Unsuccessful Naturalisation Application.

[rella5]

Hi Guys,

My Citizenship application was refused based on what they called ' breaching of the immigration laws at any time during your 'qualifying period' of residence.

Quoting the section: ' As you were in the UK in breach of the immigration laws from xx may 2013,(when leave was refused for an in time application) to xx july 2013(date you were granted further leave), this requirement is not met.

I put in an application in June 2012 with my family and variation was made to that application few months after while the application was in.

No documents was posted back to us until a decision was reached for my wife almost a year after.

No letters was sent to me before this time. I latter made an application for extension and part of the issue they raised back then was this same breach at a premium centre. I argued and backed with a covering letter which they accept and application was granted.
2 years after my ILR was granted,,,

I want to write them for reconsideration on this ground...

How do I go about this please???

[ilr2014test]

When did you apply and when was it refused??

[rella5]

When did you apply and when was it refused??

I applied in August 2015 and got a letter on the 5th December 2015

[rella5]

Hi Guys,

Does any one know the timeline for naturalization reconsideration?? (Form NR)

My Citizenship application was refused and have written them to reconsider.

Thanks.

[secret.simon]

What was the basis of refusal? On what basis did you ask them to reconsider?

[rella5]

Thank you.

Quoting the section: ' As you were in the UK in breach of the immigration laws from xx may 2013,(when leave was refused for an in time application) to xx July 2013(date you were granted further leave), this requirement is not met.

I put in an application in June 2012 with my family and variation was made to my wife 's application few month after(main applicant)while the application was in. A letter was latter sent to my wife that the earlier application has been voided. No letter was sent to me !

No documents was posted back to us until a decision was reached for my wife almost a year after.

I latter made an application for extension(dependant) and part of the issue they raised back then was this same breach at a premium center. I argued and backed with a covering letter which they accept and application was granted. The same issue raised at the premium centre.

I thought since there was no issue raised during my ILR application this issue must have been rectified..but it comes back again!

I have filled the NR form and backed with a letter that during those time my documents were not returned to me.
2 years after my ILR was granted,,,

Now they are saying I have breached immigration rule for that period when the earlier application was voided to the time when I got next extension.

[geriatrix]

There is no stated / suggested timeframe for reconsideration application. Reconsideration is done at HO's pleasure and may take at least 6-12 months if not more.
If you hear anything before that, consider yourself "very" lucky.

[rella5]

That is very serious!!!

[Rassel]

Get help from expert immigration lawyer. Don't lose hope.

[rella5]

Hey Guys,

Merry Xmas!

Can anyone help here...

If ones documents(Passport&rest) are by mistake or deliberately held by HO, has such person overstayed in such period??

Thanks

[geriatrix]

If the person's leave expires during such period, then I believe yes.
It is possible to make an immigration application without the passport & BRP, with the explanation that the passport & BRP are in HO's possession.

[rella5]

If the person's leave expires during such period, then I believe yes.
It is possible to make an immigration application without the passport & BRP, with the explanation that the passport & BRP are in HO's possession.

Thanks for the quick response.

We had an application in as a family(Me, a dependant) My wife later made a change to the application under process..that voided mine but my documents were never returned to me till my wife got a decision.

I called the HO immediately I got my passport and they said I have not breached any rule. Further Leave was grated and ILR was also granted 2 years after. Naturalisation then denied on this ground!

[geriatrix]

So why did you not vary your application when your wife requested for her own application to be varied?
Unless you write down the sequence of events with necessary details and dates, no once can tell you who is/was at fault - you or HO.

[narsii]

Hi All,

I have a similar history in the past , My application was refused and I had to take it to tribunal and get my approval ( http://www.immigrationboards.com/uk-tie ... 17679.html) link provided.

Will it be considered as a breach of Immigration law ? Please advise .

Regards,
Narsii

[rella5]

So why did you not vary your application when your wife requested for her own application to be varied?
Unless you write down the sequence of events with necessary details and dates, no once can tell you who is/was at fault - you or HO.

Thanks for your time.
I was a dependent and we always renewed together. It all happened around may 2012, My wife needed one month to complete a 10 yr residency and also to complete her course in the Uni hence the extension. while that was under process she made a variation to a 10 yr long residency application.
At that time my application was also in and there was nothing I could do until hers goes through. HO never sent my docs..tho my wife mention me in the variation.

It was a bit tricky!

[CR001]

If your wife varied her application to ILR 10 years long residence, you would have had to submit an application or vary your application to FLR(M) at the same time.

Long residence applications for ILR does not permit dependents.

