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

[mavdi]

Hi Amber,
can you advise me in my case regarding British naturalization application as a refugee? my immigration history is as below:

Enter UK with student visa
Applied asylum without passport ( the agent took passport from me at the airport and disappeared)
Granted Rfugee status in a month time
Got ILR after 5 years
Submitted Naturalization application after 1 year ( submitted June 2015)
No criminal history , no absences etc
...............................................................
Do you think I can be refused citizenship due to this good character requirement of illegal entry?? I think there are thousands if similar cases , so your suggestion would be beneficial to a lot of people. Thanks

You have nothing to worry about. Your case will almost certainly be granted according to new criteria.

[Rassel]

Topic was:
Illegal Entry &
Illegal Migration, Illegal Workers
Not refuge status. If you have valid reason you can apply for asylum at any time during your valid leave, will be accepted. Its all depended on situation and circumstance. All case are not same.
We all knew, Conservative want to control immigration thats it.

[NeoM]

Hi Amber

I recently applied for citizenship and have held ILR for three years, this morning however I received a letter stating that I may not have met the good character requirements. I arrived in the UK on the 21st Dec 2005 on a 2 year working holiday visa, I subsequently applied for a student visa and this was refused in January 2008. I overstayed until I left voluntarily at my own expense in March 2010. My then girlfriend and I were married in June 2010 and I was granted a spousal visa and 2 years later the ILR.

The home office requires me to state why I overstayed, how I supported myself or whether I was working. This is the only hurlde in my application as I have met all the requirements.

Kindly advise.

Thanks.

[Casa]

"10 year ban from applying for citizenship from the period in which the applicant became known to the Home Office."

[brahamo123]

Same thing happen to me got refused because of the 10 years rules,,last week
I Was married to a British citizen .. Granted ilr in 2011 applied for naturalisation last year may ,, it took them 1 year and 3 months after I was told to contact my mp who did get in contact with them why is taking that long .. After they told me sorry not a good character .. And the you can apply next year after June .not befor june ,, . And they said they goannas end me a cheque of £80 ,,

[brahamo123]

Pissed off man...I am
They sent me a letter of reconcederation should I consult a lawyer or just apply again after June 2006 .. Advice please ..
Many thanks

[Casa]

Pissed off man...I am
They sent me a letter of reconcederation should I consult a lawyer or just apply again after June 2006 .. Advice please ..
Many thanks

After June 2006?

[brahamo123]

-in 2000 enter to UK illegally ,, after 3 months decided to apply for asylum
In 2000 go refused asylum , asked to leave the country .. But I did stay
In 2006 back home applied for fiancée visa,, refused
In 2008 got married to a British citizen .. Apllied for spouse visa and got refused
Appealed against the decision waited a year and half since the married
In 2009 granted a spouse visa
In 2011 granted ilr
In dec 2011 got divorced
In 2014 may applied for naturalisation
In 2015 August refused ( good character / 10 years rules )

My question is in the refused letter the state that it's makes no sense applying before June 2016
That means I can apply after 2016 .. Therefore their calculation of the 10 years started when I applied for fiancée visa which I was not in the country .. Until 2009 ,, I.m afraid to apply in 2016 July and they will refuse my application because I wasn't in the country until 2009 .. Do I have to wait till 2019or apply next year ..
Any advice are welcome
Many thanks in advance

[CR001]

-in 2000 enter to UK illegally ,, after 3 months decided to apply for asylum
In 2000 go refused asylum , asked to leave the country .. But I did stay
In 2006 back home applied for fiancée visa,, refused
In 2008 got married to a British citizen .. Apllied for spouse visa and got refused
Appealed against the decision waited a year and half since the married
In 2009 granted a spouse visa
In 2011 granted ilr
In dec 2011 got divorced
In 2014 may applied for naturalisation
In 2015 August refused ( good character / 10 years rules )

My question is in the refused letter the state that it's makes no sense applying before June 2016
That means I can apply after 2016 .. Therefore their calculation of the 10 years started when I applied for fiancée visa which I was not in the country .. Until 2009 ,, I.m afraid to apply in 2016 July and they will refuse my application because I wasn't in the country until 2009 .. Do I have to wait till 2019or apply next year ..
Any advice are welcome
Many thanks in advance

It is 10 years ban for applying from the date you left the UK as an overstayer. To qualify in 2016 on the residence requirements, you would need to have been in the UK in 2011.

[brahamo123]

thanks for replying

Is that means I can apply after June 2016 ?

[brahamo123]

Pissed off man...I am
They sent me a letter of reconcederation should I consult a lawyer or just apply again after June 2006 .. Advice please ..
Many thanks

After June 2006?

Silly me I meant 2016 ..

[brahamo123]

Pissed off man...I am
They sent me a letter of reconcederation should I consult a lawyer or just apply again after June 2006 .. Advice please ..
Many thanks

After June 2006?

Silly me I meant 2016 ..

[NeoM]

Has anyone been naturalised successfully even though they had overstayed in the last ten years?
I'm thinking of withdrawing my application.

Please help.

[chocolateorange88]

Has anyone been naturalised successfully even though they had overstayed in the last ten years?
I'm thinking of withdrawing my application.

Please help.

If you don't mind, how long did you overstay?

