Re: Refused British Citizenship due to being in the UK Illeg

WeepNotChild · Post by **WeepNotChild** » Wed Jun 17, 2015 4:39 pm

You should take the gamble and apply by yourself.
Amber has posted a very good reconsideration letter for someone somewhere on this forum. You can edit it accordingly and use it if it goes that far.
Good luck.

Betty120670 · Post by **Betty120670** » Thu Jun 18, 2015 5:35 pm

Thank you everyone for your input, I emailed HO on Monday stating my situation and as to where I stand in my case. It says 20 working days for reply

After reading a lot and getting advise from several sources, I almost decided to go a head and apply myself, I just need to wait and see what HO have to say. It asks for personal detail such as D.O.B, HO reference number and more so It seems they will look into individual case before they reply hence 20 working days.

Anyway I will update you as soon as I get reply from them and further. I am really grateful for your individual reply and suggestion.

Thank you.
Betty

gnantha · Post by **gnantha** » Thu Jun 18, 2015 10:14 pm

Hello Betty,

Good lucks with your application.

Found a link on this forum which gives some assurance for refugees in similar situation where an immigration minister had stated "The instruction is that applications should “normally” be refused as there will, of course, be circumstances where it would not be appropriate to do so. One such example is where an individual enters the UK illegally, but is subsequently granted refugee status. Section 31 of the immigration and Asylum Act 1999 Act and Article 31 of the Refugee Convention provide a defence against prosecution for certain offences committed prior to a grant of Refugee Status where the individual showed good cause for his illegal entry or presence and brought themselves to the attention of the authorities without delay.
Similarly, where an individual enters clandestinely, but presents themselves to the authorities within a reasonable time period and has their asylum claim accepted, an application will not be refused solely on the grounds of the initial illegal entry" It is worth mentioning on your application.

Link: https://www.freemovement.org.uk/tighten ... -refugees/

chocolateorange88 · Post by **chocolateorange88** » Fri Jun 19, 2015 11:30 am

my husband applied through ncs and the HO received it lastFriday. They debited the fees today so only 7 days after receipt.

the quick debits,is 7 days or less, I've seen so far all over this forum have often lead to refusal. should we beworried?

barzi · Post by **barzi** » Wed Jun 24, 2015 8:06 pm

Hi Amber i need you're help.
I have been given a 10 year banned but i haven't been sentenced to prison and I applied for naturalization in early January 2013 and i didn't hear from them after 1 year and some months later and i was convicted of selling illegal cigarettes and i was issued community work order and a fine of 150 pounds then i received a refused Naturalization letter and a banned for 10 years and I paid a immigration lawyer 350 pounds and all they did was sent a letter to home office which was no good and i seek advice from you and I received my indefinite leave to remain after 10 years of being in the uk. so i arrived in uk in the early of 2000 and after waiting 10 years i receive the indefinite leave to remain and last year i was told i have to wait anther 10 years. so i would like to again remind you that i didn't go to prison. i was just sentenced community work order and a fine of 150 pounds. so please could you help me by give me advice on what to do. Thank you and I'm waiting on you're reply i hope to hear from you soon as possible. Thank you.

Siraj ud-Daulah · Post by **Siraj ud-Daulah** » Wed Jun 24, 2015 11:51 pm

barzi wrote:Hi Amber i need you're help.
I have been given a 10 year banned but i haven't been sentenced to prison and I applied for naturalization in early January 2013 and i didn't hear from them after 1 year and some months later and i was convicted of selling illegal cigarettes and i was issued community work order and a fine of 150 pounds then i received a refused Naturalization letter and a banned for 10 years and I paid a immigration lawyer 350 pounds and all they did was sent a letter to home office which was no good and i seek advice from you and I received my indefinite leave to remain after 10 years of being in the uk. so i arrived in uk in the early of 2000 and after waiting 10 years i receive the indefinite leave to remain and last year i was told i have to wait anther 10 years. so i would like to again remind you that i didn't go to prison. i was just sentenced community work order and a fine of 150 pounds. so please could you help me by give me advice on what to do. Thank you and I'm waiting on you're reply i hope to hear from you soon as possible. Thank you.

