Unsuccessful applications

[JAYSON65]

Finally got a reply from HO. My reconsideration has been successful after an 8-month battle. I can't believe that the HO employs such a an incompetent bunch of people (caseworkers), who don't even know the definition of a conviction/ non custodial sentence. Worse, the HO provides such a bad quality training to its staff. My immigration journey is now over, at last! Thank you to everyone on here. My advice would be: if you feel the wrong decision has been made on your application, don't give up; challenge it and keep fighting. Good luck to all those awaiting a decision.

Serina

congratulations Serina! .
So happy for you! .
Regards.
Jayson65

[Warrenpfo]

Good evening I wonder if you can help.

I have just had my application for British Naturalisation declined after I applied having completed 12 months on ILR first. Below is an extract as to the reason why.

"As you where in the UK in breach of the immigration laws from 01/11/2009 to 06/09/2010 when leave to remain expired and from 08/03/2011 to 11/06/2013 when further leave to remain expired until you where granted indefinite leave to remain, this request has not been met."

Now I have been granted the opportunity to request a reconsideration of the decision and wanted your opinion.

When I applied for ILR after 10 years living in the UK it was initially denied for the following reason.

"As you had no lawful leave from 01/11/09 to 05/09/10 and from 08/03/11 to 21/02/12 therefor it is not considered for these purposes that you have accrued 10 years or more continuous lawful residence in the UK to satisfy the requirements of Paragraph 276 (1) (a) of the immigration rules."

We went to court and the judge ruled in my favour, below is the outcome.


http://s18.postimg.org/dr502yjmx/Screen ... _18_43.png


http://s18.postimg.org/t3tcaq86h/Screen ... _19_12.png


http://s18.postimg.org/rq1pff8x5/Screen ... _19_31.png

Now when I applied for naturalisation I did explain to the lady at the NCS that I had already had to have my application for ILR overturned and does she want to include my paperwork to prove this? She called direct and was told no problem they would have all the info on there system....

Well from what i can see they had denied me naturalisation for the same reason i was denied ILR and a judge has ruled they where incorrect to have denied me ILR so the precedent has been set.

Those brighter and more in the no please do advise.

Many thanks in advance

p.s i cant seem to make the images larger so have included links below.

[zabizabi]

[quote="Warrenpfo"]Good evening I wonder if you can help.

I have just had my application for British Naturalisation declined after I applied having completed 12 months on ILR first. Below is an extract as to the reason why.

"As you where in the UK in breach of the immigration laws from 01/11/2009 to 06/09/2010 when leave to remain expired and from 08/03/2011 to 11/06/2013 when further leave to remain expired until you where granted indefinite leave to remain, this request has not been met."

Now I have been granted the opportunity to request a reconsideration of the decision and wanted your opinion.

When I applied for ILR after 10 years living in the UK it was initially denied for the following reason.

Send all your details for reconsideration including your personal statement and explain why you think its unfair decision .Hopefully you will win it.Anyway if it doesn't come in your favour, Contact the same solicitor for advice.

[zabizabi]

[quote="kwaks"]I need some advise here if anybody can help me please. My application has been refused on the basis that I had a traffic conviction in january 2014. So the story is I had got a court order for exceeding speed limit in june 2013. The police said they sent me a fixed penalty notice and fine which I honestly did not receive. So the first letter I received was the court letter. I spoke to them about it in December 2013 and was advised that it had already been to court so best option is accept the charge and pay the penalty fee which i did. I have got police confirmation of my phone calls. I have done numerous voluntary work and

Have you mentioned it in your application ?

[zabizabi]

[quote="Warrenpfo"]Good evening I wonder if you can help.

I have just had my application for British Naturalisation declined after I applied having completed 12 months on ILR first. Below is an extract as to the reason why.

"As you where in the UK in breach of the immigration laws from 01/11/2009 to 06/09/2010 when leave to remain expired and from 08/03/2011 to 11/06/2013 when further leave to remain expired until you where granted indefinite leave to remain, this request has not been met."

Now I have been granted the opportunity to request a reconsideration of the decision and wanted your opinion.

When I applied for ILR after 10 years living in the UK it was initially denied for the following reason.

"As you had no lawful leave from 01/11/09 to 05/09/10 and from 08/03/11 to 21/02/12 therefor it is not considered for these purposes that you have accrued 10 years or more continuous lawful residence in the UK to satisfy the requirements of Paragraph 276 (1) (a) of the immigration rules."

