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

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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

Post by Rassel » Thu Jan 14, 2016 9:23 pm

You are miss guided,
I know lot of cases around this society got ILR on legacy in 2009 and 2010
and 2011, Citizenship approve in less then 3 month.
You are unlucky, its simple legacy case also immigrant in time.

If you put an application in before this 10 years has elapsed, you will just lose your money and get a rejection. Better to wait 2020, transfer your ILR to your own passport and enjoy your next 5 year.
sam-maro wrote:Rassel,
i lost all my asylum cases , I had exhausted my appeals by 2008. however i was granted Irl through legacy backlog cases in 2010
I couldn't apply for naturalization in 2011 because they say you have to be free of any migration restriction for 5 years.

Mahm256
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Re: Refused British Citizenship due to being in the UK Illeg

Post by Mahm256 » Fri Jan 15, 2016 7:35 am

sam-maro wrote:Rassel,
i lost all my asylum cases , I had exhausted my appeals by 2008. however i was granted Irl through legacy backlog cases in 2010
I couldn't apply for naturalization in 2011 because they say you have to be free of any migration restriction for 5 years.
So many rude people in this forum. They didn't even get to understand your case but jumped on conclusion of "wait until 2020"

San Maro, if you believe they there was improperiety in the way your case was rejected, please appeal the decision but use a good solicitor. In your OP, you said they organised an interview between you and your country of origin representative and you did not attend however you believe this is a lie as your country of origin didn't have an embassy in UK by then. You can use this against them, get a good immigration solicitor and ask for proof the interview was organised and you were invited.

Everyone has their own luck.
Good luck

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

Post by sam-maro » Fri Jan 15, 2016 8:36 am

I Think i will apply for reconsideration,
but does anyone know the time limit, i should send the NR form by?

Mahm256
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Re: Refused British Citizenship due to being in the UK Illeg

Post by Mahm256 » Sat Jan 16, 2016 2:25 pm

sam-maro wrote:I Think i will apply for reconsideration,
but does anyone know the time limit, i should send the NR form by?
Approach solicitor as soon as possible so that he/she can get started. I don't think is more than 28 days

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CR001
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Re: Refused British Citizenship due to being in the UK Illeg

Post by CR001 » Sat Jan 16, 2016 6:23 pm

Mahm256 wrote:
sam-maro wrote:I Think i will apply for reconsideration,
but does anyone know the time limit, i should send the NR form by?
Approach solicitor as soon as possible so that he/she can get started. I don't think is more than 28 days
A solicitor is not required to apply for a reconsideration. The poster can ask for a reconsideration at any point. A reconsideration is NOT the same as an appeal.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Daniel97
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Re: Refused British Citizenship due to being in the UK Illeg

Post by Daniel97 » Tue Jan 26, 2016 1:07 pm

Daniel97 wrote:
Daniel97 wrote:HELP PLS
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,
Contact HO for reconsideration in 2008,HO advice to 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
.



OMG
My application approved!!!!! Today

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

Post by Rassel » Tue Jan 26, 2016 7:31 pm

Congratulation Daniel,
thats great, which national you are?
Application accepted or they Did they you refuse before?

Daniel97 wrote:
Daniel97 wrote:
Daniel97 wrote:HELP PLS
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,
Contact HO for reconsideration in 2008,HO advice to 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
.



OMG
My application approved!!!!! Today

London20
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Re: Refused British Citizenship due to being in the UK Illeg

Post by London20 » Wed Jan 27, 2016 1:51 am

CR001 wrote:
Mahm256 wrote:
sam-maro wrote:I Think i will apply for reconsideration,
but does anyone know the time limit, i should send the NR form by?
Approach solicitor as soon as possible so that he/she can get started. I don't think is more than 28 days
A solicitor is not required to apply for a reconsideration. The poster can ask for a reconsideration at any point. A reconsideration is NOT the same as an appeal.

Hi All,

Could anybody please help me with good suggestion regarding my naturalisation refused.

