called up Citizenship and Support office and we were assured that ceremony can be arranged in New Zealand UK consulate and passports can be sent over so I should be good to accept the 6-7 month job offer in NZ, whilst awaiting our application decision.

4. We also sent an email informing our situation but we did not have any feedback until almost 2 months.
After me and my family reached New Zealand we are being informed that the above cannot be done so we were asked to provide a return date when ceremony can be arranged back in UK.

5. We gave a return date.

6. Weirdly enough we received red passports in next few days.

7. Upon notifying them - we are being informed that Passports were sent out due to an 'Error' and our 'future intentions' are being alleged in doubt. So our Citizenship is being cancelled which was earlier approved. It appears to have been disapproved based on the information that we ourselves provided to Home Office in order to ensure keeping Home Office informed with our situation at every change in our circumstances.

Any insights will be helpful please!

Kind regards,

[shinebright]

It appears to have gone wrong, you could have left it and take time off to come for your ceremony, it is going to be hard to convince the HO about future intentions, you probably have to return into the country and then follow it up with the proof of short term contracts and all, it is weird HMPO would send out passports without receiving the go ahead after ceremony and yet there are people who have done ceremony and wait ages to get passports due to HMPOnot being notified.
Well HO works in mysterious ways.

[bruteforce]

Have you actually received notification from HO that your nationality is being revoked or is it from HMPO that they are doubting your future intentions to live in the U.K.? In both cases, you will need to provide supporting evidence that you do intend to make UK your home. There is a quite similar post on this forum where passport office have refused to issue passport and are questioning future intentions of the applicant. I suggest you consult with a specialist immigration advisor.

[kirkerj]

Have you actually received notification from HO that your nationality is being revoked or is it from HMPO that they are doubting your future intentions to live in the U.K.? In both cases, you will need to provide supporting evidence that you do intend to make UK your home. There is a quite similar post on this forum where passport office have refused to issue passport and are questioning future intentions of the applicant. I suggest you consult with a specialist immigration advisor.

technically from a legal perspective the HMPO has no right to question the intention of a British citizen before issuing them a passport, this is not their role it is the HO's. The minute you become a citizen legally you have the right and entitlement to change your intention as to where you want to reside, just as every other British citizen enjoys the same right. So you may have intended on Wednesday to live in England forever and then the day after your ceremony decided to move to Turkey-its totally your own choice

[dilip_gem]

Did you apply for the passport without naturalisation certificate? firt passport is usually issued after conducting an identity check interview. Where did you attend the interview?

[CR001]

Did you apply for the passport without naturalisation certificate? firt passport is usually issued after conducting an identity check interview. Where did you attend the interview?

No interview is conducted if a person applies for British Citizenship using the JCAP scheme (joint citizenship and passport) through NCS.

[dilip_gem]

Looks like the passports were sent erroneously then.. They can not issue a passport without citizenship ceremony.

[shinebright]

By the looks of it, passports were sent without ceremony, this is strange, could be HMPO is trying to cover their backs for their error.

[tot]

It appears to have gone wrong, you could have left it and take time off to come for your ceremony, it is going to be hard to convince the HO about future intentions, you probably have to return into the country and then follow it up with the proof of short term contracts and all, it is weird HMPO would send out passports without receiving the go ahead after ceremony and yet there are people who have done ceremony and wait ages to get passports due to HMPOnot being notified.
Well HO works in mysterious ways.

Yes we replied them with all the evidences of we having UK as our 1st home :

1. We left UK only for jon as had been unfairly dismissed frim previous job without lawful notice period. So had to take up a overseas job as nothing was available...attached emails exchanged with Union and ACAS.

2. Had overseas contract only for 7 months and have secured back a contract job back in uk from feb. attached uk contract letter.

3. Before leaving uk had requested my littleones school in writing to reserve her place in school if possible and they have kept her place vacant....attached that letter as well and details of school to verify this.

4. House purchase proofs and leaving it vacant without renting it...as we always inteded to come back as soon as Uk job was acquired which we have now.

5. Last but not the least had called Citizenship support team twice and informed them with our circumstance before taking up an overseas contract mentioning our job circumstance and they assured on call that should be good in my situation. Have attached the call recordings to them as well.

