Unsuccessful applications

[t123456789]

According to Annex D table 2.1 you have to wait 10 years from after the sentence was served. So it looks like around 01/01/2019 (or 10 years+26 weeks from 01/07/2008). They've updated the booklet as well, it was probably to do with the changes in the Good Character Requirements made in December 2014.

Edit: It would have been 01/01/2016 prior to the changes in December 2014. The ban starts after the end of your sentence.

[kagas]

Thank you t123456789,

for that information....why have they asked me to refill this reconsideration form when they know that am not going to be successful and i thought because i applied before the updated booklet then those guide lines should apply to new applicants who are applying after December 2014.

[t123456789]

Thank you t123456789,

for that information....why have they asked me to refill this reconsideration form when they know that am not going to be successful and i thought because i applied before the updated booklet then those guide lines should apply to new applicants who are applying after December 2014.

I have no idea, they probably didn't read your letter properly. Many people seem to have been caught up in the Good Character Requirements change, but it applies to any decision taken after 11 December 2014 irrespective of when your application was received. Unless someone wins a judicial review on this point it'll continue to apply.

[hamziyan88]

When you get a refusal how long after acknowledgment do you get the refusal and/or documents back?

[Julian11]

Just to add my case here.

I applied in October and was rejected this month. Since I wasn't quite sure why based on the reason on paper, the HO phoned me to explain the reason a bit more clearly, and it was because I had not provided a 6th year in the UK. I am an EU citizen, married to a Brit (and as assessed under s6(2) so they didn't miss this). Everything else, including the 5 years of EU treaty details that I provided, were all in order and accepted.

From that it became clear that a mistake was made in that being married to a Brit I don't need the extra 12 months under PR which led to my rejection. I referred to both the AN booklet and the relevant section in the nationality act in a reconsideration letter which I sent this week. I also of course mentioned that I was assessed as being married included my marriage documents with my application.

I was as polite as possible really. I understand mistakes can be made - I just hope that this one is rectified (and quickly). Despite feeling confident that all should be in order now, it's all very nerve-wracking nonetheless...you just never know and I certainly didn't expect this hitch to come up at all. Hoping for a positive answer this time -- and hopefully without a very long wait.

Considering asking my MP for help but not sure they could do much really.

[Warrenpfo]

Letter received today and I have been granted Naturalisation.

Good luck to all those still waiting and thanks for the advise.

[Julian11]

Congratulations!

Can I ask on what day you sent your reconsideration?

Hoping mine will also be ok, despite having written it by myself and not with a lawyer.

[Warrenpfo]

Sent on the 2nd of feb but my MP has been chasing for me which i am sure has helped speed things along.

[Julian11]

Great - what was the date on the document they actually sent you?

[Panete]

Hi there,

My wife and me are considering applying for naturalisation.

We have lived in the UK for over 15 years (in her case longer than that), we are both EU nationals and have worked in the country for many years and also studied here. Theoretically we meet all the criteria.

Last year my wife was made redundant and she is not back to work yet. In my case I will be made redundant at the end of March.

I have some questions related to our situation:

- If applying for it in March, technically I will be still working, will I need to inform the home office once I am made redundant or do I need to let them know as part of the application process?
- Will our work situation be a problem? I mean, none of us having permanent work despite not using benefits (excluding NHS) as we have some investments, savings and property so we can afford not to work for a while. We are considering travelling for a bit before setting up a business or moving into a new job.

We can easily find a job, however we would like to enjoy some time off as both of us won't be working at the same time without risking the naturalisation process.

Thanks for your help.

[milan69]

Employment is not a requirement.

[berksmum]

Hello, Panete, I am an EU national who was also a long term resident of the UK when I applied for naturalisation in June 2014 (over 20 years and married to a BC for 17). I am not an expert but I can share my experience.

Have you applied for a PR (permanent residency) card? If not then to naturalise I believe you will need to prove 6 years continuous residency and that you were also exercising your EEA treaty rights continuously for 6 years prior to your application. (I think its just 5 if married to a BC) The 1st part I found easy as things like bills and a letter showing I was receiving child benefit is acceptable. The treaty rights can be more challenging as it you need show evidence of being a "qualified person".

I applied via NCS and they were very helpful when I made the appoinment in explaining how to document how I was exercising EEA treaty rights. You can be EEA "qualified person" as a student, worker and/or self-employment or being self-sufficient. In my case I was working on & off in between being an "at home mum". I had payslips, P60's etc to show employment. However, as I was not working continuously they suggested providing evidence of self suffiency (ie comprehensive private health insurance) and my husband provided copies of his tax returns. Took just over 8 months for my approval.

I'm sorry I can't advise on your situation specifically but I hope this helps. You might also consider applying for a PR card which is much less expensive then waiting a year before naturalising. Hope this helps! Good luck!

[Julian11]

Payment on my reconsideration hasn't come out yet. I never got the refund from the original app (thought it might come separately), but I am not too fussed as long as it is a 'yes' this time! Hoping the payment will be taken soon. The last few reconsiderations here appear to have only taken 3 weeks to process in total (approvals, too), so all fingers crossed. My MP is also getting in touch I think, to provide support.

Really hoping for some good news soon. Am feeling excited.

[bestofall]

Julian11, I have been following your posts. Just thought I would wish you best of luck .

[Julian11]

Payment has been taken.

Not sure if I should be doing other things to try to push my case, or if this would cross the line from being polite to hassling. What is everyone's thoughts? I've sent the letter and contacted my MP, but I guess other additional options could be to:
1 - email the nationality enquiries line with a similar letter?
2 - mail a similar letter to the complaint address?
3 - mail a similar letter to the Home Secretary herself?