We went to court and the judge ruled in my favour, below is the outcome.


http://s18.postimg.org/dr502yjmx/Screen ... 9_18_43.pn
Your personal details are visible to everyone please delete your images,

[Warrenpfo]

Please can you take another look at the images as apart form my birthdate i think you will find there are no personal details as they have all been blanked out.

[t123456789]

I think you have a case. Paragraph 12 seems to state that you were lawfully resident the entire time, as a spouse of an EEA citizen you were free from immigration control. It looks like the HO have not updated their system to take the judgement into account.

You probably should consult a solicitor to write it in a more legal way and include the judgement when you ask for reconsideration.

[secret.simon]

@Warrenpfo

The judgment clearly states that as the spouse of an EEA citizen, you were not in breach of immigration rules and I think you have a case to request the Home Office to reconsider the decision.

Do be aware though that the good character requirement has been tightened up significantly since December 2014. The law only states that the Secretary of State must be convinced that the applicant is of good character. The definition of good character has been left to the Secretary of State and can vary from time to time. To the best of my knowledge (as a non-lawyer and with no legal training), as the definition of good character has been left to the Secretary of State, that is not something the courts can look into.

However, given that the rejection letter has clearly got its facts (that you were in breach of immigration rules) wrong, you should be able to ask for an appeal and if need by, for a judicial review.

[Warrenpfo]

Thanks all, I sent an email to the lawyer who sorted out my ILR issues and he has agreed to represent me this morning. I will update once he has had a look at the paperwork and gives me his opinion. Yet another chicken up I hope form there side but at my expense yet again.

Fingers crossed.

[depress]

@Warrenpfo


you got married in 25/01/08

The 10 years judgment is for being married to an eu citizen which gave you right to be in the uk from 25/01/08 not to be deported.

did you apply for eea4 in 2013?

if not you have to apply for eea4, you don't have to.

In your application did you include your wife work history for 5 years if you didn't apply for eea4.

It seems like, the home office counted your 10 years residence which you are not qualify as there are grasp in the 10 years history.

Either you £80 reconsideration and include your wife 5 years working history or make a new application for another application this time include a letter that you are applying on the basis of your marriage.

all the best

[depress]

Either you pay £80 for reconsideration and include your wife 5 years working history or make a new application for another application this time include a letter that you are applying on the basis of your marriage.

[Warrenpfo]

Thanks all, my lawyer has advised that we have good grounds for reconsideration and so we have put a letter together with supporting documentation.

What is unclear is to whom I make the cheque out too and where to post it.

The letter declining me comes from Department 72, UKVI, The capital Building, Liverpool etc so do i just reply to it or do i sent it too Department 1 for applications?

Any assistance would be great.

Thanks

[weeman1978]

Thanks all, my lawyer has advised that we have good grounds for reconsideration and so we have put a letter together with supporting documentation.

What is unclear is to whom I make the cheque out too and where to post it.

The letter declining me comes from Department 72, UKVI, The capital Building, Liverpool etc so do i just reply to it or do i sent it too Department 1 for applications?

Any assistance would be great.

Thanks

Hello mate,
Im not an expert but i think the £80 reconsideration fee is already included in the £906 naturalization fee. So you dont have to pay anything at all.
Best of luck.

[akhurshid]

Thanks all, my lawyer has advised that we have good grounds for reconsideration and so we have put a letter together with supporting documentation.

What is unclear is to whom I make the cheque out too and where to post it.

The letter declining me comes from Department 72, UKVI, The capital Building, Liverpool etc so do i just reply to it or do i sent it too Department 1 for applications?

Any assistance would be great.

Thanks

I believe they send you a refund for the citizenship ceremony. Its the same amount as reconsideration fee. You'll need to pay that(not sure how) and if your reconsideration is successful, that amount will go towards your ceremony.

[Warrenpfo]

Right, for those who may need this info in the future the address is:

Department 1
UKVI
The Capital
New Hall Place
Liverpool
L3 9PP

And you need to print off the last page of the naturalisation application which has payment details be that cheque or direct debit etc.

So now we wait. Fingers crossed it does not take too long

[novak58]

Hello everyone
I am new to this website but I had exhausted all my ideas of what to do with the refusal for naturalisation as BC hence my post.

