- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
chrisini77chrisini77 wrote:I got a letter from HO about my Naturalisation application made 4th Dec.
[color=#FF0000]The letter stated where an applicant has not been compliant with the UK immigration laws in the 10 year period prior to the date of application the application will normally be refused. [/color]
They indicated i was here without a valid leave in the UK between 3 september 2010 when my leave to remain expired and i left the UK 6th August 2011 to my home country to regain entry clearance. the reason for this to happen was my application for my spouse visa 15 August 2010 this was rejected due to funds not taken from my account and got a letter on 26th November 2010 deemed invalid and was asked to reapply.
I reapplied on the 18th of Dec 2010 but got another letter on 11th Jan saying i used the wrong form. i immediately made another application using the right form in Jan received acknowledgement letter 4th of April and was sent a letter for biometrics on 6th April. On the 13th April i received a decision that my application has been refused due to the fact that i made a valid application after my leave to remain expired on the 3rd of september 2010. My wife was the one taking up all the maintenance and up keep as I had to leave my job immediately at the time.
I seeked legal advice and was finally advised to go to my home country to re apply which i did on the 6th of August 2011. So the letter is asking in order that we may give further consideration to your application please state how you were maintaining yourself in the country during this period and provide appropriate evidenceie wage slips, benefit letters, evidence of other income. please provide this information by the 18th May. Failure to send required informationby the given date will result in the application being refused. anyone please advice....thanks
Chrisinichrisini77 wrote:Hi roanne15......the letter was referencing the policy statement stating where an applicant has not been compliant with the UK immigration laws in the 10 year period prior to the date of application the application will normally be refused....as I was here without leave from the dates I have given in my account....
Hello gnantha,gnantha wrote:Thought this post could benefit some, Just received mail confirmation from Home office (after fourty five days wait) regarding my wife's illegal entry which reads,
Home office:
Thank you for the email.
It is a matter of discretion for the caseworker to exercise. If you read the information I give you on the last email it would seem that the caseworker can waive the breach as you was granted.
My Wife:
Thank for your reply.
I would be grateful if you can clarify me if on basis of newly issued good character guidance annex D that I can apply now or to wait for completion of ten years due to illegal arrival in UK.
Your prompt response is much appreciated.
Home office:(last email)
Thank you for the email and I apologise for the delay in responding.
A person who entered the United Kingdom clandestinely and presented himself without delay to the immigration authorities following arrival or was detected by the immigration authorities shortly after arrival. In either case, the maximum period involved should normally be 1 month but, if there are extenuating circumstances, it may be longer. In these cases we can waive the breach that occurred from entry until the person’s first application for leave/asylum has been finally determined, provided the application resulted in a grant of refugee status or other leave;
Thanks a lotgnantha wrote:Not at all, this one from home office is in response to the enquiry made by my wife to FurtherNationalityEnquiries@homeoffice.gsi.gov.uk
hope above answered your question.
bintajammeh wrote:Application Timeline
Eligibility criteria:5 yrs Humaniterian protection + 1yr ILR
Nationality: Gmb
Method of Application: NSC
English Qualification: Life in the uk and Esol B3
Date of application sent: 22 April 2015
Date receive by ukba : 23 April 2015
Date of Debit Fees : waiting
Date of receive of acknowledgement: waiting
Date receive of Approval: waiting
From my understanding from this platform, i can certainly say that am going be to refuse citizenship because i entered legally then became illegal for few months and thats why am concern that my application will be decline sadly.
I finally got a brown envelope today with my application approved and waiting for my ceremony letter...thanks everyone who contributed and shared stories on this forum.....chrisini77 wrote:I got a letter from HO about my Naturalisation application made 4th Dec.
The letter stated where an applicant has not been compliant with the UK immigration laws in the 10 year period prior to the date of application the application will normally be refused.
They indicated i was here without a valid leave in the UK between 3 september 2010 when my leave to remain expired and i left the UK 6th August 2011 to my home country to regain entry clearance. the reason for this to happen was my application for my spouse visa 15 August 2010 this was rejected due to funds not taken from my account and got a letter on 26th November 2010 deemed invalid and was asked to reapply.