[Casa]

It appears just over 2 years overstay:
I arrived in the UK on the 21st Dec 2005 on a 2 year working holiday visa, I subsequently applied for a student visa and this was refused in January 2008. I overstayed until I left voluntarily at my own expense in March 2010

[vxt22]

I wrote to UKV1 on 10 June re their refusal of my husband's application for British Citizenship due to the good character requirement (supposed breach). My issue is that at the time we applied i.e. August 2014, he would've been granted citizenship on those guidelines but they obviously changed the guidelines in December 2014 which means they refused on the basis he had been in the country illegally at one point (admitted). I have threatened them with judicial review if they do not reconsider their decision. They have not responded to my letter of 10 June. I believe JR must be brought within 3 months of the decision. Do I wait for them to reconsider the decision before I bring a JR or do I do it before 10 September 2015 in accordance with the refusal decision?

Please advise.

Thanks

[Siraj ud-Daulah]

I wrote to UKV1 on 10 June re their refusal of my husband's application for British Citizenship due to the good character requirement (supposed breach). My issue is that at the time we applied i.e. August 2014, he would've been granted citizenship on those guidelines but they obviously changed the guidelines in December 2014 which means they refused on the basis he had been in the country illegally at one point (admitted). I have threatened them with judicial review if they do not reconsider their decision. They have not responded to my letter of 10 June. I believe JR must be brought within 3 months of the decision. Do I wait for them to reconsider the decision before I bring a JR or do I do it before 10 September 2015 in accordance with the refusal decision?

Please advise.

Thanks

Hi vxt22,

Interesting, I found Home Office treating any outstanding application with new rule regardless of the submission date.

However, there is no harm pressing ahead with the JR. I say, go first, go fast, go for it. Fortune favours the brave. Keep us posted, please.

Godspeed,
Siraj

[Obie]

I wrote to UKV1 on 10 June re their refusal of my husband's application for British Citizenship due to the good character requirement (supposed breach). My issue is that at the time we applied i.e. August 2014, he would've been granted citizenship on those guidelines but they obviously changed the guidelines in December 2014 which means they refused on the basis he had been in the country illegally at one point (admitted). I have threatened them with judicial review if they do not reconsider their decision. They have not responded to my letter of 10 June. I believe JR must be brought within 3 months of the decision. Do I wait for them to reconsider the decision before I bring a JR or do I do it before 10 September 2015 in accordance with the refusal decision?

Please advise.

Thanks

There is a reconsideration route, and if that fails, you have the JR, the court at JR may consider that you have not exhausted your available remedy.

[vxt22]

Thank you both for your input and clarifying the position.

I'm just wondering how long they will take to come back with a reconsideration decision, since I requested this on 10 June and nothing seems forthcoming as yet.

I guess this is the pace they work...

Thanks

[Casa]

I wonder whether they will respond to you as it was your husband's BC application. Did you submit Form NR with the £80 reconsideration fee?
https://www.gov.uk/government/uploads/s ... orm-nr.pdf

[vxt22]

Hi Casa

All documents were in my husbands name in the prescribed format.

Thanks

vxt22

[beloved]

[quote="NeoM"]Has anyone been naturalised successfully even though they had overstayed in the last ten years?
I'm thinking of withdrawing my application.

Please help.

@ NeoM i think you should write back to HO stating your reason for overstaying. some times they want to apply their own discretion to grant you the approval. please be careful not to state that you were working during the period you overstayed. Because sometimes the case worker want to satisfy him/her self that you were not working illegally. if you do then they can use that for the basis of the refusal. you can say some one was supporting you and you did not work during that period. but make sure you give them a reason why you overstayed. May God grant you favour and all the best.

keep us posted.

[Casa]

If you lie about employment in the application or in an interview you face an automatic ban for deception. Employment is easily traceable and fictitious financial support will stand out a mile!

[Rassel]

Any one can guide me please:
I’m holding refugee ILR.
British Nationality was refuse ground of “Good Character Requirement” on June 2015. The are not counting Temporary Admission by home office (during my asylum case), that’s call over stay!! and say apply after march 2018.
From day 1 i follow and respect the law rules and regulations in my life.

Apply for reconsideration on June 2015 passing more then 2 month.

My father is seriously sick, I don’t know, i can see him or not.
My lawyer say “don’t worry you’ll be receive approval. But i’m losing my hope.

I did check online for Priority request: medical emergency the are allow if you have evidence. Which i can provide.

What you suggest me How i can visit my home country to see my father for a week. Did check ILR travel document is Black and cost me £382. And don’t know how long it will take? My Blue travel document is already expire.

Your valuable suggestion will change my life and release my stress.

Thanks.

[mitulan9]

Hi,
I have applied for naturalisation in March this year.I just receive letter last week asking as to what I have done to regularise my stay from Nov 2001-Nov 2005 after appeal for asylum exhausted in 2001 November.My time line as follow.

1999: entered UK claim asylum,given temporary admission
2001: Asylum refused in court.I was futher given temporary admission every 6 months with work allowed
2004 : I was sent letter to attend reporting centre every months and work prohibited.
2005 Nov: Applied for family member for EEA which was successful.
Jan 2006 : ARC returned to asylum centre after informing them during reporting in January EEA visa.

My problem: The nationality officer is asking how did I regularise my stay from 2001-Nov 2005.I attended every reporting session.I do not have any evidence with me as ARC was returned.This was more than 10 years ago so most of paperwork most probably lost.I got few temporary admission copy from my lawyer.My lawyer informed me if I got letter from homeoofice which stating that I have attended every reporting session as required it will be helpful.The reporting centre that I went 10 years ago is no longer available.I went to main home office only to be rerouted to various phone number which is pretty useless. Is there any other way I can get this letter.I was only given 3 weeks more to submit this evidence which is not fair as surely homeoffice will be able to see my previous records as the reference number is same.Please advise me further.