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British citizenship refused because false info about me

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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val11
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British citizenship refused because false info about me

Post by val11 » Mon Apr 11, 2016 8:16 am

Hello! Can I ask you to kindly help me? I am EEA citizen and I applied for British citizenship 6 month ago on grounds of me exercising my treaty rights. They sent me request for biometric enrolment and I did what they asked to. Then in February I received letter from Home office asking me for my marriage certificate so I sent it to them. In March they contacted me asking me marriage certificate with British citizen and divorse certificate. I explained them that I never was married to British citizen and never divorced anybody. My first and present wife is non-EEA citizen. Then couple days ago they send me letter with refusal because they claimed I mislead them and that it is why I do not satisfy good character requirement. They said that their enquiries reveal that in 2012 at prison I disclose that I was married to British citizen and had 2 children. They said that if I still wish to become British citizen I must make new application, but in view of "my actions" they advise me the application before 2022 is unlikely to be successful.
True is that I never been in prison, never even been in city, in which that prison situated, never been married to British citizen and never had children with British citizen. I was working in the same place since 2008 without any gaps and received last month my up-to-date clean DBS (CRB). Also I have my payslips for 2012 year. I was at work that day in 2012 ( which is very far away from city in which prison is ) and did some paperwork there, but I can not use it as evidence because of my company confidentiality. I attached to my application letter from my employer which confirm that I was working in the same place since 2008. In 2014 I was granted permanent residence card without problem, then last year my baby with non-EEA wife was granted British passport. I can not understand why I am having with my naturalization application problem? Nothing changed since.

What should I do? Thank you for your valuable time and sorry long post. I just feeling very confused and stressed.

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Casa
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Joined: Wed Jul 23, 2008 3:32 pm
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Re: British citizenship refused because false info about me

Post by Casa » Mon Apr 11, 2016 8:44 am

They've obviously confused your identity with someone else and it appears that you can easily prove this. There is no appeal for a refusal but you can submit a Reconsideration Request form. Unfortunately, the fee for this has now increased to £272.
https://www.gov.uk/government/publicati ... ed-form-nr

You could also ask your MP to support you in this.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

val11
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Posts: 2
Joined: Mon Apr 11, 2016 5:01 am

Re: British citizenship refused because false info about me

Post by val11 » Mon Apr 11, 2016 12:38 pm

Thank you very much for your reply! Yes I am going to ask for reconsideration. I was told that there are no time frame which limit my time to ask for reconsideration? Is it true? I believe I need to collect evidence to proof that it is case of mistaken identity. I asked my employer to send me confirmation that I was at work that day (and I really was), but my employer wants to see letter, which I received from Home Office. I am sure my company will not be happy with what they will find in letter. Is it rightful if my employer will demand from me my personal correspondence with Home Office or I can refuse to show letter as matter of my privacy? I love my job, I spend 8 years of my life working in that place and do not want to loose it because case of mistaken identity or identity theft used my name.
I wrote letter to prison, which was mentioned by Home Office to check if they really had somebody with similar name to mine. I do not know is it make sense to report possible identity fraud? Maybe I need to ask for more info Home Office under Freedom of information Act? Do anybody have experience or knowledge about situations like mine? Or maybe somebody have any good ideas what else I can do?
If reconsideration will result in refusal (Do they call it final decision?) what else I can do? I read that there is no legal right for appeal, but still is any possibility to appeal? If so is it immigration judge who deal with naturalization appeals? Is it very costly to appeal? I have baby so can not effort to spend too much. Sorry guys if I am asking too many questions. It is because I came to point in my life when I have much more questions than answers. I will very appreciate any response to my post. Good bless you!

ohara
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Location: hiding in a badger sett
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Re: British citizenship refused because false info about me

Post by ohara » Mon Apr 11, 2016 1:01 pm

There is no appeal process.

No business or government department will release people's personal details to you (such as a prison confirming whether a named individual has ever been incarcerated there). You can however request your own information under the data protection act, which is certainly a good place to start.

You can make a subject access to the police for a copy of your criminal record (if you have one): https://www.acro.police.uk/ it costs £10.

Personally I find it absolutely incredible that the Home Office can make such a mistake.

noajthan
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Posts: 14911
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Location: UK

Re: British citizenship refused because false info about me

Post by noajthan » Mon Apr 11, 2016 1:09 pm

ohara wrote:There is no appeal process.

No business or government department will release people's personal details to you (such as a prison confirming whether a named individual has ever been incarcerated there). You can however request your own information under the data protection act, which is certainly a good place to start.

You can make a subject access to the police for a copy of your criminal record (if you have one): https://www.acro.police.uk/ it costs £10.

Personally I find it absolutely incredible that the Home Office can make such a mistake.
+1 good advice.

Similar case of apparent mistaken identity error by HO:
british-citizenship/suspect-for-crime-i ... 04593.html
All that is gold does not glitter; Not all those who wander are lost. E&OE.

foufou
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Re: British citizenship refused because false info about me

Post by foufou » Mon Apr 11, 2016 8:43 pm

1 - when u did your biometric enrolment did they took your finger print ? I think if some one been in prison they should had his finger print
2- years ago my wife had problem with HM REVENUE keep teling her that she was working in another places in ather city wnd we couldn't do nothing about it to prouve that she is not till we went to the police and report every thing , we get the crime number , we gave it to HM revenue and job donne . its worth it if u do the same

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