I reapplied on the 18th of Dec 2010 but got another letter on 11th Jan saying i used the wrong form. i immediately made another application using the right form in Jan received acknowledgement letter 4th of April and was sent a letter for biometrics on 6th April. On the 13th April i received a decision that my application has been refused due to the fact that i made a valid application after my leave to remain expired on the 3rd of september 2010. My wife was the one taking up all the maintenance and up keep as I had to leave my job immediately at the time.
I seeked legal advice and was finally advised to go to my home country to re apply which i did on the 6th of August 2011. So the letter is asking in order that we may give further consideration to your application please state how you were maintaining yourself in the country during this period and provide appropriate evidenceie wage slips, benefit letters, evidence of other income. please provide this information by the 18th May. Failure to send required informationby the given date will result in the application being refused. anyone please advice....thanks
yes I can confirmgnantha wrote:Hello, sorry to hear about the refusal. But not to loose hope. There may be a way to ask for reconsideration and senior members will be able to advise in due course. if you don't mind could you please confirm you had temporary permission to remain in UK continuously without any break till you been granted discretionary leave in 20th October 2011 i.e. between 05 January 2003 to 21 October 2011? Reason why I am asking is because case worker given following reason for refusal "You note to have been granted temporary admission from 05 January 2003 to 21 October 2011 as such you had leave which did not expire. However, this is not the case and discretion does not apply under Chapter 18 Annex B paragraph 8.7."
when u was granted P.R ?akwadouala wrote:yes I can confirmgnantha wrote:Hello, sorry to hear about the refusal. But not to loose hope. There may be a way to ask for reconsideration and senior members will be able to advise in due course. if you don't mind could you please confirm you had temporary permission to remain in UK continuously without any break till you been granted discretionary leave in 20th October 2011 i.e. between 05 January 2003 to 21 October 2011? Reason why I am asking is because case worker given following reason for refusal "You note to have been granted temporary admission from 05 January 2003 to 21 October 2011 as such you had leave which did not expire. However, this is not the case and discretion does not apply under Chapter 18 Annex B paragraph 8.7."
Thanks for your reply Gnantha, can I ask what the home office contact number is? I got one from their website but it doesn't give me the option to speak to an advisor. The NCS did phoned to HO but he didn't give them much detail about my situation, it was a brief conversation. I really am unhappy about NCS. It was like £50 for nothinggnantha wrote:Hello Betty,
There is a discretion that caseworker can apply in your case if you can satisfy caseworker that one day gap is not of your own fault. If I was you I would ring home office for advise if NCS have not already done so.
A day of overstaying is not good enough reason for your application to be denied besides, caseworkers have the opportunity to exercise a discretion in cases where the applicant overstayed for less than one month. In cases where it is over one month, an applicant as to give compelling reasons why they overstayed and still a discretion can be applied. Anything over one month is more risky but there have been cases where applicants were successful.Betty120670 wrote:Hello everyone,
I am a newbie So, I am in the same situation as people in this post. I came to the UK in 2007 June, applied for asylum on the next day of my arrival as it was to late to go to the HO same day. I was granted a 5 year leave to remain in October 2007. So, fast forward 5 years, in 2012 I applied for ILR and granted straight away. 12 months after ILR in (2014) I started the Naturalisation process but due to moving and other factors it has been pushed and I finally managed to complete the application form, referee, passed my life in the UK test and went to the council for NCS (January 2015) to be told I have to wait 10 years which is 2017, due to new rule in December Good character.
I went to CAB for advice and they arranged for me to see a solicitor for legal advice, now the guy (solicitor) told me with good representation I could apply for naturalisation but the charge is an eye watering £700.00 on top of naturalisation fee Now If it is possible to argue article 31 I want to do it myself. Do you guys think it is possible? if so I will happily accept any suggestions.
Thanks
Betty