Any naturalisation application refused ? WHY?

mumtos · Post by **mumtos** » Sat Oct 23, 2010 7:44 pm

Hi,
I have created this topic just to know that are there any applicants who`s naturalisation application is refused due to whatever reason..as there is no information about this on the site..

Please give details of applications refused such as:

Why is application refused?
What action are you going to take?
When can you apply again?
How long did it take for your decision to arrive? i.e from date of submission to date of refusal letter you got in post?

Any comments and replies would be highly appreciated..

Thanks!

Post by **John** » Sun Oct 24, 2010 2:30 pm

You have only got to look at the rules to see that it is totally possible for an application for Naturalisation to be rejected. But that is where boards such as this are helpful, in preventing people making an application at a time when it would be likely, or indeed definitely, be rejected.

There are of course a number of rules that need to be met but one I would emphasise is the need to ensure that the applicant was physically in the UK exactly 5 years before UKBA receive the Naturalisation application. (For applicants married to, or in Civil Partnership with, a British Citizen, delete "5 years" and insert "3 years".)

UKBA have no discretion about this particular rule, and my understanding is this particular rule causes quite a percentages of the total rejections that happen. And to that I say .... careless .... a totally unnecessary problem caused by the applicant applying at an inappropriate time.

mumtos · Post by **mumtos** » Sun Oct 24, 2010 11:54 pm

yeah you are right john..but i just wanted to get to know the various different reasons for which the application is refused. some personal experiences of people effected. nad what they will do next..

thanks for ur comment anyway

Post by **John** » Mon Oct 25, 2010 7:16 am

So what you need to do is to spend a bit of time reading the topics in this British Citizenship section of this board, and make sure you understand the rules, thereby ensuring that you don't apply at an inappropriate time.

KC8010 · Post by **KC8010** » Mon Jan 10, 2011 9:34 pm

There are of course a number of rules that need to be met but one I would emphasise is the need to ensure that the applicant was physically in the UK exactly 5 years before UKBA receive the Naturalisation application. (For applicants married to, or in Civil Partnership with, a British Citizen, delete "5 years" and insert "3 years".)

How do you prove you were in the UK exactly 5 years before UKBA receive the application??

Sorry if this is a stupid question

Post by **John** » Mon Jan 10, 2011 9:42 pm

Isn't that clear from the date stamps in the passport?

KC8010 · Post by **KC8010** » Mon Jan 10, 2011 9:46 pm

yes I guess you are right
I have just applied for my BC - UKBA signed for the documents on Jan 06.11. So does this mean they will be looking for if I was in the country in the whole year of 2006 OR just Jan 06.2006?

Post by **John** » Mon Jan 10, 2011 10:04 pm

Just that one day!

KC8010 · Post by **KC8010** » Mon Jan 10, 2011 10:15 pm

OK thats fine then...

The PR issue date of my sticker is Dec 2007 - surely I was ok applying now for BC? Entered the UK in May 2001- received EEA residence card 2002 and PR in 2007. Concerned that they say Residence qualifying period can not include time spent in the UK free from Immigration control.....

So qualifying period is 5 years and one year free from immigration control...soo confusing...can you shed light?

Post by **John** » Mon Jan 10, 2011 10:25 pm

Concerned that they say Residence qualifying period can not include time spent in the UK free from Immigration control.....

Sorry? I don't understand that at all. Who is saying that?

KC8010 · Post by **KC8010** » Mon Jan 10, 2011 10:26 pm

UKBA website

If you have spent time in the UK while you were exempt from immigration control, you cannot include this time as part of the residential qualifying period.

Post by **John** » Mon Jan 10, 2011 10:32 pm

Arrh .... "exempt"! Very different from "free from"!

Exempt covers people such as diplomats serving in the UK. People with ILR or PR are not "exempt", they are "free from" immigration control.

KC8010 · Post by **KC8010** » Mon Jan 10, 2011 10:36 pm

Oh right - well that makes so much more sense now....I think my residence qualifying period is more than enough

You obviously understand their jargon better than what I do

Thanks for all the advice

johnsienk · Post by **johnsienk** » Tue Jan 11, 2011 9:45 am

KC8010 · Post by **KC8010** » Tue Jan 11, 2011 10:24 am

Well my passport has always been stamped when ever I left the UK and entered back again, being on a South African passport - they make sure they stamp them!

san2014 · Post by **san2014** » Wed Apr 29, 2015 12:15 pm

Hi everyone,

I need some advice please.

What should you do if you get Naturalization application refused please ??
(Not for criminal record)

Thanks in advance

Post by **John** » Wed Apr 29, 2015 12:33 pm

What you should do would depend upon the reason for rejection.