Were you convicted after applying for Naturalisation?

Wariko · Post by **Wariko** » Mon Jun 29, 2015 8:15 pm

Hi Amber,

Your advise and expertise are needed on my current application refusal.
I have been refused on the ground that I was claiming job seeker alowrance between 2003/2007 while my asylum case was refuse.

The case worker claily misread my employement detail history from HMRC of the last 6years provided to support my application.

I was granted DL on 2008 and claimed job seeker allowance for 6month and worked ever since.

Between the period 2003/2007 I was also reporting at the immigration 1 a month till the granted DL.

I have never made any claim between 2003/2007 as I was allowed to gain any employment or claim any benefits.

I just send a reconsideration form today, highlighting all points missed by the case workers as he didn't check with DWP/HMRC before deciding to refuse my application .

I have contacted the jobcentre today to request my JSA History, to be fowarded .

What are my chances ? Could they come back with others things ?

Post by **Amber** » Tue Jun 30, 2015 6:56 am

You should be successful, send the DWP evidence to show when you claimed JSA.

Post by **Amber** » Tue Jun 30, 2015 6:58 am

barzi wrote:Hi Amber i need you're help.
I have been given a 10 year banned but i haven't been sentenced to prison and I applied for naturalization in early January 2013 and i didn't hear from them after 1 year and some months later and i was convicted of selling illegal cigarettes and i was issued community work order and a fine of 150 pounds then i received a refused Naturalization letter and a banned for 10 years and I paid a immigration lawyer 350 pounds and all they did was sent a letter to home office which was no good and i seek advice from you and I received my indefinite leave to remain after 10 years of being in the uk. so i arrived in uk in the early of 2000 and after waiting 10 years i receive the indefinite leave to remain and last year i was told i have to wait anther 10 years. so i would like to again remind you that i didn't go to prison. i was just sentenced community work order and a fine of 150 pounds. so please could you help me by give me advice on what to do. Thank you and I'm waiting on you're reply i hope to hear from you soon as possible. Thank you.

When were you prosecuted and when did they make a decision on your application? Did you inform the Home Office of the impending prosecution?

pakhtoon 1 · Post by **pakhtoon 1** » Sun Jul 12, 2015 12:48 am

I came to this country illegally and I got my approval letter today..but I claimed asylum when I came here

foufou · Post by **foufou** » Sun Jul 12, 2015 2:44 am

pakhtoon 1 wrote:I came to this country illegally and I got my approval letter today..but I claimed asylum when I came here

congratulation mate , when you applied for naturalisation ? did u overstayed or your asylum was granted ? why u think u got approved { family member of EEA OR MARRIED TO BRITISH OR SOMME THING WAS SPECIAL ON YOUR APPLICATION } . your answers will help us , thanks

pakhtoon 1 · Post by **pakhtoon 1** » Sun Jul 12, 2015 3:23 am

foufou wrote:
pakhtoon 1 wrote:I came to this country illegally and I got my approval letter today..but I claimed asylum when I came here
congratulation mate , when you applied for naturalisation ? did u overstayed or your asylum was granted ? why u think u got approved { family member of EEA OR MARRIED TO BRITISH OR SOMME THING WAS SPECIAL ON YOUR APPLICATION } . your answers will help us , thanks

Mqny thanks... Came as 12years old in 2006 alone..claimed asylum... granted 5 years decreationary leave to remain and then ilr 2014 and then just applied for naturalisation on 3 March 2015 (no marriage or nothing) just a student and got my approval

