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HO on planned changes to nationality casework process (!)

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

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sagareva
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HO on planned changes to nationality casework process (!)

Post by sagareva » Sun Dec 28, 2014 3:37 am

Must-read for anyone applying for citizenship in 2015: Home Office published their responce to the Chief Inspector's criticism of naturalisation casework, which received so much media coverage before Christmas.

https://www.gov.uk/government/uploads/s ... sework.pdf

From reading this document, we can see what can change in HO's "back office" processing of naturalisation applications in the coming months. Some notable changes would really be changes in caseworking procedure, and not require any legislative process -- yet, they may have significant impact on individual outcomes, depending of course on each applicant's circumstances.

The original report (http://icinspector.independent.gov.uk/w ... rt-web.pdf) which was subject to so much speculation, critisized HO naturalisation casework on five major points, some of which Home Office promised to address:

(1) that a huge reliance was placed on self-declaration, eg -- apparently -- in the present procedure, unless applicants declares financial problems, CCJs etc, checks are not made to detect them;

***********HO responds with promise to introduce credit history checks on pilot basis within 6 months. This can have potentially disastrous consequences, first of all of course because credit bureau data is full of mistakes, duplicates, inconsistencies and utter falsehood -- because that system was never designed to carry out government functions. Second, nothing good ever comes of outsourcing any bits of government functions to private companies (think G4S etc). ***********

(2) That no attempt is made to verify applicants' criminal history in "home country". Certificates were not required and self-admissions were never followed up to verify circumstances.

This is of course a reference to the fact that generally, unlike US and many others, UK does nto require criminal hstory certificates from countries of prior residence at any point during immigration process.
This is a policy problem rather than application problem -- Daily Mail reports about "100,000 murderers receiving citizenship in error" make it very hard to understand, but there is no suggestion here that any error has occurred, really. Vine's report is full of emotional but legally un-qualified remarks, such as "one applicant previously admitted fleeing his country after stabbing a man, which is absolutely unacceptable". There is no mention of reasons and circumstances in which the stabbing occurred (which could have been in self-defense etc).

***HO responds by saying that , while they do not intend at this stage to start requiring foreign criminality certificates, **ANY** self-admission by an applicant of a foreign conviction or trouble with the law will now trigger a refusal, even if it cannot be verified **** AND **

*** applicants' original paper files from previous applications will now be recalled to be reviewed manually during citizenship consideration, in recognition that CID -- the caseworking database -- contains incomplete and often inaccurate information about contents of those files. This can spell major delays IMHO. ***

(3) That referees were never checked.

**HO responds by saying that they will within a few months introduce automatic PNC -- eg criminal history checks -- for referees. This means that any referees that have court fines etc may become disqualified. This can have major impact on ability to find referees and of course you do not really know many of your potential referees history to be able to predict what can turn up!*****

(4) That some applicants who have "poor immigration history" and particularly "history of non-compliance with immigration rules, illegal working etc" were given citizenship. This is a ridiculous complaint of course, as people who are given citizenship at that stage already have permanent residence and so all their prior immigration history problems will have been resolved at ILR stage.

****However HO now says that
(a) where people have history of illegal residence, overstaying, illegal working that will, if within qualifying period, mean that they will not meet the residence requirements, Previously, it would have been possible to meet party of qualifying period with irregular residence, plus of course there are people who violate rules inadvertedly, for instance who filed an application for extension and it was rejected as invalid, or whose asylum claims were denied unjustly and who were later granted DL. These people will all have to wait longer. Those where immigration non-compliance was historic, it will have impact on their character suitability profile.
(b) new risk profile system will be develop to target some naturalisation applicants for character suitability interviews. historic non-compliance with immigration rules will cause applicant to be so targeted ******

(5) that, in cases where deception was later "detected" that had been successfull on original application and citizenship was granted , decisions have been often made afterwards to not pursue cancellation or deprivation of citizenship, allegedly out of embarassment --as Vine thinks -- that HO had been originally deceived. The real reason of course may lay in that HO has most often no proof of any kind of such deception in most cases, and certainly not enough to sustain a major action such as de-naturalisation.

***HO now says they will return to these cases and pursue deprivation. This is quite major, as many people involved in "these cases" may potentially have no idea, especially if allegations were made anonymously against them or inferred from public domain etc etc. ****

My further analysis and answers to your questions at http://www.noadvertisingspammer.org.uk
**Please note, you can no longer contact me by PM because owners of this board accused me of using it to recruit clients, and disabled my ability to read and send PMs.**

Obie
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Re: HO on planned changes to nationality casework process (!

Post by Obie » Thu Jan 08, 2015 12:36 pm

Smooth seas do not make skilful sailors

ik_aam_insaan
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Re: HO on planned changes to nationality casework process (!

