Refused Citizenship Application - ILR post residency requirement

[GoldenRose]

Hi All,
I have just received an email from the HO Atlas informing me the outcome of my son's citizenship application. Unfortunately the application was refused because my son hasn't fullfiled the residency requirement. My son is now 19y and has special needs. He entered the UK in October 2018 as dependent and received his ILR in January 2024. An application for citizenship was made in February when he was 18 y and 10months. I became British last year and therefore thought that the 1 year post ILR residency is not valid in his case especially his siblings applications (below 18y)were successful.
Can we send a reconsideration form to the HO asking if they can look at the case again? If not can we ask the HO to reconsider this application when the right time comes (Jan 2025) hence the fees are not lost.
Does the spouse need to stay 1 year after getting the ILR also to apply for citizenship?

Thank you for your support

[alterhase58]

On first reading:

1. Son applied as an adult (19) and needed to comply, at the date of application, with all naturalisation requirements.
2. Naturalisation applicants are assessed individually, whether they are children or adults. So what went on under immigration before had no bearing on his case.
3. Reconsideration will only deal with errors in the application of nationality law - so doubtful there is a case. Unfortunately the application fee is lost, UKVI won't hold over the application as pending.
4. Which spouse? If you mean a spouse of a British citizen? Under the rules a spouse can apply immediately after receiving ILR. Not sure what you are suggesting.

I think this was explained to you in detail previously. Other members will further comment I'm sure.

[GoldenRose]

Thank you so much for your prompt response. Yes, I meant a wife of someone who became British citizen. She received the ILR in September 2023 and she has an appointment for Biometric for her BC application next week i. e. She didn't stay the 12 month period after the ILR.
Would this be okay for her application?
Thanks

[CR001]

Thank you so much for your prompt response. Yes, I meant a wife of someone who became British citizen. She received the ILR in September 2023 and she has an appointment for Biometric for her BC application next week i. e. She didn't stay the 12 month period after the ILR.
Would this be okay for her application?
Thanks

A spouse of a British citizen does NOT have to wait 12 months on ILR, provided they meet the 3 year residence and physically presence 3 years ago required.

This however does not apply to the child who is over 18.

[GoldenRose]

Thanks CR001 for your input, really appreciate it.
One more question if you don't mind, do you think there is no point to send a request for reconsideration of the refused application please?
Thanks

[CR001]

One more question if you don't mind, do you think there is no point to send a request for reconsideration of the refused application please?

No, it will not be reconsidered as UKVI have not made a mistake or error. The mistake/error is yours alone. He simply doesn't qualify for Citizenship until he has held ILR for 12 months. Regardless of his medical challenges, he is considered an adult under nationality law and must meet the requirements regardless if either or both parents are British.

You will have to apply and pay the fees again when he qualifies.

[GoldenRose]

Many thanks for your efforts in helping and guiding us.
Regards