Raj patel · Post by **Raj patel** » Mon Jul 13, 2015 1:26 am

Hi
Amber
PLEASE ADVISE ME I CAME IN UK ILLEGALLY IN MARCH 1995. SUBMIT APPLICATION ON JUNE 2009 BASED ON 14 YEAR STAY IN UK.APPLE WON IN COURT GOT ILR MAY 2015.GOING TO APPLY NATURLIZATION IN NEXT WEEK BIT CONFUSED I CAN ELIGIBLE FOR NATURLIZATION? IF I STAY IN UK & WORK CASH & HAND & I HAVENT GOT NI NO YET.GOT A BUSSINESS IN MY NAME BUT I M A COMPAY DIRECTOR.NEVER GOT PAY SLIP OR CLAIME BANIFIT OR NEVER GOT DIVIDEND.I HEARD & SAW SOME REFUSALE IF YOU ENTER OR WORK IN UK WITHIN YOUR STAY HOME OFFICE CAN REFUSE NATURLIZATION.I M IN UK NEARLY 20 YEAR SO PLEASE ADVISE ME ON THAT

ScopeD · Post by **ScopeD** » Mon Jul 13, 2015 1:23 pm

Raj patel wrote:PLEASE ADVISE ME I CAME IN UK ILLEGALLY IN MARCH 1995. SUBMIT APPLICATION ON JUNE 2009 BASED ON 14 YEAR STAY IN UK.APPLE WON IN COURT GOT ILR MAY 2015.GOING TO APPLY NATURLIZATION IN NEXT WEEK BIT CONFUSED I CAN ELIGIBLE FOR NATURLIZATION? IF I STAY IN UK & WORK CASH & HAND & I HAVENT GOT NI NO YET.GOT A BUSSINESS IN MY NAME BUT I M A COMPAY DIRECTOR.NEVER GOT PAY SLIP OR CLAIME BANIFIT OR NEVER GOT DIVIDEND.I HEARD & SAW SOME REFUSALE IF YOU ENTER OR WORK IN UK WITHIN YOUR STAY HOME OFFICE CAN REFUSE NATURLIZATION.I M IN UK NEARLY 20 YEAR SO PLEASE ADVISE ME ON THAT

I think the rules say that you should have a clean immigration record for the ten year-period prior to submitting your application. I could be wrong, but from the history you have described, I am thinking that your ten years would be up in 2019.

Raj patel · Post by **Raj patel** » Mon Jul 13, 2015 9:51 pm

ScopeD wrote:
Raj patel wrote:PLEASE ADVISE ME I CAME IN UK ILLEGALLY IN MARCH 1995. SUBMIT APPLICATION ON JUNE 2009 BASED ON 14 YEAR STAY IN UK.APPLE WON IN COURT GOT ILR MAY 2015.GOING TO APPLY NATURLIZATION IN NEXT WEEK BIT CONFUSED I CAN ELIGIBLE FOR NATURLIZATION? IF I STAY IN UK & WORK CASH & HAND & I HAVENT GOT NI NO YET.GOT A BUSSINESS IN MY NAME BUT I M A COMPAY DIRECTOR.NEVER GOT PAY SLIP OR CLAIME BANIFIT OR NEVER GOT DIVIDEND.I HEARD & SAW SOME REFUSALE IF YOU ENTER OR WORK IN UK WITHIN YOUR STAY HOME OFFICE CAN REFUSE NATURLIZATION.I M IN UK NEARLY 20 YEAR SO PLEASE ADVISE ME ON THAT
I think the rules say that you should have a clean immigration record for the ten year-period prior to submitting your application. I could be wrong, but from the history you have described, I am thinking that your ten years would be up in 2019.

I spoke one of the solicitor did mention advice me date of entry is 1995 so you eligible for Apply bcse of in court Judge & Home office & evidence mention date of entry that but now days Home office Refused bcse Applicant did established him self or work without Home office permission but my question is Its ture Home office can refuse you just on that grounds bcse you work or established within your stay its goes against you ? Please advise me

Simroz · Post by **Simroz** » Tue Jul 14, 2015 3:23 pm

Hi Amber,

I have a question. My husband came to this country on student visa in 2002.He got his work permit in 2007 and worked for that company for 1 year. Then he switched after a year to the new job and worked till 2011 ( 3 years) for that company but didn't inform home office about change of his job because his new company was not ready for apply his work permit. He sort of illegally working for that period of time. After that he switched to my dependent visa (for last 4 years) and secure his ILR on 10 year basis last year August.
My question is he wants to apply for British citizenship, but with the new checks about 10 year employment records what are the chances that he will get caught ? if he would , is there any danger to his PR status and also my son british nationality>>
I am on tier 2 now and would apply for PR March 2016.