Post by ik_aam_insaan » Fri Jan 09, 2015 4:16 pm

Date of App: 07/04/2015
Date of Receipt by UKVI: 08/04/2015
Date of Fees taken: 29/04/2015
Date of Acknowledgment: 07/05/2015
Date of Biometrics Received and Done: 07/05/2015
Date of Approval: 21/09/2015 received ( 23/05/2015)
Date of Ceremony:

sagareva
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new staff guidance on good character requirement

Post by sagareva » Fri Jan 09, 2015 9:11 pm

Hi folks, quick heads up, new guidance on good character requirement for citizenship from 11th December 2014, now illegal entry, overstaying and other persistent immigration violations are considered disqualifying behaviour

https://www.gov.uk/government/uploads/s ... ersion.pdf
**Please note, you can no longer contact me by PM because owners of this board accused me of using it to recruit clients, and disabled my ability to read and send PMs.**

vinny
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Re: new staff guidance on good character requirement

Post by vinny » Sat Jan 10, 2015 2:06 am

sagareva wrote:overstaying
I cannot find any occurrences of the word "overstay" in the document.
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

t123456789
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Re: HO on planned changes to nationality casework process (!

Post by t123456789 » Sat Jan 10, 2015 10:49 am

vinny wrote:
sagareva wrote:overstaying
I cannot find any occurrences of the word "overstay" in the document.
I think this section would apply to overstayers:
9.7 Evasion of immigration control

The decision maker will normally refuse an application if within the 10 years preceding the application the person has not been compliant with immigration requirements, including but not limited to having:

a. failed to report

b. failed to comply with any conditions imposed under the Immigration Acts

c. been detected working in the UK without permission

abBY20
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Re: HO on planned changes to nationality casework process (!

Post by abBY20 » Sat Jan 10, 2015 11:38 am

Thank you for update
Will this affect applicants that five years legal stay too?

abBY20
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Re: HO on planned changes to nationality casework process (!

Post by abBY20 » Sat Jan 10, 2015 11:43 am

Thank you all for this update !
So will 5years legal qualifying period still be accepted
After applicant has no previous records before five years qualifying period of 5years
Thanks for your response!!!

vinny
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Re: HO on planned changes to nationality casework process (!

Post by vinny » Sat Jan 10, 2015 1:19 pm

Thanks, t123456789.

sagareva and you are right.

Chapter 18 Annex D: the good character requirement > 9.7 Evasion of immigration control:
The decision maker will normally refuse an application if within the 10 years preceding the application the person has not been compliant with immigration requirements, including but not limited to having:
a. failed to report
b. failed to comply with any conditions imposed under the Immigration Acts
c. been detected working in the UK without permission
Could be bad news for all adult overstayers, where Good character is a requirement. It doesn't say that a minimum period of overstaying will be disregarded (*UPDATE*).
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.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Jaeger
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Re: HO on planned changes to nationality casework process (!

Post by Jaeger » Sun Jan 11, 2015 2:44 am

ik_aam_insaan wrote:another legislation

http://www.legislation.gov.uk/ukdsi/201 ... 885_en.pdf
When that might come into force?

Looks like naturalisation will involve one extra step - giving biometrics at Post Office

ukswus
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Re: HO on planned changes to nationality casework process (!

Post by ukswus » Mon Jan 12, 2015 5:27 pm

vinny wrote:Thanks, t123456789.

sagareva and you are right.
[url=https://www.gov.uk/government/publications/chapter-18-naturalisation-at-discretion-nationality-instructions]Chapter 18[/url] Annex D: the good character requirement > 9.7 Evasion of immigration control wrote:The decision maker will normally refuse an application if within the 10 years preceding the application the person has not been compliant with immigration requirements, including but not limited to having:
a. failed to report
b. failed to comply with any conditions imposed under the Immigration Acts
c. been detected working in the UK without permission
Could be bad news for all adult overstayers, where Good character is a requirement. It doesn't say that a minimum period of overstaying will be disregarded.
The way it is worded now, a large proportion of applicants may be affected. For example, many nationalities are required to register with the Police changes in their circumstances within a week or so. Many people either forget to inform the Police that they got a new job/address (thinking it's enough for Home Office to know), or do this with some delay. Technically, this falls under item b above...

someone1983.2
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Re: HO on planned changes to nationality casework process (!

Post by someone1983.2 » Wed Feb 04, 2015 2:49 pm

Do these new rules implemented effect applications made in 2014, specifically in may of 2014?

johnnymotel
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Re: HO on planned changes to nationality casework process (!

Post by johnnymotel » Sat Feb 07, 2015 10:12 pm

My wife applied in August 2014 and so far we haven't had any further communications from HO. My wife overstayed before we married and declared all her immigration history in her first visa application. I wonder if they can still refuse her application for BC with this new directive, even though it came out some months after her application. Certainly NCS said nothing and she declared her overstay on the application. I am hoping there will be a transition period. Any thoughts?

Obie
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Re: HO on planned changes to nationality casework process (!