All of the above we attached in an email as reply to Citizenship case worker...as all if this is causing my family serious stressed situation. I took them with me only because after their on call assurance I was expecting things to go smoothly. But all the information provided earlier is being falsed now. I also attached the call recordings in that email to them so they can hear all the assurances provided
to us on 2 separate occasion by 2 different on call officers.

[tot]

Did you apply for the passport without naturalisation certificate? firt passport is usually issued after conducting an identity check interview. Where did you attend the interview?

No interview is conducted if a person applies for British Citizenship using the JCAP scheme (joint citizenship and passport) through NCS.

Yes correct we applied via NCS with JCAP services.
We have written them with all the evidences(please read my previous post) of we assuring Uk as our first home which it is indeed.

[tot]

Have you actually received notification from HO that your nationality is being revoked or is it from HMPO that they are doubting your future intentions to live in the U.K.? In both cases, you will need to provide supporting evidence that you do intend to make UK your home. There is a quite similar post on this forum where passport office have refused to issue passport and are questioning future intentions of the applicant. I suggest you consult with a specialist immigration advisor.

Yes we wrote them that what they allege our future intentions to be are completely false. We can prove that we always intended to live in UK and which is a fact...We send them with all the documentary evidences in an attachment which clearly proves that we always intended to live in UK (and also that I have already secured a job back and are planning to come back in Feb 2018) however due to an adverse job circumstance I had to accept an overseas job offer and had asked them twice before making the decision of fly with family. Haven't heard back from case worker or Citizenship Support more than a month now. To be honest I see this as completely unprofessional on their part. They have got no right to harress a customer thus way by providing wrong information initially and they charge a lot for the application btw. Correct me if wrong please!

[mulderpf]

One of the requirements when you apply for British citizenship is that you will continue to live in the UK. You clearly did not continue to live in the UK.

Looking for a job in New Zealand and moving your entire family over there doesn't sound like you want to continue living in the UK.

[kirkerj]

One of the requirements when you apply for British citizenship is that you will continue to live in the UK. You clearly did not continue to live in the UK.

Looking for a job in New Zealand and moving your entire family over there doesn't sound like you want to continue living in the UK.

You only have to have that intention up to the second you become a citizen. The minute after you have had the ceremony that intention can change

[CR001]

One of the requirements when you apply for British citizenship is that you will continue to live in the UK. You clearly did not continue to live in the UK.

Looking for a job in New Zealand and moving your entire family over there doesn't sound like you want to continue living in the UK.

You only have to have that intention up to the second you become a citizen. The minute after you have had the ceremony that intention can change

Yes, but in the OPs case, he was not yet British and had informed HO while the application was still in process and before even getting approval.

[kirkerj]

One of the requirements when you apply for British citizenship is that you will continue to live in the UK. You clearly did not continue to live in the UK.

Looking for a job in New Zealand and moving your entire family over there doesn't sound like you want to continue living in the UK.

You only have to have that intention up to the second you become a citizen. The minute after you have had the ceremony that intention can change

Yes, but in the OPs case, he was not yet British and had informed HO while the application was still in process and before even getting approval.

Well that's another story, but now looking above it seems he told them! Mind you the call centre staff say they cannot offer advice so I would have requested something in writing approving my actions.

[ariskar]

One of the requirements when you apply for British citizenship is that you will continue to live in the UK. You clearly did not continue to live in the UK.

Looking for a job in New Zealand and moving your entire family over there doesn't sound like you want to continue living in the UK.

You only have to have that intention up to the second you become a citizen. The minute after you have had the ceremony that intention can change

Yes, but in the OPs case, he was not yet British and had informed HO while the application was still in process and before even getting approval.

You need to have that intention at the moment of your application not while the application is being considered. Once you sign the naturalisation form AN, you confirm that you intend at that specific moment and date your intent is to remain in the UK. Whether that changes one day or one year later, before or after decision, should not matter. A judicial review would give right to the OP and place the burden of proof would be with the HO to provide evidence of different intent BEFORE or ON the application date.

A judicial review by the relevant court would most likely order redress for the OP and call it foul play by the HO, if it fails to prove the aforementioned with evidence dating till the application date.