Or should I just leave it? Any thoughts?

Thanks.

[lake1]

Payment has been taken.

Not sure if I should be doing other things to try to push my case, or if this would cross the line from being polite to hassling. What is everyone's thoughts? I've sent the letter and contacted my MP, but I guess other additional options could be to:
1 - email the nationality enquiries line with a similar letter?
2 - mail a similar letter to the complaint address?
3 - mail a similar letter to the Home Secretary herself?

Or should I just leave it? Any thoughts?

Thanks.

I would leave them to do their job, maybe get your MP involved like you have done.

[Julian11]

Fair enough. I'll let my mp do that one phone call he said he could do (sometime next week I imagine), but other than that, I will just wait with all fingers crossed.

[navodwickra]

Hi guys,

I have applied for naturalisation on 28th of October 2013 and have received acknowledgment from HO on 9th of Jan 2014.

I called the HO yesterday to check the status of my application and was told it was still under process.

I had my schengen visa rejected by Switzerland couple of years back, I never appealed it as other things came up.

Then I applied for a visa for Italy last year and it got rejected automatically due to the fact that Switzerland had rejected me the year before. I didn't realise at the time of the first rejection that this would be the case, otherwise would have definitely appealed it.

Now my question to experienced members is that, do you think this affects badly towards my naturalisation application ?

I have had a number a of successful schengen visas application before the rejection from Switzerland, mainly for Italy and France.

I do not have any CCJs, FPNs or even been stopped by the police ever.

I would really appreciate your experienced advise on this.

Thanks in advacne,

Omi

I had my visa rejected by France in 2011 (November I guess) and then I managed to get visa for Italy in 2014 (November). However that rejection didn't matter in Citizenship application and I think it won't will for anyone because that's not one of things they consider.

[varunadas]

My wife had absences of 735 days and we applied for exemption based on my son not well and had to be out of country for medical treatment as there was a long delay at NHS. They asked for detailed medical records from overseas doctors and approved the application.

I believe that if you have sufficient grounds with valid evidence they generally consider as it is not always possible for every applicant to satisfy the 450 day qualifying criteria for absence. We did delay her application by an year after her arrival to ensure we fulfill the absences criteria in the last 12 months and used that as a basis to explain our intent to get based over here.

[Jah_bless]

Hi Friends,

Thank you for the good job all are doing here. I hope some senior members will help me.

I am due to apply for BC and thinking of booking through NCS.

In July 2013, I got FIXED PENALTY (SP50, 3 Points and £60 fine). Then in August 2014, I unfortunatly got CCJ on my name. I couldnt go to court because i was badly wounded by a dog and was too weak to anything. The police was involved, but decided not press charges to the dog owner. The judge sentence against me and got CCJ and i couldn't attend the court hearing.

I have arrange with the credit card company paying monthly instalment. Then In Feb 2015, I got a letter from the court stating

" Upon reading a letter from the Claimant, IT IS ORDERED THAT The Attachment of Earnings Application is Adjourned Generally with Liberty to Restore at the Request of Either Party".

Hmmmm, Will all this affect my citizenship application under good character? I got ILR through 10years long stay. No police or any disorder.

Any help on my case will be appreciated from all members.

Thank you

[bestmd]

Application unsuccessful on the basis that time spent on awaiting decision of extension application and appeal (12 months) is breach of qualifying resident period.

I m 100% sure they are covered under s.3c if applied in time.

How can this period is qualifying residency for ILR (10 yr long residency) but not qualifying for naturalisation ?

Where to go now Solicitor or MP ?

[waiz89k]

Application unsuccessful on the basis that time spent on awaiting decision of extension application and appeal (12 months) is breach of qualifying resident period.

I m 100% sure they are covered under s.3c if applied in time.

How can this period is qualifying residency for ILR (10 yr long residency) but not qualifying for naturalisation ?

Where to go now Solicitor or MP ?

Did u apply for ur extension before ur leave/visa expired or after?

[bestmd]

Application unsuccessful on the basis that time spent on awaiting decision of extension application and appeal (12 months) is breach of qualifying resident period.

I m 100% sure they are covered under s.3c if applied in time.

How can this period is qualifying residency for ILR (10 yr long residency) but not qualifying for naturalisation ?

Where to go now Solicitor or MP ?

Did u apply for ur extension before ur leave/visa expired or after?

Always applied in time before expiry of leave. For IlR it was ok than how can a problem for natrualisation

[cs95tdg]

Application unsuccessful on the basis that time spent on awaiting decision of extension application and appeal (12 months) is breach of qualifying resident period.

I m 100% sure they are covered under s.3c if applied in time.

How can this period is qualifying residency for ILR (10 yr long residency) but not qualifying for naturalisation ?

Where to go now Solicitor or MP ?

A quick question, as you mention extension & appeal (12 months) I presume the initial extension application was refused with the right to appeal, is this correct? If so was the appeal submitted within the stipulated time period?

[bestmd]

Application unsuccessful on the basis that time spent on awaiting decision of extension application and appeal (12 months) is breach of qualifying resident period.

I m 100% sure they are covered under s.3c if applied in time.

How can this period is qualifying residency for ILR (10 yr long residency) but not qualifying for naturalisation ?

Where to go now Solicitor or MP ?

A quick question, as you mention extension & appeal (12 months) I presume the initial extension application was refused with the right to appeal, is this correct? If so was the appeal submitted within the stipulated time period?

Applied in time
Application refused
Appealed in time

Above time was Not problem for ILR how it's problem now for natrualisation