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Refused naturalisation application

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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ndiri74
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Posts: 5
Joined: Tue Mar 28, 2017 11:57 am

Refused naturalisation application

Post by ndiri74 » Fri Oct 26, 2018 1:16 pm

Hi I have a question regarding reapplication for naturalisation after refusal.

My story in brief:-
I came to UK in 2004 as a visitor and sadly became an over-stayer. I then applied to regularise my stay in April 2009. I was granted DL for 3yrs on 13 Aug 2009 then applied for further leave to remain in August 2012 (in time). Unfortunately it took HO 3&1/2yrs to respond to my application and they granted me a further 3yrs DL in Feb 2015 (until Feb 2018). However through this forum I discovered that I could apply for my ILR immediately since my 6year qualifying period had lapsed, so I applied for ILR on 13 May 2017 and this was approved. I applied for naturalisation a year later 23May 2018. Unfortunately I got a refusal letter yesterday on the grounds of “good character” that I had been an over-stayer in part of the 10year period i.e. from May 2008 to Aug 2009 (when I was granted DL). Fair point ( I had hoped they would exercise discretion but fair enough). They also stated that I had worked illegally from November 2009? I had DL and the right to work from 13Aug 2009 so I don’t understand this statement and I am even more confused by the statement that followed: “Any application you make prior to 13 Aug 2022 is likely to be refused”

My understanding of the good character criteria is that and I quote from the guidance notes “ 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”.

So I have 3 questions

1. My first question is really around the date that the 10year period starts: - Is its
A. Aug 2004 when I first came to the UK
B. April 2009 when Home office first became aware of me or
C. Aug 2009 when I was granted DL?

2. My second question is regarding why they state I worked illegally during the time I had DL? Can I get them to clarify this point …It would seem as though they don’t have accurate records??

3. I am really confused why they said Aug 2022. Can I write to them and ask the below without paying the reconsideration fee of £372?
-If they can clarify the reference to illegal working during valid DL and
-why any application before Aug 2022 would be refused - why I can’t apply e.g. in Aug 2019 when 10yrs is complete since grant of DL?

Its long but I wanted to give as much information as possible s

Thank you.

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: Refused naturalisation application

Post by vinny » Fri Oct 26, 2018 3:02 pm

If the DL didn’t restrict you, in writing, from working, then I think you could work.

Moreover, Discretionay leave
4.3 Recourse to public funds, work and study
Those granted DL have recourse to public funds and no prohibition on work....
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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osoronga
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Joined: Mon May 14, 2018 5:50 pm
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Nigeria

Re: Refused naturalisation application

Post by osoronga » Fri Oct 26, 2018 11:40 pm

Did you declare in your application that you overstayed or they found you out?

ndiri74
Newly Registered
Posts: 5
Joined: Tue Mar 28, 2017 11:57 am

Re: Refused naturalisation application

Post by ndiri74 » Sat Oct 27, 2018 8:20 pm

osoronga wrote:
Fri Oct 26, 2018 11:40 pm
Did you declare in your application that you overstayed or they found you out?
I declared it ..

koffi0909
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Joined: Wed Oct 17, 2018 2:35 pm
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United Kingdom

Re: Refused naturalisation application

Post by koffi0909 » Sat Oct 27, 2018 9:17 pm

i advise you apply for reconsideration and explain every details on a cover letter. you have a very good chance for approval.
unfortunately, you are still liable to pay for reconsideration even though it was the HO mistake on the dates.

ndiri74
Newly Registered
Posts: 5
Joined: Tue Mar 28, 2017 11:57 am

Re: Refused naturalisation application

Post by ndiri74 » Sat Oct 27, 2018 9:54 pm

koffi0909 wrote:
Sat Oct 27, 2018 9:17 pm
i advise you apply for reconsideration and explain every details on a cover letter. you have a very good chance for approval.
unfortunately, you are still liable to pay for reconsideration even though it was the HO mistake on the dates.
Thank you

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