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

Spelly05 · Post by **Spelly05** » Sun Mar 06, 2016 8:38 am

Dear Amber

I came here in 2004, worked illegaly from 2004-2005. I applied for asylum and i was granted leave to remain as a refugee in 2008. I then applied for indefinite leave to remain in 2013. In 2015 I applied for naturalisation and it was denied because i was not compliant with uk immigration law during the period of 2004-2008. What should i do from here? Confused.

ohara · Post by **ohara** » Sun Mar 06, 2016 9:12 am

It's an automatic 10 year ban starting on the date you became legal, so from your post it would seem you are able to apply some time in 2018.

Spelly05 · Post by **Spelly05** » Tue Mar 08, 2016 4:44 pm

Thanks for your response Ohara. I thought thr are other rules or guidances which saves refugees from the 10 year ban

t123456789 · Post by **t123456789** » Tue Mar 08, 2016 6:17 pm

Spelly05 wrote:Thanks for your response Ohara. I thought thr are other rules or guidances which saves refugees from the 10 year ban

There are, but you must apply for asylum within a reasonable time of arriving in the UK. At the moment they only disregard around 30 days, by discretion.

Rassel · Post by **Rassel** » Sat Mar 12, 2016 7:24 pm

I was think like you too, but Immigration and case worker is very tight now.

My experience as below's:
During visit i clam asylum, was refuse in 2004. and no right for appeal. Return my passport too.
Visa was still valid. but after my appeal application. i start signing too, till asylum case accepted. my uncle provide accommodation, all expenses. But home H/O, ask for pay 45 or 60.
Recently my Naturalisation application is refuse, 2004 to 2007 in touch with H/O, but H/O advice me complete 10 year. My reconsideration still pending. Pay full tax and my record is clear.

Spelly05 wrote:Thanks for your response Ohara. I thought thr are other rules or guidances which saves refugees from the 10 year ban

imnewhere · Post by **imnewhere** » Tue Mar 22, 2016 4:24 pm

t123456789 wrote:
Spelly05 wrote:Thanks for your response Ohara. I thought thr are other rules or guidances which saves refugees from the 10 year ban
There are, but you must apply for asylum within a reasonable time of arriving in the UK. At the moment they only disregard around 30 days, by discretion.

Hi, how do you know there is this 30 days guideline? have you had any cases approved as per this guideline? i entered and claimed asylum thesame day and did not breach immigration law ever since. will i be successful?

huspania · Post by **huspania** » Fri Mar 25, 2016 11:19 am

hi,
My naturalization application is refused for the following reason.
When I applied i had no intention of living outside the UK, during the period of my application, I got a job offer letter from middle east. I sent that letter to the home office requesting them to speed up my application. Now they refused my application saying that one of the requirement for those not married to British citizen is have his home in the united kingdom.
I am not clear as I have recently bought a house in the UK and my family, children with British passports, live and will continue living in the UK. Can anyone highlight whether I can ask for a review or not.

Post by **Obie** » Fri Mar 25, 2016 11:28 am

huspania wrote:hi,
My naturalization application is refused for the following reason.
When I applied i had no intention of living outside the UK, during the period of my application, I got a job offer letter from middle east. I sent that letter to the home office requesting them to speed up my application. Now they refused my application saying that one of the requirement for those not married to British citizen is have his home in the united kingdom.
I am not clear as I have recently bought a house in the UK and my family, children with British passports, live and will continue living in the UK. Can anyone highlight whether I can ask for a review or not.

What you did was one of the most stupid things I have seen someone done.

The only way forward is to argue that you have an overseas job but your intention was to still make UK your main home.

It was a silly thing that you did.

Post by **Casa** » Fri Mar 25, 2016 11:34 am

huspania wrote:hi,
My naturalization application is refused for the following reason.
When I applied i had no intention of living outside the UK, during the period of my application, I got a job offer letter from middle east. I sent that letter to the home office requesting them to speed up my application. Now they refused my application saying that one of the requirement for those not married to British citizen is have his home in the united kingdom.
I am not clear as I have recently bought a house in the UK and my family, children with British passports, live and will continue living in the UK. Can anyone highlight whether I can ask for a review or not.

