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

foufou · Post by **foufou** » Fri Nov 27, 2015 12:38 am

today the home office released the immigration statistic , and the number of the citizenship application refused were the highest then ever , not surprised as me one of them

HelloitsmeAbby · Post by **HelloitsmeAbby** » Fri Nov 27, 2015 4:35 am

Why was you refused FouFou

vxt22 · Post by **vxt22** » Fri Nov 27, 2015 7:48 pm

My husband's request for reconsideration has been rejected.

In a nutshell, we applied last year, December they changed the guidelines and rejected his application on the basis of the good character requirement saying that he had been in the country illegally (he did enter illegally in 2007 - we married 2011 and then took steps to legalise his stay). Apparently when he asked them to remove him from UK to his home land (all part of legalising his stay) he admitted to doing odd jobs for some Polish guys so they are saying he was working illegally too.

I wrote to the Home Office asking them to reconsider his application for citizenship on the basis that if they had made their decision on the guidelines prior to August 2014, that my husband would've got citizenship. They are sticking to their guns. I'm not sure what I can do - can anyone please advise?

Many thanks.

Rassel · Post by **Rassel** » Fri Nov 27, 2015 9:22 pm

I send my reconsideration on June 2015

after 2 rejection i'm also lose my hope.

Now i'm mentally prepared for rejection.

avjones · Post by **avjones** » Sat Nov 28, 2015 3:42 am

vxt22 wrote:My husband's request for reconsideration has been rejected.

In a nutshell, we applied last year, December they changed the guidelines and rejected his application on the basis of the good character requirement saying that he had been in the country illegally (he did enter illegally in 2007 - we married 2011 and then took steps to legalise his stay). Apparently when he asked them to remove him from UK to his home land (all part of legalising his stay) he admitted to doing odd jobs for some Polish guys so they are saying he was working illegally too.

I wrote to the Home Office asking them to reconsider his application for citizenship on the basis that if they had made their decision on the guidelines prior to August 2014, that my husband would've got citizenship. They are sticking to their guns. I'm not sure what I can do - can anyone please advise?

Many thanks.

There is nothing cheap or easy to do here.

There is no right of appeal against a decision to refuse nationality. The only possible route is judicial review, which would be difficult and expensive. And your husband is a very long way outside the new guidance, I'm afraid.

Post by **Casa** » Sat Nov 28, 2015 8:25 am

As British citizenship is a granted as a privilege and not a right, you have no grounds for appeal, only a judicial review. A formal request for reconsideration would be £80, but it seems that you may not have completed the reconsideration form and paid the fee, but simply sent a letter. Not that I believe that applying formally would have made any difference.

vxt22 · Post by **vxt22** » Sat Nov 28, 2015 11:24 am

Thank you both for your responses. I did make a formal reconsideration request. I am thinking that perhaps there is no point in making an application for judicial review in the circumstances. I wish I knew a good immigration lawyer who would be reasonable with fees - any ideas anyone please? Thanks

Post by **Casa** » Sat Nov 28, 2015 12:24 pm

If you're not going for a judicial review, paying for legal advice won't achieve anything. As I've mentioned previously, unlike visa applications British citizenship is a privilege and the Home Office have a right to refuse if they choose to. Your husband will have to wait for the 10 year period to pass before reapplying.

vxt22 · Post by **vxt22** » Sat Nov 28, 2015 7:13 pm

Sorry but I was wanting legal advice re judicial review. I'm a bit ignorant. I cannot understand why it is expensive if the application fee is £80?

Post by **CR001** » Sat Nov 28, 2015 7:22 pm

vxt22 wrote:Sorry but I was wanting legal advice re judicial review. I'm a bit ignorant. I cannot understand why it is expensive if the application fee is £80?

£80 is the fee for a reconsideration of a refused application by Home Office and reconsideration IS NOT judicial review.

Judicial review is a completely different expensive process and there is still no guarantee of success and legal fees will cost you quite a bit.

Post by **Casa** » Sat Nov 28, 2015 7:23 pm

You're confusing a judicial review with a request to the Home Office for a re-consideration. The fee for the latter is £80
This link explains a judicial review:
https://www.judiciary.gov.uk/you-and-th ... al-review/

Edit: Beaten by 'speedy fingers' CR001

tnge2015 · Post by **tnge2015** » Sun Nov 29, 2015 8:50 am

Hi Amber

Could you give me an advice please? I would like to ask if I have a chance to succeed for British citizenship under new rule good character. My situation as below -

1. Illegal entry in June 2009
2. Applied Asylum the day after arrived in UK
3. Refused Asylum in July 2009, appealed, HO withdraw refusal decision in Aug 2009 before court appointment and got humanitarian protection in Sep 2009
4. Applied ILR Aug 2014 and received ILR in Dec 2014
5. I do not have any criminal record or convictions since arrived in UK
6. I have not applied for certificate of travel as I can't afford at that time

Do I need to wait until June 2019? I asked Nationality Checking Service, they said I am not eligible.

