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Please help for refuse british application

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

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

secret.simon
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Re: Please help for refuse british application

Post by secret.simon » Tue Mar 03, 2015 11:35 am

zabizabi wrote:...the rules are not made by HOME OFFICE or case worker.Its the parliament who make such kind of decision by voting, ...The new rules are law and the court can't win from Parliament(lawmaker) , they can only suggest not only for you but for everyone.(Remember the spouse financial requirement case)
While it is generally true that it is Parliament that makes the law, in this case, it is not strictly true. Significant powers are given by Parliament to ministers to make rules, regulations and orders that have the same force of law.

The British Nationality Act 1981 only states that the Secretary of State must be satisfied that the applicant is of "good character". What good character means is left to the Secretary of State to define. The rules introduced in December 2014 were made by ministers and were not even reviewed by Parliament. Most other immigration rule changes have to be laid before Parliament for 40 days and can be debated if a lot of MPs want a debate.

Because this was not a rule change, but a change in the definition of what it means to be of "good character", the ministers at the Home Office could make the change without any review.

On the point of the lawyer, that lawyer is either unscrupulous, in which case he needs to be reported to the Law Society, or he is totally briliant, in which case, he is seriously undercharging.

blueberry1986
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Re: Please help for refuse british application

Post by blueberry1986 » Tue Mar 03, 2015 1:04 pm

I think you have misunderstood the letter from the Home Office.
They are not stating that you have OVERSTAYED on your visa, rather that you overstayed as a visitor BEFORE you got your visa.
Overstaying means you HAVE broken the law.
You are wasting money with a lawyer! you will not win this one.

zeusmagnanimous
Member
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Re: Please help for refuse british application

Post by zeusmagnanimous » Tue Mar 03, 2015 2:45 pm

vales wrote:I pay lawyer for £750 and £80 fee for home office, this is cheapest I have someone other he say to me £1700, he say maybe successful application because I am husband of bitish wife.

CRO001 yes he say to me we will do 'reconsideration from NR', he say this is best, maybe I win, maybe I lost he say, he say if I lost he will help me make new application 50% discount!
so its a win-win for the lawyer ........ for you on the other hand there is only one outcome.

khaledadda
Member
Posts: 115
Joined: Wed Jul 25, 2012 10:13 pm

Re: Please help for refuse british application

Post by khaledadda » Tue Mar 03, 2015 6:26 pm

Hi Vales

The chances are very low to win the case
Let me know of a the outcome

zabizabi
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Re: Please help for refuse british application

Post by zabizabi » Tue Mar 03, 2015 10:28 pm

While it is generally true that it is Parliament that makes the law, in this case, it is not strictly true. Significant powers are given by Parliament to ministers to make rules, regulations and orders that have the same force of law.

The British Nationality Act 1981 only states that the Secretary of State must be satisfied that the applicant is of "good character". What good character means is left to the Secretary of State to define. The rules introduced in December 2014 were made by ministers and were not even reviewed by Parliament. Most other immigration rule changes have to be laid before Parliament for 40 days and can be debated if a lot of MPs want a debate.
secret.simon
ok got you, but tell us your suggestion .What do you think of his action.

fwd079
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Re: Please help for refuse british application

Post by fwd079 » Wed Mar 04, 2015 4:41 pm

zabizabi wrote: ok got you, but tell us your suggestion .What do you think of his action.
His actions are rash, to put it politely. He has just ost £750 as far as I can see. But will be interested if he wins the reconsideration, there is no appeal right against Naturalisation as its not a visa but a privilege.

Wanderer, that was priceless picture :D
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khaledadda
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Re: Please help for refuse british application

Post by khaledadda » Sat Mar 07, 2015 2:52 pm

Hi Vales

Any news?

Amber
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Re: Please help for refuse british application

Post by Amber » Sun Mar 08, 2015 2:23 pm

£750, that is absolutely scandalous.

Even a solicitor who is a partner, Such a supporting letter would take 1-1.5 hrs max thus £250-400 maximum.

Do you have a copy of what the solicitor wrote in the reconsideration letter?

Is he actually a solicitor or a OISC advisor?

A solicitor following the SRA codes of practice would 1. Act only in the client's best interest and 2. Inform you of te likelihood of success. The likelihood of success where no exceptional circumstances exist is highly unlikely. Would that justify paying £750? Certainly not, and not acting in your best interest. He's also bringing the profession into disrepute, arguably, by charging £750 for a letter.
**this forum is not intended to be a substitute for professional advice**
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khaledadda
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Re: Please help for refuse british application

Post by khaledadda » Tue Mar 31, 2015 6:45 pm

Hi Vales
Any news?