..

I received correspondence from the Home Office on 12.01.2016.stating that ETS has a record of our speaking test. Yours scores from the test have now been cancelled by ETS. On the basis of the information provided to her by ETS, the SSHD is satisfied that your certificate was fraundulently obtained.
As such, the Home Secretary deems I do not meet the good character requirement for naturalisation and you application is refuse.

I really wonder and worried that they haven't given me appeal this time instead they gave me reconsideration form.



Anybody please let me know valuable advice and suggestion to overcome from my queries below
1)Are they going to revoke my ILR?

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

Post by ohara » Wed Jan 27, 2016 9:48 am

Were you aware of the ETS controversy? Have a read of this thread: http://www.immigrationboards.com/uk-tie ... 73589.html

Also, naturalisation is a privilege not a right, and as such there is no appeals process, only reconsideration.

Daniel97
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Re: Refused British Citizenship due to being in the UK Illeg

Post by Daniel97 » Sun Jan 31, 2016 12:46 pm

chrisini77 wrote:
chrisini77 wrote:I got a letter from HO about my Naturalisation application made 4th Dec.
The letter stated where an applicant has not been compliant with the UK immigration laws in the 10 year period prior to the date of application the application will normally be refused.

They indicated i was here without a valid leave in the UK between 3 september 2010 when my leave to remain expired and i left the UK 6th August 2011 to my home country to regain entry clearance. the reason for this to happen was my application for my spouse visa 15 August 2010 this was rejected due to funds not taken from my account and got a letter on 26th November 2010 deemed invalid and was asked to reapply.

I reapplied on the 18th of Dec 2010 but got another letter on 11th Jan saying i used the wrong form. i immediately made another application using the right form in Jan received acknowledgement letter 4th of April and was sent a letter for biometrics on 6th April. On the 13th April i received a decision that my application has been refused due to the fact that i made a valid application after my leave to remain expired on the 3rd of september 2010. My wife was the one taking up all the maintenance and up keep as I had to leave my job immediately at the time.

I seeked legal advice and was finally advised to go to my home country to re apply which i did on the 6th of August 2011. So the letter is asking in order that we may give further consideration to your application please state how you were maintaining yourself in the country during this period and provide appropriate evidenceie wage slips, benefit letters, evidence of other income. please provide this information by the 18th May. Failure to send required informationby the given date will result in the application being refused. anyone please advice....thanks
I finally got a brown envelope today with my application approved and waiting for my ceremony letter...thanks everyone who contributed and shared stories on this forum.....



Please how long did it take home office to send Your ceremony letter after the approval letter?

Rassel
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Posts: 146
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Re: Refused British Citizenship due to being in the UK Illeg

Post by Rassel » Mon Feb 01, 2016 1:09 am

Daniel
Why Home office refuse your application before? Can you let us know please.
Thanks. Is Home office didn't rise the issue "you are over stayer? during your 5 years weekly singing. That they did in my case.
Daniel97 wrote:
chrisini77 wrote:
chrisini77 wrote:I got a letter from HO about my Naturalisation application made 4th Dec.
The letter stated where an applicant has not been compliant with the UK immigration laws in the 10 year period prior to the date of application the application will normally be refused.

They indicated i was here without a valid leave in the UK between 3 september 2010 when my leave to remain expired and i left the UK 6th August 2011 to my home country to regain entry clearance. the reason for this to happen was my application for my spouse visa 15 August 2010 this was rejected due to funds not taken from my account and got a letter on 26th November 2010 deemed invalid and was asked to reapply.

I reapplied on the 18th of Dec 2010 but got another letter on 11th Jan saying i used the wrong form. i immediately made another application using the right form in Jan received acknowledgement letter 4th of April and was sent a letter for biometrics on 6th April. On the 13th April i received a decision that my application has been refused due to the fact that i made a valid application after my leave to remain expired on the 3rd of september 2010. My wife was the one taking up all the maintenance and up keep as I had to leave my job immediately at the time.