If you submitted a letter with an offer of employment in the Middle East and you asked for your BC application to be processed quickly (presumably in order to take up the job offer), why would the Home Office believe you intended to continue to reside in the UK? One contradicts the other. There are no appeal rights but you can submit a reconsideration request. On the 18th March the fee for this increased from £80 to £272.
https://www.gov.uk/government/uploads/s ... NR__v4.pdf

You've created the problem by putting the decision maker under pressure to process your application in order for you to leave the country. In other words 'as soon as I get British citizenship, I'm off'

Post by **CR001** » Fri Mar 25, 2016 11:58 am

Casa wrote:
huspania wrote:hi,
My naturalization application is refused for the following reason.
When I applied i had no intention of living outside the UK, during the period of my application, I got a job offer letter from middle east. I sent that letter to the home office requesting them to speed up my application. Now they refused my application saying that one of the requirement for those not married to British citizen is have his home in the united kingdom.
I am not clear as I have recently bought a house in the UK and my family, children with British passports, live and will continue living in the UK. Can anyone highlight whether I can ask for a review or not.
If you submitted a letter with an offer of employment in the Middle East and you asked for your BC application to be processed quickly (presumably in order to take up the job offer), why would the Home Office believe you intended to continue to reside in the UK? One contradicts the other. There are no appeal rights but you can submit a reconsideration request. On the 18th March the fee for this increased from £80 to £272.
https://www.gov.uk/government/uploads/s ... NR__v4.pdf

You've created the problem by putting the decision maker under pressure to process your application in order for you to leave the country. In other words 'as soon as I get British citizenship, I'm off'

+1 - Am lost for words on this one Casa. OP clearly was looking and applying for jobs abroad, unless the letter mysteriously arrived in his lap!!

Rassel · Post by **Rassel** » Wed Apr 20, 2016 10:02 pm

Just notice One applicant was illegal from 2005 to 2009
and his case approve today. Thats really good.

illegal entry start hope again.

peonygirl · Post by **peonygirl** » Fri Apr 29, 2016 11:16 am

Hello All

I have have been reading this post and there are issues that kept bothering me prior to my application for naturalisation.

I arrived in the UK on Jan 2009 to visit my Irish bf on a 6 month tourist visa, we decided to get married and applied for a Certificate of Approval for Marriage. The COA along with my passport arrived 2 months after my tourist visa expired.

We registered our marriage in august 2009, then i went home to get a a new entry clearance as a spouse of an EEA wife on October 2009.

I came back with an EEA Family permit on October 2009 and fast forward 2016, with PR and now eligible to apply for BC.

Having read the guidance for 'good character' I was wondering will the Home Office consider those months that i waited for COA as months that I have overstayed?

Also, do i have to put January 2009 as my first date of entry or October 2009? The guide is quite misleading. On my first arrival in the UK as a spouse(who has intention to remain) or as a traveller?

Thank you in advance for the time and for the help.

peonygirl · Post by **peonygirl** » Fri Apr 29, 2016 11:23 am

ae.avator wrote:Ouflak1 you are wrong in some points:

ouflak1 wrote:
1. There is not, and was not, any providence for switching from a visitor's visa to any other kind of visa type whilst remaining in the UK. Not then. Not now.

There is not any providence for switching form a visitor's visa to any other kind of visa under DOMESTIC LAW it is correct, however, in the case of bez010 it is an EU matter and Directive 2004/38 applies, therefore applying for the Certificate of approval (COA) was the correct proceed to seek permission to married while being an overstayer, as the other party was an EU citizen. In contrast if the other party would be a UK citizen, then there were no grounds to apply for COA and the other partner would had needed to get back to their own country.

3. No she did not have an automatic right to work. Atleast not in the UK. She was absolutely correct not to work as this might have made things even more difficult. Being married to an EEA national does not confer automatic rights of any kind in the UK or, as far as I have researched, any EU country. No matter what, the rules require that you obtain a permit.

This is a wrong information, if the partner was granted with the COA, then it is true, is not a proof of being legal in the country, however, the moment the they got married, he became a Family member of an EU citizen, again, Directive 2004/38 applies, which means that the spouse acquire the same rights as the EU citizen, and the fact the the EU partner is a worker, the non-eu partner has entitlement to be treated as his partner is, again section 2 of the Directive . Applying for an EEA2 isn't compulsory but advisable. I think you are confusing DOMESTIC LAW with EU LAW, the fact the one of the partners is a EU citizen and have move to another Member State and is exercising his treaty rights, allows him to rely on such law. British citizens cannot rely on EU law on its own country, therefore Domestic Law (UK Immigration Law) applies.

4. Relevant to perhaps other visas, but does not override overstaying her original visa. This is an application for citizenship, not another visa.

It is true does not override overstaying, but as soon as the marriage took effect, gave him status in the UK as a Family Member of an EU citizen, as long as the partner is exercising his treaty rights in the UK.

5. COA was mandatory for all of us non-EEA residents wanting to marry in the UK no matter who we were marrying.

Incorrect, COA was mandatory for people who has less than three months in their visas, but such a visas ere given for a minimum period of 6months, tourist visas were not able to apply for COA ( if the partner was British) anyone who has more than 3 months 'leave to remain' in the UK needed no to apply for any COA, just give the mandatory notice in the register office.