[rella5]

If your wife varied her application to ILR 10 years long residence, you would have had to submit an application or vary your application to FLR(M) at the same time.

Long residence applications for ILR does not permit dependents.

No knowledge of that. Lawyer too had no clue!

Be that as it may, what chance do I have here?? and Can I still apply when my ILR reaches 1 year or I still have to follow the dependent route to naturalize?? their letter says I may have to wait till 2018..tho I had sent in NR form with my argument being docs were not sent back to me those times they were considering as breaking a rule.

[noajthan]

...

We had an application in as a family(Me, a dependant) My wife later made a change to the application under process..that voided mine but my documents were never returned to me till my wife got a decision.

I called the HO immediately I got my passport and they said I have not breached any rule. Further Leave was grated and ILR was also granted 2 years after. Naturalisation then denied on this ground!

Did you receive any written confirmation of such a conversation & reassurance?
Very unreliable to rely on someone's say so by phone, especially HO helpline.

As the AN booklet (section 3) explains, any breaches or concessions made at ILR stage do not guarantee such factors will be overlooked (or same concessions will be granted) when it comes to privilege of citizenship.

[Casa]

As fellow moderator sushdmehta has previously commented, if you call the HO 'helpline' 10 times, you're very likely to be given 10 different answers.

[rella5]

No written confirmation from HO, just general inquiry!

This same issue was overlooked at Cardiff PEO when I extended my leave to remain.

Thanks for all your response.

[rella5]

As fellow moderator sushdmehta has previously commented, if you call the HO 'helpline' 10 times, you're very likely to be given 10 different answers.

Shame!

[rella5]

...

We had an application in as a family(Me, a dependant) My wife later made a change to the application under process..that voided mine but my documents were never returned to me till my wife got a decision.

I called the HO immediately I got my passport and they said I have not breached any rule. Further Leave was grated and ILR was also granted 2 years after. Naturalisation then denied on this ground!

Did you receive any written confirmation of such a conversation & reassurance?
Very unreliable to rely on someone's say so by phone, especially HO helpline.

As the AN booklet (section 3) explains, any breaches or concessions made at ILR stage do not guarantee such factors will be overlooked (or same concessions will be granted) when it comes to privilege of citizenship.

Back to my question...should I then wait for a while and see what they say again. If it comes good then happy days to me..if its goes same way , could I now re-apply when my ILR reaches 1 year and apply as normal or this same breach will still apply???

[geriatrix]

Quoting the section: ' As you were in the UK in breach of the immigration laws from xx may 2013,(when leave was refused for an in time application) to xx july 2013(date you were granted further leave), this requirement is not met.

Assuming the period in question was spent in the UK as an overstayer, you should re-apply only after xx-July-2016 provided your wife becomes a British citizen by then (if she isn't already). Or apply after xx-July-2018 in your own right after completing 5 years of "legal" residence.

The above will be possible if the "10 year ban" does not apply in your case (that I am unsure of, so will let others correct me). And, if it does, is there a possibility of discretion?

[rella5]

Quoting the section: ' As you were in the UK in breach of the immigration laws from xx may 2013,(when leave was refused for an in time application) to xx july 2013(date you were granted further leave), this requirement is not met.

Assuming the period in question was spent in the UK as an overstayer, you should re-apply only after xx-July-2016 provided your wife becomes a British citizen by then (if she isn't already). Or apply after xx-July-2018 in your own right after completing 5 years of "legal" residence.

The above will be possible if the "10 year ban" does not apply in your case (that I am unsure of, so will let others correct me). And, if it does, is there a possibility of discretion?

Thank you.

They actually silent on hint applying in July 2016. I do not think the 10yr ban applies bcos they stated 'you can only apply by 2018'

Wife is British now and those times I was in the Uk.

[rella5]

Quoting the section: ' As you were in the UK in breach of the immigration laws from xx may 2013,(when leave was refused for an in time application) to xx july 2013(date you were granted further leave), this requirement is not met.

Assuming the period in question was spent in the UK as an overstayer, you should re-apply only after xx-July-2016 provided your wife becomes a British citizen by then (if she isn't already). Or apply after xx-July-2018 in your own right after completing 5 years of "legal" residence.

The above will be possible if the "10 year ban" does not apply in your case (that I am unsure of, so will let others correct me). And, if it does, is there a possibility of discretion?

Thank you.

They actually silent on hint applying in July 2016. I do not think the 10yr ban applies bcos they stated 'you can only apply by 2018.

***Guess I have no serious point here to justify the period in question..Guess that is an automatic refusal!***
..Now knowing if documents were not sent back to people during an in time voided application.. they can become overstayers..