I seeked legal advice and was finally advised to go to my home country to re apply which i did on the 6th of August 2011. So the letter is asking in order that we may give further consideration to your application please state how you were maintaining yourself in the country during this period and provide appropriate evidenceie wage slips, benefit letters, evidence of other income. please provide this information by the 18th May. Failure to send required informationby the given date will result in the application being refused. anyone please advice....thanks
I finally got a brown envelope today with my application approved and waiting for my ceremony letter...thanks everyone who contributed and shared stories on this forum.....



Please how long did it take home office to send Your ceremony letter after the approval letter?

Daniel97
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Posts: 73
Joined: Mon Oct 15, 2012 9:15 pm

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

Post by Daniel97 » Mon Feb 01, 2016 9:07 am

[quote="Rassel"]Daniel
Why Home office refuse your application before? Can you let us know please.
Thanks. Is Home office didn't rise the issue "you are over stayer? during your 5 years weekly singing. That they did in my case.


Home Office didn't refuse my application,but they did raised the issue of overstaying,they send me a questionnaire letter to explain what actions do i take to regularise myself and also how do i maintain myself,
Luckily i have most of the documents,which i send,
1)my TA letters (4 copies)due to changing addresses
2)8 chasing letters from my MP and solicitors
3)Tenancy Agreement from 2002 to date
4)few copies of spouse payslips from 2002 to 2009,

faize4us
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Re: Refused British Citizenship due to being in the UK Illeg

Post by faize4us » Mon Feb 01, 2016 10:57 pm

Hello All ,

what about the students who been in UK legally throughout the 10 years but were working more then 20 hours for couple of years? will this affect their AN application ?
IS HO trying to catch those by introducing 10 years working history in AN form?
Please share your knowledge.

Thank you

Rassel
Member
Posts: 146
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Re: Refused British Citizenship due to being in the UK Illeg

Post by Rassel » Mon Feb 01, 2016 11:47 pm

Thanks Daniel

I send them also,

1)my TA letters (2 copies)
2)5 chasing letters from my MP and solicitors
3)no Tenancy Agreement coz stay with my relative.
4)he send letter, during that period he look after me
5) my refuge status was granted on 2007
6) never break any law, but still temporary admission H/O counting as a overt stay?

And they refuse my application, its depend on caseworker too
Daniel97 wrote:
Rassel wrote:Daniel
Why Home office refuse your application before? Can you let us know please.
Thanks. Is Home office didn't rise the issue "you are over stayer? during your 5 years weekly singing. That they did in my case.


Home Office didn't refuse my application,but they did raised the issue of overstaying,they send me a questionnaire letter to explain what actions do i take to regularise myself and also how do i maintain myself,
Luckily i have most of the documents,which i send,
1)my TA letters (4 copies)due to changing addresses
2)8 chasing letters from my MP and solicitors
3)Tenancy Agreement from 2002 to date
4)few copies of spouse payslips from 2002 to 2009,

Mahm256
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Posts: 38
Joined: Thu Feb 05, 2015 10:28 am

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

Post by Mahm256 » Wed Feb 03, 2016 12:09 pm

faize4us wrote:Hello All ,

what about the students who been in UK legally throughout the 10 years but were working more then 20 hours for couple of years? will this affect their AN application ?
IS HO trying to catch those by introducing 10 years working history in AN form?
Please share your knowledge.

Thank you
I am sorry but under good character requirement, your application will be refused because you broke the immigration rules by working more than you're entitled to of a period of YEARS but you can try your luck and risk losing over £1k

supremethinker70
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Re: Refused British Citizenship due to being in the UK Illeg

Post by supremethinker70 » Wed Feb 03, 2016 12:55 pm

Mahm256 wrote:
faize4us wrote:Hello All ,

what about the students who been in UK legally throughout the 10 years but were working more then 20 hours for couple of years? will this affect their AN application ?
IS HO trying to catch those by introducing 10 years working history in AN form?
Please share your knowledge.