IraMil357
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Posts: 59
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Re: Please help for refuse british application

Post by IraMil357 » Tue Mar 31, 2015 7:31 pm

I just don't get it.... The guy got ilr in 2013, so counting backwards he was granted spouse visa in 2011.... Which means overstay was around 2010-2011.... He has his ilr and has his "British wife".... Why he is so desperate for the passport? Ok, got it wrong, got refusal, lost 900 quid... So what? Learn lesson, wait for another 6 years (from the above calculations I assume 10 years ban puts him into 2021 the latest) don't waste your money and enjoy your family life!! Why all this hassle and spending more money???? I don't get the guy?......... <feeling really daft here.....>
Applied 03/03/2015
Fee deducted 10/03/2015
Approval letter received 01/05/2015
Ceremony 02/06/2015
Passport application sent 05/06/2015

IraMil357
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Re: Please help for refuse british application

Post by IraMil357 » Tue Mar 31, 2015 7:35 pm

Wanderer wrote:Groan.....

Image
Says it all!!
Applied 03/03/2015
Fee deducted 10/03/2015
Approval letter received 01/05/2015
Ceremony 02/06/2015
Passport application sent 05/06/2015

swift_gh
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Re: Please help for refuse british application

Post by swift_gh » Tue Mar 31, 2015 11:45 pm

Amber wrote:£750, that is absolutely scandalous.

Even a solicitor who is a partner, Such a supporting letter would take 1-1.5 hrs max thus £250-400 maximum.

Do you have a copy of what the solicitor wrote in the reconsideration letter?

Is he actually a solicitor or a OISC advisor?

A solicitor following the SRA codes of practice would 1. Act only in the client's best interest and 2. Inform you of te likelihood of success. The likelihood of success where no exceptional circumstances exist is highly unlikely. Would that justify paying £750? Certainly not, and not acting in your best interest. He's also bringing the profession into disrepute, arguably, by charging £750 for a letter.
Hi Amber, i have been a silent follower of all threads here, but thought i would add to the OP's, honestly i think the HO has no clue or idea of the immigration rules and when and how to apply, i am happy for my mate who just got his citizenship granted in just 3 weeks. here's the story, he came to the UK in 2007 on tourist Visa, overstayed until 2010 when he got married to his old girlfriend, left UK in 2011 to apply for spousal visa in home country, got visa, and came back to UK 2012, ILR in 2014 and naturalisation application was made in February Feb 2015. So tell me how fare is this to the OP for just overstaying 10 months when my mate did years. Well like i said i am happy for my mate but i feel sorry for the OP.

Manka10
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Re: Please help for refuse british application

Post by Manka10 » Wed Apr 01, 2015 9:30 am

Exactly why exit checks have been reintroduced
Manka

ouflak1
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Re: Please help for refuse british application

Post by ouflak1 » Wed Apr 01, 2015 10:05 am

IraMil357 wrote: Ok, got it wrong, got refusal, lost 900 quid... So what? Learn lesson, wait for another 6 years (from the above calculations I assume 10 years ban puts him into 2021 the latest) don't waste your money and enjoy your family life!! Why all this hassle and spending more money?
Even worse, he had a better chance of getting a full refund than getting any kind of reconsideration.
swift_gh wrote:... he came to the UK in 2007 on tourist Visa, overstayed until 2010 when he got married to his old girlfriend, left UK in 2011 to apply for spousal visa in home country, got visa, and came back to UK 2012, ILR in 2014 and naturalisation ...
Dude got very very lucky. The chances of pulling something like this off anymore just dropped off to about zero percent.

khaledadda
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Re: Please help for refuse british application

Post by khaledadda » Wed Apr 22, 2015 10:47 am

Hi Vales,

Any news about your reconsideration application?
Please keep us updated

Thanks

nidaulhaque
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United Kingdom

Re: Please help for refuse british application

Post by nidaulhaque » Tue May 26, 2015 11:10 pm

Hi,
I need help,
applied of my parents application after they completed one year after PR based on EU EEA4, applied in November 2014 within week received letter application received after 7 month they refused application on the basics that they fail to report while they was on asylum for 7 months in 2009 due to new immigration rule made on 11th dec 2014

now how the applied on previous application? its not fair that should be only applications made after 11th dec right?