The case that you referenced does not seem to apply to this woman's case in any way. She was not refused an EEA residency card. In fact, I don't think she face any visa refusal whatsoever. Further, there is no right to citizenship in the UK (or any country) for adults. It may be refused or conferred as the UK sees fit, for any reason the UK sees fit, or no reason at all.
I entered in the UK in 2005 as a tourist and overstayed my visa for 4 years, got into a civil partnership with a Polish National in 2009, I applied for EEA2 however, I only needed my Civil partnership certificate my passport and my partners passport to get my NI, and I never applied for an EEA4, instead I applied for Naturalisation last May 15, yesterday (14-11-15) got my invitation letter to attend my ceremony . I think my case is kind of similar to bez010, so dont lose hope, because they treat cases under EU law more carefully, they still though need to meet the criteria to get it granted.

Hello All

I have have been reading this post and there are issues that kept bothering me prior to my application for naturalisation.

I arrived in the UK on Jan 2009 to visit my Irish bf on a 6 month tourist visa, we decided to get married and applied for a Certificate of Approval for Marriage. The COA along with my passport arrived 2 months after my tourist visa expired.

We registered our marriage in august 2009, then i went home to get a a new entry clearance as a spouse of an EEA wife on October 2009.

I came back with an EEA Family permit on October 2009 and fast forward 2016, with PR and now eligible to apply for BC.

Having read the guidance for 'good character' I was wondering will the Home Office consider those months that i waited for COA as months that I have overstayed?

Also, do i have to put January 2009 as my first date of entry or October 2009? The guide is quite misleading. On my first arrival in the UK as a spouse(who has intention to remain) or as a traveller?

Thank you in advance for the time and for the help.

Prince Thomas · Post by **Prince Thomas** » Sat Apr 30, 2016 12:37 pm

Not sure if this topic was discussed before on this thread, my question is "When does the good character 10 year rule start?" I came to the UK illegally in June 2005 and claimed asylum in July/August 2005. I was granted refugee status in December 2009 and then ILR in April 2015. I started naturalisation application process this month April 2016. I went to Nationality Checking Service so that they can check my application. The lady called the Home office who said l will have to apply in 2019. My understanding was that the 10 years started from the time l claimed asylum in July/August 2005 not the year l was granted refugee status.
Should l apply with a cover letter similar to the one drafted by AMBER with few changes, l know my situation is different. Please advise or anyone in same situation.

imnewhere · Post by **imnewhere** » Sat Apr 30, 2016 4:27 pm

I do not think your application would be refuse because of illegal entry. There is a discretion to grant to asylum seekers who made a claim within a reasonable time of entry. This reasonable time I believe is 30 days. There is a high chance your application would be successful.

peter2015 · Post by **peter2015** » Sun May 01, 2016 11:16 pm

Hey I would like some advice please. I came to the uk with my daughter in 2002 on a visitors visa for 6 months changed it to a student visa from Sep 2002 renewed visa till 2006 when they refused to renew I appealed went to tribunaIs but lost the appeal then claimed asylum 2007 June was granted asylum in 2008 October after 5 years was given ILR October 2013. In July 2015 I and my daughter applied for AN she was over 18years old. After 7 months I was sent a questionnaire which I answered and returned. One of the questions was how did I support myself. I stated my husband and friend who passed away in 2012 supported me I enclosed her death certificate and funeral costs which I paid and letter to show guardianship of her 2 children. was unable to get bank statements in time they required the reply. 2 weeks later my application was refused on the basis that I could not prove I was not working to support myself between February 2006-January 2008 2 months after my application was refused got a letter addressed to me but with my daughter's approval letter. If I am able to get my husband's bank statement should I ask for a reconsideration or reapply in October 2018 as suggested.

it'sworking · Post by **it'sworking** » Mon May 09, 2016 10:18 am

Hi Admin and All,
I want to ask please.
My Partner had overstayed from 2005 to 2010,left the UK IN 2010, but made it clear at the point of exit that she had overstayed.
We then got married officially in our country and she came back on my work permit. we have extended the work permit and then got our indefinite leave to remain in December 2014, which means we qualified for Citizenship in December 2015.
Because she came back to the UK in April 2011, she had to wait for April 2016 to meet the 5 years continuous residence before applying for her citizenship.

But my question is, with regards to the 'Good character rule', will they judge her overstaying from 2005 - 2015, which makes her qualify after 10 years, or would they judge it from 2010 instead, which means she will wait till 2020 to apply?

Please help.

Thank you

Post by **CR001** » Mon May 09, 2016 10:45 am

it'sworking wrote:Hi Admin and All,
I want to ask please.
My Partner had overstayed from 2005 to 2010,left the UK IN 2010, but made it clear at the point of exit that she had overstayed.
We then got married officially in our country and she came back on my work permit. we have extended the work permit and then got our indefinite leave to remain in December 2014, which means we qualified for Citizenship in December 2015.
Because she came back to the UK in April 2011, she had to wait for April 2016 to meet the 5 years continuous residence before applying for her citizenship.