Thank you
I am sorry but under good character requirement, your application will be refused because you broke the immigration rules by working more than you're entitled to of a period of YEARS but you can try your luck and risk losing over £1k
Before, one even considers applying for citizenship, to the best of my knowledge you would have to first and foremost apply for indefinite leave to remain and be granted same accordingly. see https://www.gov.uk/becoming-a-british-citizen

Now the fact that you have legally been granted leave successively as a student for 10 years with out any rejections/refusals for all intents and purposes represents that you have an impeccable immigration history and as such may give you a strong chance of success. Where such offence has not been unveiled or brought to the immigration officers notice, you may still have a strong chance.

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

Post by ohara » Wed Feb 03, 2016 5:44 pm

£1005 is quite a gamble to take. You do realise that HO make thorough checks on people, it's likely they will find out about his illegal work, providing it was not some cash in hand jobs which were not declared (and therefore no tax paid).

t123456789
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Re: Refused British Citizenship due to being in the UK Illeg

Post by t123456789 » Wed Feb 03, 2016 6:04 pm

ohara wrote:£1005 is quite a gamble to take. You do realise that HO make thorough checks on people, it's likely they will find out about his illegal work, providing it was not some cash in hand jobs which were not declared (and therefore no tax paid).
Also see example.

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

Post by noajthan » Wed Feb 03, 2016 6:10 pm

ohara wrote:£1005 is quite a gamble to take. You do realise that HO make thorough checks on people, it's likely they will find out about his illegal work, providing it was not some cash in hand jobs which were not declared (and therefore no tax paid).
Don't forget, applicants for the privilege of citizenship are required to provide their work history & to sign a legally-binding Declaration that vouches for their application too.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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

Post by ALG » Sat Feb 06, 2016 11:32 am

Hi.how come this new law of 10 years ban if you were in the UK illegally. A person who had 5 years resident permit after marriage to an EU member on 2011.start counting there days outside UK which not supposed to go over 450 days on the past 5 years. Then on December 2014 the new law come and it will apply on them.do you think the judge will accept such thing.its clear that is not right.when I got my 5 years resident permit I have been told to wait 5 years then ILR for 1 year then nationality. So if they would like to start this law they start it with people who didn't have anything before December 2014.if we start to take them to court I am sure we will win.thank you

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

Post by noajthan » Sat Feb 06, 2016 12:20 pm

ALG wrote:Hi.how come this new law of 10 years ban if you were in the UK illegally. A person who had 5 years resident permit after marriage to an EU member on 2011.start counting there days outside UK which not supposed to go over 450 days on the past 5 years. Then on December 2014 the new law come and it will apply on them.do you think the judge will accept such thing.its clear that is not right.when I got my 5 years resident permit I have been told to wait 5 years then ILR for 1 year then nationality. So if they would like to start this law they start it with people who didn't have anything before December 2014.if we start to take them to court I am sure we will win.thank you
The privilege of British Citizenship is governed by UK national legislation.
And British passports are issued by Royal Prerogative (that is, a 'gift' of the Queen).
So these matters are not dependent on any EU rules & regulations.

See some background on this vital question of 'good character', here:
https://www.freemovement.org.uk/good-ch ... htened-up/
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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

Post by vijay.amir » Tue Feb 16, 2016 9:13 pm

Hi All,
I am looking for a senior member advice regarding my refusal of AN application.
I made an application on October 2015. Under 5yrs Tier2 + 1 1/2yrs ILR, through Aberdeen NCS service. The reason for the refusal as stated on the letter was “you were here without valid leave in the united kingdom between xx July 08 when your leave to remain expired and xx October 08 when you were granted further leave to remain. You were not therefore complaint with UK immigration laws”. So far, I did not even aware that I had stayed in UK without a valid visa.