another point basically i married with eu citizen in 2008 and applied for residence card which was approved after 8 months and on that time they were living at same address and they were dependent of my eu partner on that basics we applied eu residence card for them which is approved so basically they saying before applying residence card they were not reporting for 7 months but they were my parents and as far as i know they got automatic rights can someone look into this about these 2 points for reconsideration

nidaulhaque
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United Kingdom

Re: Please help for refuse british application

Post by nidaulhaque » Fri May 29, 2015 9:13 am

can someone reply plz

fwd079
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Re: Please help for refuse british application

Post by fwd079 » Fri May 29, 2015 1:12 pm

nidaulhaque wrote:Hi,
I need help,
applied of my parents application after they completed one year after PR based on EU EEA4, applied in November 2014 within week received letter application received after 7 month they refused application on the basics that they fail to report while they was on asylum for 7 months in 2009 due to new immigration rule made on 11th dec 2014
Well citizenship is a privilege not a right ( page 8 ) since they are already on PR, so can live here permanently, so their human rights aren't violated hence they will not have a right of appeal either.

I am guessing its 10 years wait. Were they here illegally? Click here for more information and also please take a look at this link for deemed illegal stay.
Being British is a state of mind.
Want to maintain timeline of any thread? Click here and grab template.

khaledadda
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Re: Please help for refuse british application

Post by khaledadda » Mon Jul 06, 2015 12:38 am

vales wrote:Hi Khaledatata, I send application for appeel today with lawyer, I am hope it will be sucess, I will tell you when decision come to my home, and if you tell me too please!

Hi Vales

I hope you ok

Could you please update me about the outcome of your application it's been long time I'm sure you heard somefink about your appeal ?

Many Thanks

Lima254
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Re: Please help for refuse british application

Post by Lima254 » Mon Jul 06, 2015 6:51 am

vales wrote:Sorry. I have husband and they give IRL indefintite in 2013 my wife is british nationality, so they give me everything no problem! when apply for british nationalty they refuse because they say I am overstayed only 10 months in tourist visa before I marry my wife, but this is wrong because they give visa to come join my wife and then indefinite IRL!!! When I overtstay I go back to country to apply for my mariage visa no problem!! so why refuse this??? this is big msitake please help me to appeel to court or how to complains please THANK YOU
Just out of curiosity how did you meet the language requirement? I can't seem to make heads or tails of your writing! :shock:

Ah well, you now have plenty of time to invest in some English classes. All the best in the next chapter ---> go prepare for another go mate.

jaweb
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Re: Please help for refuse british application

Post by jaweb » Tue Jul 07, 2015 8:08 am

[quote="Lima254"][quote="vales"]Sorry. I have husband and they give IRL indefintite in 2013 my wife is british nationality, so they give me everything no problem! when apply for british nationalty they refuse because they say I am overstayed only 10 months in tourist visa before I marry my wife, but this is wrong because they give visa to come join my wife and then indefinite IRL!!! When I overtstay I go back to country to apply for my mariage visa no problem!! so why refuse this??? this is big msitake please help me to appeel to court or how to complains please THANK YOU[/quote]

Just out of curiosity how did you meet the language requirement? I can't seem to make heads or tails of your writing! :shock:

Ah well, you now have plenty of time to invest in some English classes. All the best in the next chapter ---> go prepare for another go mate.[/quote]

They should thigten the language criteria too as right now it is only speaking exam enough for BC and I presume he is OK with speaking just his writing is awful

Petaltop
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Re: Please help for refuse british application

Post by Petaltop » Tue Jul 07, 2015 11:53 am

Mauser1905 wrote:
Petaltop wrote:
vales wrote:It's better I say I am hospital then with no lawyer?
Just show UKVI your paid NHS bill for those 10 months you spent in hospital when you overstayed your visitor visa. As a visitor and as an overstayer/illegal, you would not be allowed free NHS.
??
It was sarcasm. :D vales doesn't have any NHS bills because he wasn't in hospital, he just decided to to overstay for 10 months....... therefore he can't show NHS bills. I was being sarcastic. Listen to how well the British do sarcasm.

Mauser1905 wrote: If you were not in hospital and you state in your application that you were, then you are trying to deceive the HO and if found you may find your 10 year clock starts from discovery of your falsification! <sarcasam>
This was not being sarcastic. This is a fact.

khaledadda
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Re: Please help for refuse british application

Post by khaledadda » Sun Jul 26, 2015 7:33 pm

Hi Vales
Any news ?

Locked