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There is nothing cheap or easy to do here.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.
£80 is the fee for a reconsideration of a refused application by Home Office and reconsideration IS NOT judicial review.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?
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 minimaltnge2015 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
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 wrote:Many Thanks for reply. Mahm256
t123456789 wrote: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 wrote:Many Thanks for reply. Mahm256
thank you. from HORassel wrote:Congratulation
during refuse your asylum application did get support form H/O.
or your self?
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 livesvxt22 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
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.foufou wrote: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 livesvxt22 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
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 ?t123456789 wrote: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.foufou wrote: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 livesvxt22 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
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.
Have a look at crocop007's post(4~5 posts before yours), might be helpfulIntelligentGoon 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?