After completion of my degree in Nov 2007, I started working for my company under IGS (international graduate scheme). My employer made a work permit application before the expiry of IGS visa (July 08). Unfortunately, HO. refused the application, later the same has been granted through an appeal process on September 08. Based on my work permit approval I have granted a leave to remain on October 08.

The visa valid date on my work permit was not in line with my IGS visa expiry date. It was issued based on the date of my work permit leave to remain approval. Now this is causing issues on my neutralisation application.

After this incident, I successfully made 3 visa extension and 1ILR application with no issues.
Did anyone come across this sort of issues before?

I am not sure whether I worked illegally in the UK during that period. If so how did home office approved my work permit leave to remain application in the first instance?

I am thinking of applying for reconsideration, but I am not sure how strong my case is.

Thanks for your time.

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

Post by Nassdoll » Mon Feb 29, 2016 6:19 pm

Hi Amber
Please advice me on my naturalisation application to the home office I have successfully completed my life in the uk test and B1 listening and speaking test .

Now I am worried about the good characters requirements as I am classed as an illegal intrant ,however I brought myself to the home office attention with in 24 hours of my arrivals on the 29/06/2009 I went to the home office on the 30/6/2009 to claim an asylum on the 15/07/2009 I received 5 years refuge visa.
never had any criminal or civil convictions I didn't stay outside the uk for more then 450 days in the last 5 years and not more then 90 days in the last 12 months .
In Nov 2014 I received my indefinite leave to remain now I am applying to naturalisation through the 5 +1 rout .
However I am concerned about the good character requirements could effect my application as the case of my illegal entry .
Please kindly try help me .

Thank you
Nassdoll

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

Post by Nassdoll » Tue Mar 01, 2016 8:38 pm

Nassdoll wrote:Hi Amber
Please advice me on my naturalisation application to the home office I have successfully completed my life in the uk test and B1 listening and speaking test .

Now I am worried about the good characters requirements as I am classed as an illegal intrant ,however I brought myself to the home office attention with in 24 hours of my arrivals on the 29/06/2009 I went to the home office on the 30/6/2009 to claim an asylum on the 15/07/2009 I received 5 years refuge visa.
never had any criminal or civil convictions I didn't stay outside the uk for more then 450 days in the last 5 years and not more then 90 days in the last 12 months .
In Nov 2014 I received my indefinite leave to remain now I am applying to naturalisation through the 5 +1 rout .
However I am concerned about the good character requirements could effect my application as the case of my illegal entry .
Please kindly try help me .

Thank you
Nassdoll


Hi people,,, is there any one could kindly help please ?
I have looked at all comments and posts that others have made regarding this particular issue through out this forum but no one has similar issue if any one has been through this problem ,or no clear answer .

Mahm256
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Re: Refused British Citizenship due to being in the UK Illeg

Post by Mahm256 » Thu Mar 03, 2016 4:16 pm

Nassdoll wrote:Hi Amber
Please advice me on my naturalisation application to the home office I have successfully completed my life in the uk test and B1 listening and speaking test .

Now I am worried about the good characters requirements as I am classed as an illegal intrant ,however I brought myself to the home office attention with in 24 hours of my arrivals on the 29/06/2009 I went to the home office on the 30/6/2009 to claim an asylum on the 15/07/2009 I received 5 years refuge visa.
never had any criminal or civil convictions I didn't stay outside the uk for more then 450 days in the last 5 years and not more then 90 days in the last 12 months .
In Nov 2014 I received my indefinite leave to remain now I am applying to naturalisation through the 5 +1 rout .
However I am concerned about the good character requirements could effect my application as the case of my illegal entry .
Please kindly try help me .

Thank you
Nassdoll
Under Home Office Guidelines, your application will be accepted even though you entered the country illegally. Case Workers can exercise a discretion if you were illegal for not more than one month. Still a discretion will be applied to a case where the applicant over stayed for not more than 2 months under special circumstances.

So to answer your question; there is a high chance your application will be accepted

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