Please help??

mkm12 · Post by **mkm12** » Wed Jul 15, 2015 11:55 am

Hi,

Due to increasing refusal rate of Naturalisation application has made me think if my previous overstay can be an issue?

So I have already submitted Naturalisation application in May on the basis of 5 years on Tier 1 and 1yr ILR. I first came in the country as student and then left. Got SEGS visa (1 year work visa issued for completing degree) from home country and came to UK. On expiry of SEGS, I filed an application to switch back to Student Category which was redused. So I requested HO for reconsideration through Lawyer, which was refused as well. So we requested for an appeal which was refused as well. So I left the country but it was overall 5 months overstay in 2007.

In 2009, I applied for Tier1 Visa from Home Country and explained my previous overstay, got Visa and so far everything is ok. I even mention it in every Visa extension for the reason of overstay. Other than that I have no conviction, tax payer and not claiming anything or done anything illegal. Got House here, my kid got British passport on the basis of my ILR. Do you think I can be the victim of Refusal based on Good Character requirement ???

Although I have already submitted application but it's making me uneasy thinking if things can go wrong ?
Thanks

Simroz · Post by **Simroz** » Wed Jul 15, 2015 4:42 pm

Simroz wrote:Hi Amber,

I have a question. My husband came to this country on student visa in 2002.He got his work permit in 2007 and worked for that company for 1 year. Then he switched after a year to the new job and worked till 2011 ( 3 years) for that company but didn't inform home office about change of his job because his new company was not ready for apply his work permit. He sort of illegally working for that period of time. After that he switched to my dependent visa (for last 4 years) and secure his ILR on 10 year basis last year August.
My question is he wants to apply for British citizenship, but with the new checks about 10 year employment records what are the chances that he will get caught ? if he would , is there any danger to his PR status and also my son british nationality>>
I am on tier 2 now and would apply for PR March 2016.

Please help??

can anyone reply ????

Daniel97 · Post by **Daniel97** » Fri Jul 17, 2015 1:52 am

Hi Amba
Can you tell me when i can apply for naturalisation,
I came to uk on 6 months visitor visa in February 2002,
Visa expired in August 2002,
Married a British citizen in May 2002,
Lodge FLRM application in July 2002,
Application refused in April 2004,
HO issued temporary admission to me,to be sign on,once every week,which i did for 5 years,
All appeals for the application of April 2004,exhausted in 2007,
Lodge another application on FLRO in 2008,on family life,while still on temporary Admission(reporting to HO once a week)
Application of 2008 (FLRO)granted in July 2009-July 2012,
Extension granted from July 2012-2015,
Indefinite granted July 2015,
Still married to the same British citizen,
So when do you think i can apply for citizenship,thanks

Raj patel · Post by **Raj patel** » Fri Jul 17, 2015 1:38 pm

Raj patel wrote:
ScopeD wrote:
Raj patel wrote:PLEASE ADVISE ME I CAME IN UK ILLEGALLY IN MARCH 1995. SUBMIT APPLICATION ON JUNE 2009 BASED ON 14 YEAR STAY IN UK.APPLE WON IN COURT GOT ILR MAY 2015.GOING TO APPLY NATURLIZATION IN NEXT WEEK BIT CONFUSED I CAN ELIGIBLE FOR NATURLIZATION? IF I STAY IN UK & WORK CASH & HAND & I HAVENT GOT NI NO YET.GOT A BUSSINESS IN MY NAME BUT I M A COMPAY DIRECTOR.NEVER GOT PAY SLIP OR CLAIME BANIFIT OR NEVER GOT DIVIDEND.I HEARD & SAW SOME REFUSALE IF YOU ENTER OR WORK IN UK WITHIN YOUR STAY HOME OFFICE CAN REFUSE NATURLIZATION.I M IN UK NEARLY 20 YEAR SO PLEASE ADVISE ME ON THAT
I think the rules say that you should have a clean immigration record for the ten year-period prior to submitting your application. I could be wrong, but from the history you have described, I am thinking that your ten years would be up in 2019.