Please help. Many thanks

Mahm256 · Post by **Mahm256** » Tue Dec 01, 2015 4:51 pm

tnge2015 wrote:Hi Amber

Could you give me an advice please? I would like to ask if I have a chance to succeed for British citizenship under new rule good character. My situation as below -

1. Illegal entry in June 2009
2. Applied Asylum the day after arrived in UK
3. Refused Asylum in July 2009, appealed, HO withdraw refusal decision in Aug 2009 before court appointment and got humanitarian protection in Sep 2009
4. Applied ILR Aug 2014 and received ILR in Dec 2014
5. I do not have any criminal record or convictions since arrived in UK
6. I have not applied for certificate of travel as I can't afford at that time

Do I need to wait until June 2019? I asked Nationality Checking Service, they said I am not eligible.

Please help. Many thanks

Under HO new good character guidelines, your case can be considered under discretion of the immigration officer. Illegal presence periods under 30 days qualify for a discretion and periods over 30 days but under 60 days require special circumstance reasons for the discretion to be exercised. Anything over 60 days, the chances of success are very minimal

A number of people who entered UK illegally but applied for asylum subsequently on arrival have had their citizenship applications granted since the new rules

tnge2015 · Post by **tnge2015** » Fri Dec 04, 2015 10:30 pm

Many Thanks for reply. Mahm256

t123456789 · Post by **t123456789** » Fri Dec 04, 2015 10:49 pm

tnge2015 wrote:Many Thanks for reply. Mahm256

Also, what was your age when you entered in 2009? If you were a minor then it'll count in your favour. There are a few cases on the board where people have been granted citizenship because they applied immediately for asylum. Based on your timeline I think you're fine.

tnge2015 · Post by **tnge2015** » Tue Dec 08, 2015 7:36 am

t123456789 wrote:
tnge2015 wrote:Many Thanks for reply. Mahm256
Also, what was your age when you entered in 2009? If you were a minor then it'll count in your favour. There are a few cases on the board where people have been granted citizenship because they applied immediately for asylum. Based on your timeline I think you're fine.

Hi t123456789

Many thanks for your reply. I wasn't minor in 2009. I will apply in next a couple of months and post the result to help other people who may be in the same situation as me.

crocop007 · Post by **crocop007** » Fri Dec 11, 2015 4:51 pm

hi. i just want to share my experience and hope that might help someone. i had an appointment with Sheffield NCS due to apply Citizenship 2 adult and 3 kids(born in UK) and i was advised not to apply because of illegal entry, after short stress and talk with family we decided to go with it so as i said i have entered to the UK in 2006 illegally and claimed asylum same day, in 2007 i was refused and won it from court in 2008. in june 2013 i had my ILR and n May 2015 i have applied Citizenship. After 6 month i had letter from HO saying that my case cannot be done within 6 month because of exceptional complex issues and they need some more time and After one month i have received my Brown Envelop

. Very Happy

I know is it very stressful but it is worth waiting
this is my FINAL TIMELINE:
Eligibility criteria: 7 years + ILR 2 year
Method of application: NCS Sheffield
Date of application: 19/05/2015
Payment method: Debit Card
Date of receipt by UKBA: 15/06/2015
Date of Biometrics : 15/06/2015
Date of approval : 04/12/2015
Date approval received: 11/12/2015
Date of ceremony: to be booked

i wish every body one day will recieve their brown envelops

Rassel · Post by **Rassel** » Fri Dec 11, 2015 11:16 pm

Congratulation

during refuse your asylum application did get support form H/O.
or your self?

crocop007 · Post by **crocop007** » Sat Dec 12, 2015 4:42 am

Rassel wrote:Congratulation

during refuse your asylum application did get support form H/O.
or your self?

thank you. from HO

vxt22 · Post by **vxt22** » Sun Dec 13, 2015 8:45 pm

Does anyone know anyone that may be able to give me some advice about judicial review. I just want to know whether it's worth putting an application in or determine whether I'm wasting my time.

Please can someone let me know.

Thanks

foufou · Post by **foufou** » Sun Dec 13, 2015 10:16 pm

vxt22 wrote:Does anyone know anyone that may be able to give me some advice about judicial review. I just want to know whether it's worth putting an application in or determine whether I'm wasting my time.

Please can someone let me know.