For example there is an absolute requirement ... no UKBA discretion permitted .... for the applicant to be physically present in the UK at the start of their qualifying period. That period starts five years (less one day) before UKBA receive the Naturalisation application, except for spouses (or civil partners) of British Citizens, when it is three years (less one day).

For example, where there is no British Citizen link, if UKBA receive the Naturalisation application on Monday 04.05.15, the qualifying period is from 05.05.10 to 04.05.15, and thus the applicant MUST have been physically in the UK on 05.05.10.

Thus anyone getting a rejection letter for that reason would simply be more careful next time and apply again.

Post by **vinny** » Wed Apr 29, 2015 12:49 pm

vinny wrote:See also Chapter 18 > Annex B: residence requirements > 3.

san2014 · Post by **san2014** » Wed Apr 29, 2015 12:56 pm

First of all thanks for the replaying,

My partner has been in this country for 12 years and never left the UK because he didn't had the papers.
Last year 6 March 2014 he won the papers with court (because the HO was taking so long to give him an answer so for this reason he decided to go to court)
So he been granted Indifinet Leave To Remain.
In 9 May 2014 he applied for Naturalization.
Today he recived the letter from the HO for the refusing

(I don't know exactly the reason why because am waiting from the solicitors to send me a copy by email)

I don't know whats going on with the HO as to some people they give the approvel to some no

fwd079 · Post by **fwd079** » Wed Apr 29, 2015 1:38 pm

san2014 wrote:First of all thanks for the replaying,

My partner has been in this country for 12 years and never left the UK because he didn't had the papers.
Last year 6 March 2014 he won the papers with court (because the HO was taking so long to give him an answer so for this reason he decided to go to court)
So he been granted Indifinet Leave To Remain.
In 9 May 2014 he applied for Naturalization.
Today he recived the letter from the HO for the refusing

(I don't know exactly the reason why because am waiting from the solicitors to send me a copy by email)

I don't know whats going on with the HO as to some people they give the approvel to some no

Please click here to see information as rules have changed for overstayers/illegal persons.

san2014 · Post by **san2014** » Wed Apr 29, 2015 2:25 pm

When this changes and when this law came into force please?
Thanks

cs95tdg · Post by **cs95tdg** » Wed Apr 29, 2015 2:34 pm

san2014 wrote:When this changes and when this law came into force please?
Thanks

December 2014. Personally I'd wait for the reason for refusal from your solicitor. Once you have that, you will have a clearer picture of what to do next. You may want to post your immigration history, along with refusal reason so that others can comment.

san2014 · Post by **san2014** » Wed Apr 29, 2015 3:03 pm

Before receiving the letters from the solicitor, I would like to say something as a person that finished for law ...

My partner applied in 9 May 2014 and the law came into force December 2014
Because of this I don't think that anyone before December 2014 should be affected by this law.
Because the law does not have retroactive effect and all the solicitors should know this

I hope am right...

cs95tdg · Post by **cs95tdg** » Wed Apr 29, 2015 3:57 pm

san2014 wrote:Before receiving the letters from the solicitor, I would like to say something as a person that finished for law ...

My partner applied in 9 May 2014 and the law came into force December 2014
Because of this I don't think that anyone before December 2014 should be affected by this law.
Because the law does not have retroactive effect and all the solicitors should know this

Unfortunately, that's not the case, the rules apply to all applications that were undecided when the changes came into effect, irrespective of when the application was submitted.

However depending on your partners immigration history, for instance if he applied for ILR as a refugee/asylum seeker... then I'd urge you to read the thread posted by fwd079 where Amber has posted some useful information.

san2014 · Post by **san2014** » Wed Apr 29, 2015 10:59 pm

Hi
Thanks for the early replay

We need some help as we don't know what to do, what action should we take please??

This is the reason for the Naturalisation Application refused.

Your client was here without valid leave in UK between 17/11/2005 until 05/03/2014 when he was granted ILR.
Also he was not permitted to work during this time but he was working.
So you have provided documents which clearly shows that your client was working here between August 2006 - April 2014 WITHOUT permission and your client can not therefore satisfy the Criteria of Chapter 18, Annex D, paragraph 9.7 & c of the Nationality Instructions.
So your client application is refused.

He has been working in this country and I can not deny But he has payed his tax and worked with papers always and never claimed benefits.
Thats so unfair

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Any naturalisation application refused ? WHY?

Any naturalisation application refused ? why?

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Re: Any naturalisation application refused ? WHY?

Re: Any naturalisation application refused ? WHY?

Re: Any naturalisation application refused ? WHY?

Re: Any naturalisation application refused ? WHY?

Re: Any naturalisation application refused ? WHY?

Re: Any naturalisation application refused ? WHY?

Re: Any naturalisation application refused ? WHY?

Re: Any naturalisation application refused ? WHY?

Re: Any naturalisation application refused ? WHY?