I spoke one of the solicitor did mention advice me date of entry is 1995 so you eligible for Apply bcse of in court Judge & Home office & evidence mention date of entry that but now days Home office Refused bcse Applicant did established him self or work without Home office permission but my question is Its ture Home office can refuse you just on that grounds bcse you work or established within your stay its goes against you ? Please advise me

Hi
Please advise me still wating for reaply & also please let me know if home office refuse can you do judicial Review on that & what sort of chances to win the judicial Review & or I like meet if you are the solicitor firm I like to meet up or get a appointment regard the issue. I don't mine to pay a charges as well please reaply me thanks

Zoltan2222 · Post by **Zoltan2222** » Fri Jul 17, 2015 4:43 pm

Hello eveyone, can someone answer me a question about british ciizenship or passport I am from Eu(hungary) working in the uk since november 2006)I have all my p60 ni number since and ni contributions, my son was born june 2015 in the uk.he is not eligible for uk passport because apperantly I didnt register for Wrs then (I didnt even know I have to as I came from Eu state) since april 2011 wrs for my country didnt exist, apperantly I worked unlawfully in the uk in last 9 years because I didnt register (what I find a joke category) my question is no way my boy get brisih citizenship without my wrs? Will he get BC In may 2016 because it will be 5 years past since we didnt need to register.thank you

foufou · Post by **foufou** » Fri Jul 17, 2015 9:29 pm

hi guys .as I was expected I received my refusal letter today . I apply in the end of January . used ncs who they called the ho ,the adviser told the lady at ncs that I can apply if I can prove some extra papers mainly about my wife , any way the reason were 2 things boths were not realy true
1- been illegal for 5 years ,that was not true as I claimed asylum seeker on the first day and my application was refused after 3 years so I was illegally for 2 years not 5 and they never menschen that I claimed asylum on my arrival and I was offered a temporary stay the adviser on phone with ncs was aware about this and said u can apply
2- I provided with documents clearly show I was working illegally( never said when or wish period) . not true and I think they talking about the period when I apply for residence card (they give me a letter state that I can work wile my application on progress and im legaly now so I find job one week after I received the latter) and the date when I received my residence card that was 11 months later .
any advise please

ALI AHMED · Post by **ALI AHMED** » Sat Jul 18, 2015 1:04 am

hi Amber

i have a question about a new rule ( 10 years ban ) .
i have entered the UK illegal on 2008 and i claimed asylum on the same day
my application has been successful and i have been given 5 years Refugee Status ended on 2013 and then ILR on 2014
can i apply now for citizenship or this new rule rule prevent me ??
many thanks in advance
Ali

t123456789 · Post by **t123456789** » Sat Jul 18, 2015 11:21 am

ALI AHMED wrote:hi Amber

i have a question about a new rule ( 10 years ban ) .
i have entered the UK illegal on 2008 and i claimed asylum on the same day
my application has been successful and i have been given 5 years Refugee Status ended on 2013 and then ILR on 2014
can i apply now for citizenship or this new rule rule prevent me ??
many thanks in advance
Ali

You should be fine.

Simroz · Post by **Simroz** » Mon Jul 20, 2015 9:52 am

Hi Amber,

I have a question. My husband came to this country on student visa in 2002.He got his work permit in 2007 and worked for that company for 1 year. Then he switched after a year to the new job and worked till 2011 ( 3 years) for that company but didn't inform home office about change of his job because his new company was not ready for apply his work permit. He sort of illegally working for that period of time. After that he switched to my dependent visa (for last 4 years) and secure his ILR on 10 year basis last year August.
My question is he wants to apply for British citizenship, but with the new checks about 10 year employment records what are the chances that he will get caught ? if he would , is there any danger to his PR status and also my son british nationality>>
I am on tier 2 now and would apply for PR March 2016.

Please help??[/quote]

can anyone reply ????[/quote]

Please Amber Help

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