Thanks

now I think is a good chance if u go for a judicial review , after last week the high court decision , wish the home secretary decision to refuse british citizenship to the family of a fail asylum seeker has been declared unlawful by the high court , and the famous phrase used by the home office ( BRITISH CITIZENSHIP A PRIVILEGE NOT A RIGHT ) didn't help at the court , good luck if u r confident & have enough evidences to convince the judge and u will make the history wish change too many people lives

t123456789 · Post by **t123456789** » Sun Dec 13, 2015 10:51 pm

foufou wrote:
vxt22 wrote:Does anyone know anyone that may be able to give me some advice about judicial review. I just want to know whether it's worth putting an application in or determine whether I'm wasting my time.

Please can someone let me know.

Thanks
now I think is a good chance if u go for a judicial review , after last week the high court decision , wish the home secretary decision to refuse british citizenship to the family of a fail asylum seeker has been declared unlawful by the high court , and the famous phrase used by the home office ( BRITISH CITIZENSHIP A PRIVILEGE NOT A RIGHT ) didn't help at the court , good luck if u r confident & have enough evidences to convince the judge and u will make the history wish change too many people lives

This case has absolutely nothing to do with this. Don't recommend people go for JR when you don't know what you're talking about.

For those that don't know, you can read about it here. In short the people involved qualified for citizenship (they are the wife and children) but were refused because the husband was not of good character. Obviously (except to the HO apparently) other people's good character has nothing to do with your own, hence the win.

As for a JR, a JR cannot grant your husband citizenship. The court will only decide whether the HO applied the rules correctly and if the rules themselves are lawful. If you win, the HO will have to reconsider your husband's case but that doesn't mean he will be given citizenship. He could be refused again.

I'll also just add that even if the rules seem unfair, that doesn't necessarily make them unlawful.

foufou · Post by **foufou** » Mon Dec 14, 2015 1:11 pm

t123456789 wrote:
foufou wrote:
vxt22 wrote:Does anyone know anyone that may be able to give me some advice about judicial review. I just want to know whether it's worth putting an application in or determine whether I'm wasting my time.

Please can someone let me know.

Thanks
now I think is a good chance if u go for a judicial review , after last week the high court decision , wish the home secretary decision to refuse british citizenship to the family of a fail asylum seeker has been declared unlawful by the high court , and the famous phrase used by the home office ( BRITISH CITIZENSHIP A PRIVILEGE NOT A RIGHT ) didn't help at the court , good luck if u r confident & have enough evidences to convince the judge and u will make the history wish change too many people lives
This case has absolutely nothing to do with this. Don't recommend people go for JR when you don't know what you're talking about.

For those that don't know, you can read about it here. In short the people involved qualified for citizenship (they are the wife and children) but were refused because the husband was not of good character. Obviously (except to the HO apparently) other people's good character has nothing to do with your own, hence the win.

As for a JR, a JR cannot grant your husband citizenship. The court will only decide whether the HO applied the rules correctly and if the rules themselves are lawful. If you win, the HO will have to reconsider your husband's case but that doesn't mean he will be given citizenship. He could be refused again.

I'll also just add that even if the rules seem unfair, that doesn't necessarily make them unlawful.

I know what i'm talking about MR home office's spoke man ,because I been in JR before, how u said is nothing to do with this case if the ground of the refusal was same ( the good character ) and the judge did not take the citizenship as a privilege , the home office now refusing 1000's of applicants in the good character some of them are a real joke , if I fled my country of origine to here and I was afraid to go back and I stayed illegally u call me a bad character and u give me another panachement ,is that right ? the 11/12/2014 report was taken from the daily mail news paper and has nothing to do with the rules , the way the judge look at the things are different how the home office look at it , I saw some high court decisions is shocking decisions , so if u confident and have enough evidences why not ?

IntelligentGoon · Post by **IntelligentGoon** » Mon Dec 14, 2015 4:16 pm

I called the home office and I was told to wait
Till 2019 but NCS said I can apply.
Haven't applied yet just wanted to be sure
Because I don't wanna lose my money.

My story is as follows:
Entered the UK illegally in March 2009 and
I claimed asylum the minute I landed at
Heathrow airport. Was refused in July 2009 and
I appealed within the given 28days and
went to court in August and I won
The case in August 2009.
Got ILR December 2014. No criminal
Record and I work professionally as a lecturer.
Any advice here?

imaner · Post by **imaner** » Mon Dec 14, 2015 6:49 pm

IntelligentGoon wrote:I called the home office and I was told to wait
Till 2019 but NCS said I can apply.
Haven't applied yet just wanted to be sure
Because I don't wanna lose my money.

My story is as follows:
Entered the UK illegally in March 2009 and
I claimed asylum the minute I landed at
Heathrow airport. Was refused in July 2009 and
I appealed within the given 28days and
went to court in August and I won
The case in August 2009.
Got ILR December 2014. No criminal
Record and I work professionally as a lecturer.
Any advice here?

Have a look at crocop007's post(4~5 posts before yours), might be helpful
BTW, were you granted 5-year refugee leave to remain?

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