Intent, as well as residency requirements count with a cut-off date, the date of the application being submitted, hence any statements and declarations can only be valid till that date. It is obvious that any impartial judicial review would validate this.

[tot]

Hi there,

I'm waiting for a feedback on our NR form for myself and spouse. We got £321 deducted for each Form and have not heard back its been about 20weeks. We have received the documents back though. I called them today and the bloke on phone tells me no specified time to respond on reconsideration form process. When I ask any email id that I could query the status all of a sudden he gets furious and very rudely tells "Take a paper and a lovely pen and start by writing a letter to UKIV...". ..process of how to write a letter using paper and pen! Just drove me

Any one here could share if they received any feedback for their form?

BTW do you know if there are any UK law protects rights of person who pays for a service? I was just searching if there's any that protects consumer rights for chargeable services within reasonable timescale. Something like

I made this above matter from citizensadvice.org.uk
I understand this can piss the caseworkers off and due to the directional benefit they can give a negative decision. But is there any way out than simply waiting for years...without knowing whats happening?

I thought once they charge you that's when they assign a case worker on that case that the payment was taken for. As they mention in the Form that time may vary as per individual cases based on enquries they have to make. For our case I think maximum 3 months would have been sufficient to make all the relevant enquires.

Anyway just wanted to know as when you've paid about 650 quid not just for any lame service.

Any thoughts appreciated!
cheers

[CR001]

Posts Merged (Click)

[CR001]

Applying for citizenship or reconsideration does not come under consumer law, so your letter 'demanding' they process your request in 28 days is likely to be ignored.

Their is no published service standard for completion of these requests, regardless of your thoughts on max of 3 months.

https://www.whatdotheyknow.com/request/ ... 5.pdf.html

[Backer]

Isn't the OP and family supposed to return now to the UK anyway as 6-7 months had passed?

[silverchloride]

Hello everyone,

1. Left UK for a contract Job to NZ whilst application decision was in progress.

2. Had discussed my situation with Citizenship support team twice on call(I have the call recordings) and was assured that should be good and they can sent over the passports and ceremony can be arranged in NZ.

3. Before leaving UK we called up Citizenship and Support office and we were assured that ceremony can be arranged in New Zealand UK consulate and passports can be sent over so I should be good to accept the 6-7 month job offer in NZ, whilst awaiting our application decision.

4. We also sent an email informing our situation but we did not have any feedback until almost 2 months.
After me and my family reached New Zealand we are being informed that the above cannot be done so we were asked to provide a return date when ceremony can be arranged back in UK.

5. We gave a return date.

6. Weirdly enough we received red passports in next few days.

7. Upon notifying them - we are being informed that Passports were sent out due to an 'Error' and our 'future intentions' are being alleged in doubt. So our Citizenship is being cancelled which was earlier approved. It appears to have been disapproved based on the information that we ourselves provided to Home Office in order to ensure keeping Home Office informed with our situation at every change in our circumstances.

Any insights will be helpful please!

Kind regards,

Apologies if I missed it but did you get your passports without attending a ceremony? Or without receiving the actual approval letter?

[tot]

Yes we did get passports sent over before booking any oath ceremony. We had an approval letter sent, however after we updated them on dates of our return travel from NZ they disapproved our approval reasoning 'future intentions' in doubt.

Again yes so we had approval, then we're sent out passports without oath ceremony...and then approval was reversed to disapproval. And we're asked to sent back the passports to passport office.

Thanks

[tot]

Update :

So the good news is we have had decision reversed, i.e approved now!

Yes we did come back to UK (my wife and family in 4.5 months and myself in just below 6mths).

We had submitted with all the reasons as mentioned above and the pendrive containing the call recording of the officer that mislead us to fly abroad. We were sent out a letter about a month back reading the application is in process and decision is not yet reached however we have to submit fresh passport application form(no fees and counter sign required). Again the passport app forms they sent us with the letter had already filled with some other applicants names and details.

So we got new fresh applications form passport from postoffice filled and sent it back with correct details.

We have now received an invitation for both of us. We've booked one for next month.

We paid £321+321= £642 for both of us for NR fees. However we received a cheque back about £450ish. The form mentions refund will be less ceremony fees. So does that mean we have non-group ceremony arranged by them(for the money we received less)?

Thanks