I applied for BC in January 2014. I was refused BC beginning of May 2014.
When I applied for it I based it on the grounds of being full time student, part time worker during studies and full time worker after university. I was questioned few times by caseworker about my comprehensive medical insurance during studies as this would enable them apparently to accept the application. Then I sent the explanation letter to the caseworker advising I have not had one as prior to my studies I had a status of a migrant worker and was continuously in employment however was able to produce all the payslips as first of all it was outside of that 5year period, second of all I could not get back to employer for any confirmation letters as the company closed down the business in february 2010, so I was left with few payslips from end of year 2009 and January 2010. I also had a problem with my employer as I never received my last payslip nor p45 nor my last pay. so couldn't really go back to anyone who could produce copies to me. Then I was refused BC on the grounds I have not been exercising my treaty right for continuous period of 5 years as I do not meet the requirements at note 6 of leaflet BN7.
Then I requested an explanation to the above and received a refusal explanation letter stating that I cannot provide the evidence of my 12 month period since I applied for WRS in Feb 2007. 

When I had that letter through the door I felt like there is no justice at all. However I thought I am not gonna give up so decided to try to find my employers private address to get the confirmation letter off him to confirm I was employed since feb2007 until they closed down which was in feb 2010. After months of struggles (it took me around 8 months) I finally received a confirmation letter form my previous employer - it is not on headed paper though as the company resolved back in 2010.

My question is now would this letter be enough to apply for reconsideration? Do you think I should have some other evidence as well, if so what kind of evidence? 
Also anyone know why I was asked to provide comprehensive medical insurance if I was a full time student and continuously employed throughout my residency period in the uk (when i was in uni my status for any financial help was a migrant worker as prior to uni i was employed full time)?
also in respect of the medical insurance - why could I just use NHS treatment during my residency in the Uk without anyone questioning it at the time but then HO requesting something that was never brought to my attention ever before in any other setting?

 Do you think I should use a solicitor’s help in writing the request for review?

Any help and suggestions would be appreciated much.

Thanks

[Warrenpfo]

Sorry to hear your news.

My understanding is that you only have 3 months from the decision date to then request a re-decision so you may well have missed the cut off point and so a new application might be in order.

I can't comment on your case as i am no expert but would recommend using a lawyer to help compile your application if it is not straightforward.

All the best.

[novak58]

What do you mean that I missed out on the cut off point? When I asked if there is any deadline for reconsideration a review I was told by the caseworked/adviser that there is no usch limit? Am I missing out on some information I should know?
Also where can I find a reliable legal help, please?

Thanks

[Serina26]

What do you mean that I missed out on the cut off point? When I asked if there is any deadline for reconsideration a review I was told by the caseworked/adviser that there is no usch limit? Am I missing out on some information I should know?
Also where can I find a reliable legal help, please?

Thanks

https://www.gov.uk/find-an-immigration- ... an-adviser

[depress]

on what basis did you apply for indefinite leave to remain?

[Serina26]

Sorry to hear your news.

My understanding is that you only have 3 months from the decision date to then request a re-decision so you may well have missed the cut off point and so a new application might be in order.

I can't comment on your case as i am no expert but would recommend using a lawyer to help compile your application if it is not straightforward.

All the best.

It's called a reconsideration.

[novak58]

on what basis did you apply for indefinite leave to remain?

I'm an EU national so didn't have to apply for indefinite leave to remain

[Serina26]

on what basis did you apply for indefinite leave to remain?

I'm an EU national so didn't have to apply for indefinite leave to remain

You need to apply for PR (Permanent Residency) as I did. When you get that then you can apply for citizenship.

[depress]

its normal that they ask you for comprehensive medical insurance because you are a student.

(other evidence as well) you can ask HMRC for your conformation of tax that the companies you worked with have paid during your qualifying period. (5 years)

[kagas]

Hi guys

Am very new to his Board forum thing but i just need you help and advise.

In April 2014 the home office rejected my application for British Citizenship on grounds that i was not of good Character.
To make the long story short in 01/07/2008 i got custodial sentence for 26 weeks for driving without insurance and Mot which i served fully

So when i applied for Citizenship in March 2014 i knew i had served my time and was free from any circumstances for refusal.
In the reply of the refusal letter from Home Office it started that " i was open to re-apply any time but not application made before
01/01/16 is unlikely to suceed." So from doing my accountability of the seven years waiting period i thought i should be able to apply after 01/07/2015?

So in January this year i wrote to UKBA asking for clarity of the dates when i should be able to re-apply again for my citizenship.
All got back a couple of days go was brown Envelope with letter asking me to pay £80 and reconsideration form to fill in for review of my decision for refusal of British Citizenship.

Guys, to be honest i am confused of what to do. Should i fill in this form and Pay the £80 pounds for review despite the fact that all wanted to know was how soon or when i can apply for citizenship? also how likely is that that my reconsideration is going to be successful? Also have UKBA got the dates wrong for when i should apply for this citizenship?

Help.....any Help will be highly appreciated as this is my second time applying and being refused.

kind regards

kagas