But my question is, with regards to the 'Good character rule', will they judge her overstaying from 2005 - 2015, which makes her qualify after 10 years, or would they judge it from 2010 instead, which means she will wait till 2020 to apply?

Please help.

Thank you

She will only qualify for BC in 2020, 10 years after she left the UK or it might be from 2021, 10 years after arriving on legal visa status.

peter2015 · Post by **peter2015** » Mon May 09, 2016 6:18 pm

Hey everyone

I came to the uk with my daughter in 2002 on a visitors visa for 6 months changed it to a student visa from Sep 2002 renewed visa till 2006 when they refused to renew I appealed went to tribunaIs but lost the appeal then claimed asylum 2007 June was granted asylum in 2008 October after 5 years was given ILR October 2013. In July 2015 I and my daughter applied for AN she was over 18years old. After 7 months I was sent a questionnaire which I answered and returned. One of the questions was how did I support myself. I stated my husband and friend who passed away in 2012 supported me I enclosed her death certificate and funeral costs which I paid and letter to show guardianship of her 2 children. was unable to get bank statements in time they required the reply. 2 weeks later my application was refused on the basis that I could not prove I was not working to support myself between February 2006-January 2008 2 months after my application was refused got a letter addressed to me but with my daughter's approval letter. If I am able to get my husband's bank statement should I ask for a reconsideration or reapply in October 2018 as suggested.

RU55IAN · Post by **RU55IAN** » Thu May 12, 2016 9:09 pm

I AM OVERWHELMED!!!!

THIS DECISION IS DEFINITELY DISCRETIONARY!!!!

CONSIDERATION TOOK 5 MONTHS.

APPLICATION HAS BEEN SUCCESSFUL DESPITE OF BEING ILLEGAL DURING THE PAST 10 YEARS.

EVIDENCE THAT I WAS SUPPORTED BY MY FAMILY SUBMITTED (PAY SLIPS, RENT AGREEMENTS AND BANK STATEMENTS).

MY CASE WORKER IS THE BEST!!!!

Rassel · Post by **Rassel** » Thu May 12, 2016 11:18 pm

well done
congratulation

RU55IAN wrote:I AM OVERWHELMED!!!!

THIS DECISION IS DEFINITELY DISCRETIONARY!!!!

CONSIDERATION TOOK 5 MONTHS.

APPLICATION HAS BEEN SUCCESSFUL DESPITE OF BEING ILLEGAL DURING THE PAST 10 YEARS.

EVIDENCE THAT I WAS SUPPORTED BY MY FAMILY SUBMITTED (PAY SLIPS, RENT AGREEMENTS AND BANK STATEMENTS).

MY CASE WORKER IS THE BEST!!!!

Post by **Amber** » Fri May 13, 2016 9:48 pm

Please do not use uppercase/capitals as it's considered shouting.

RU55IAN · Post by **RU55IAN** » Sat May 14, 2016 10:10 am

I was shouting indeed.

It was the shouting of happiness.

Hope I didn't wake anyone up, but even if I did, it is allowed in such cases.

P.S. Honestly though, I can't believe you actually wrote that. How do you know my keyboard didn't break and the CAPS lock key could have stuck or perhaps I am visually impaired?...

Rassel · Post by **Rassel** » Sat May 14, 2016 11:57 pm

RU55IAN

yes its true happiness, coz they can refuse you. But your case worker was soft minded.
Good luck for others too.

RU55IAN wrote:I was shouting indeed.

It was the shouting of happiness.

Hope I didn't wake anyone up, but even if I did, it is allowed in such cases.

P.S. Honestly though, I can't believe you actually wrote that. How do you know my keyboard didn't break and the CAPS lock key could have stuck or perhaps I am visually impaired?...

RU55IAN · Post by **RU55IAN** » Sun May 15, 2016 5:56 pm

Well... I don't know about the degree of softness of my case worker's mind, but what I know is that my case was far from standard and involved much consideration and piles of documents and investigation throughout my journey.

I have been living in the UK for 15 years and whilst being illegal for some period, it was not due to me purposely disobeying the law and having no regard for immigration control.
It was a complicated case involving detectives, MPs, MBEs, OBEs, solicitors and a number of other individuals.

Anyway, the mess has now come to an end and all has been clarified, which makes me very happy.

I think that simply relying on a case worker's mood, state of mind or feelings is a bit precipitate. Hard evidence and explanations must be provided to make people understand what one tries to prove.

I wish all good luck and hope all works out.

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