Post by Obie » Sat Feb 07, 2015 10:29 pm

johnnymotel wrote:My wife applied in August 2014 and so far we haven't had any further communications from HO. My wife overstayed before we married and declared all her immigration history in her first visa application. I wonder if they can still refuse her application for BC with this new directive, even though it came out some months after her application. Certainly NCS said nothing and she declared her overstay on the application. I am hoping there will be a transition period. Any thoughts?
I believe they may do so. I really will not put that past them.

They have done this to other people already.
Smooth seas do not make skilful sailors

hamziyan88
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Re: HO on planned changes to nationality casework process (!

Post by hamziyan88 » Sun Feb 15, 2015 7:05 pm

I read they are going to introduce biometric enrollment for Bc applications too

ik_aam_insaan
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Re: HO on planned changes to nationality casework process (!

Post by ik_aam_insaan » Wed Mar 04, 2015 1:39 pm

Any idea when the changes will come into effect as i think the form will also change and new fees from april aswell 100 pound more :D plus 20 for biometric we need an extra 120 ....
Date of App: 07/04/2015
Date of Receipt by UKVI: 08/04/2015
Date of Fees taken: 29/04/2015
Date of Acknowledgment: 07/05/2015
Date of Biometrics Received and Done: 07/05/2015
Date of Approval: 21/09/2015 received ( 23/05/2015)
Date of Ceremony:

ik_aam_insaan
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Re: HO on planned changes to nationality casework process (!

Post by ik_aam_insaan » Sat Mar 21, 2015 3:11 pm

Date of App: 07/04/2015
Date of Receipt by UKVI: 08/04/2015
Date of Fees taken: 29/04/2015
Date of Acknowledgment: 07/05/2015
Date of Biometrics Received and Done: 07/05/2015
Date of Approval: 21/09/2015 received ( 23/05/2015)
Date of Ceremony:

digitalrev
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Re: HO on planned changes to nationality casework process (!

Post by digitalrev » Sat Mar 21, 2015 7:58 pm

Sorry to be naive .

I am bit confused with this new legislation.

Does it mean that Biomatic entry is mandatory for anyone applying for Naturalisation from next month?

cs95tdg
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Re: HO on planned changes to nationality casework process (!

Post by cs95tdg » Sat Mar 21, 2015 8:11 pm

digitalrev wrote:I am bit confused with this new legislation.

Does it mean that Biomatic entry is mandatory for anyone applying for Naturalisation from next month?
Yes

digitalrev
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Re: HO on planned changes to nationality casework process (!

Post by digitalrev » Sun Mar 22, 2015 3:59 pm

Thank you for reply.

As far I understood from this link http://www.legislation.gov.uk/uksi/2015 ... tents/made that Biomatric information will be deleted once applicant receive British passport. Am i correct?

t123456789
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Re: HO on planned changes to nationality casework process (!

Post by t123456789 » Sun Mar 22, 2015 4:47 pm

That's correct. The point of collecting this is to make sure the applicant don't have a criminal record, to check they haven't applied before and been refused etc, the same reasons as visa applicants. If they grant citizenship they may not keep the data, it must be deleted. However, if they refuse they may keep it.

cs95tdg
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Re: HO on planned changes to nationality casework process (!

Post by cs95tdg » Sun Mar 22, 2015 5:27 pm

The BRP is primarily used to verify the identity of a individual, so hence the reason why once you have provided biometrics for one application you are then required to do so for all subsequent immigration applications. They would do a comparison to match your latest biometric details against what they formerly captured to ensure that the person now applying is one & the same.

At port of entry into the UK they verify that the person entering the country with the BRP is the correct person, using the biometric info you provide each time you enter the country.

I suspect the introduction of biometric detail submission for naturalisation would be for the same reason. I.e. To Verify identity of the applicant.

digitalrev
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Re: HO on planned changes to nationality casework process (!

Post by digitalrev » Sun Mar 22, 2015 6:59 pm

Thank you @ t123456789 and cs95tdg

ik_aam_insaan
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Re: HO on planned changes to nationality casework process (!

Post by ik_aam_insaan » Fri Mar 27, 2015 2:04 am

biometric enrollment is now a requirement from 6 april 2015 ...
new forms are published today

https://www.gov.uk/government/publicati ... en-form-an
Date of App: 07/04/2015
Date of Receipt by UKVI: 08/04/2015
Date of Fees taken: 29/04/2015
Date of Acknowledgment: 07/05/2015
Date of Biometrics Received and Done: 07/05/2015
Date of Approval: 21/09/2015 received ( 23/05/2015)
Date of Ceremony:

aumar
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Re: HO on planned changes to nationality casework process (!

Post by aumar » Sat Mar 28, 2015 7:25 pm

Hi,

I need to apply for my wife's naturalization at NCS on 02/04/2015. I have just seen new form and requirement for bio-metrics and sending the BRP card? When this would come into effect? immediately or any future date? People saying from April but I cant really see any date on the policy guidelines.

Also I had old form but seem we need to fill the new form? Please advice

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