Unsuccessful applications

[Ble Ble]

I too have been rejected based on the good character reason. However I feel my case could be a bit different and was hoping I could get some advice on the matter.
I have been rejected on the basis that I had been illegal in the country prior to getting my refugee status and for working illegally in the country prior to applying for asylum. In short, I came into the country in 2002 as a student on a student visa which I stuck to its conditions mainly on the allowed working hours for students (that is 20hrs a week during term time and more during study holidays.). This I maintained up until 2007 and kept renewing. In 2007 I then applied for asylum and was registered as an asylum seeker until late 2008 where I was granted refugee status. I have progressed since then and now hold indefinite leave to remain. Recently my naturalisation got declined due to the fact that I was here illegally whilst I was an asylum seeker and on top of that I have been penalised for working whilst I held the student visa. I am lost for words as I believe when one is an asylum seeker, they are not necessarily illegal( I stand corrected) and that on a student visa I was allowed to work 20hrs a week and more only on holidays which I stuck to. So believe I haven't broken any laws. Any advise on whether I can challenge this using the reconsideration option would be appreciated.

Update: I have since lodged a subject access request to see if I can get the evidence in the form of student visas that were granted as the home office took away my national passport when I applied for the refugee travel document.

robbie2g2 my story is similar to yours, apart from the student visa. I applied for naturalisation 14th August 2015, only to be refused March 2016, because I worked when I was not supposed to work, they said any application before 2026 is unlikely to be successful. I met with a barrister who advised me that I have a good case. He wrote to HO, three weeks later they replied that I should reconsider.

My barrister has sent my reconsideration application to HO June 2016, so is now a waiting game for their reply. Although I paid an eye watering of £950 to the barrister, is all worth it in my honest opinion. If you have a feeling that they are wrong, it is good to challenge them, as they make lots of mistakes and threaten people with the unlikely to success quote!

Good luck to you in your decision!

Thank you for the encouraging words Ble ble, its so frustrating how they just make judgements without even checking documentation they hold themselves! No I have to pay additional funds for reconsideration. Anyway, I hope your reconsideration succeeds.....Good luck

You are most welcome and thank you. I know how frustrating it is, the reconsideration fee is now £272 from £80! That is a lot, as if we don't have anything else to worry about. I would update you when they reply to my reconsideration.

[Ble Ble]

yesssssssssssss

FINAL UPDATE By the grace of Almighty ALLAH . in one of the greatest day of the year , I just have received today my approval letter for my reconsideration and my long battle with the home office is over for good.
my initial application January 2015 my reconsideration was in july 2015 all together is one year and 6 months wait ( 18 months long long wait and pain )

I thank every one in this forum , even those who were discouraged me some times , my advice is the home office rules are not a holly book and they always can be challenge and my case will tell u a lot .

finally to all who are still waiting , keep fight , believe and carry on and always think about the small chance u still have

and to all who were refused and have no chance left , I really feel sorry for u ( especially the refuge and asylum applicants who they suffer a lot back home and now here ) , and I wish u all the best . and you will never know the rules can be change at any time and my be you will reapply again sooner then what u think because that was happened to me before in one of my application years ago.
thank you all again I still cant believe it

Oh my God!!! foufou I am so happy for you. I have been following your story. Congratulations!! Now you are FREE from HO and can live your life without worrying about any changes that they have made!

I just want to say thank you for lovely input, advising and encouraging people in a similar situation on this forum. Good luck in all that you and enjoy your freedom from HO.

[Ojey]

Hi Seniors,

I have a question regarding my refused naturalisation application, hope I can get some good advise:
I been on student visa for 9 years and 8 months, then applied for leave to remain under private life, for which I got refused on 25th June 2014 and appealed the decision, I withdrew the appeal after completing the 10 years and applied straight away for settlement ILR (my visa had expired during the private life application). I was granted my ILR in January 2015, and applied for naturalisation in April 2016 for which I got refused withe the following reason:

"you were in the UK in breach of the immigration laws from 25th June2014, when your leave application was refused for an in-time application to 14th January 2015 when you were granted settlement."

Having an application under consideration while submitted within the 28 days grace period constitute a breach of the immigration laws?
Should I go with a reconsideration?
Are there any grounds I could go for?
Thanks in advance for your reply.

[longhorn]

Hi Seniors,

I have a question regarding my refused naturalisation application, hope I can get some good advise:
I been on student visa for 9 years and 8 months, then applied for leave to remain under private life, for which I got refused on 25th June 2014 and appealed the decision, I withdrew the appeal after completing the 10 years and applied straight away for settlement ILR (my visa had expired during the private life application). I was granted my ILR in January 2015, and applied for naturalisation in April 2016 for which I got refused withe the following reason:

"you were in the UK in breach of the immigration laws from 25th June2014, when your leave application was refused for an in-time application to 14th January 2015 when you were granted settlement."

Having an application under consideration while submitted within the 28 days grace period constitute a breach of the immigration laws?
Should I go with a reconsideration?
Are there any grounds I could go for?
Thanks in advance for your reply.

Let’s wait for other senior members to answer but from what I understand, when you withdraw an application, it’s considered that you never made that application. Though your leave was probably extended through 3c when you appealed against the refusal but as you withdrew your appeal, it's considered that you never appealed against it hence the refusal of your naturalisation application.

I don’t want to scare you but with the current requirements of no immigration breach within last 10 years, they probably won’t approve any of your application for naturalisation before Jan 2025. Not sure if you had any exceptional circumstances that may help you here so let’s wait for others to answer on that.

If I was you, I would still apply for the reconsideration though I won’t keep my hopes too high.

[Ojey]

Hi Seniors,

I have a question regarding my refused naturalisation application, hope I can get some good advise:
I been on student visa for 9 years and 8 months, then applied for leave to remain under private life, for which I got refused on 25th June 2014 and appealed the decision, I withdrew the appeal after completing the 10 years and applied straight away for settlement ILR (my visa had expired during the private life application). I was granted my ILR in January 2015, and applied for naturalisation in April 2016 for which I got refused withe the following reason:

"you were in the UK in breach of the immigration laws from 25th June2014, when your leave application was refused for an in-time application to 14th January 2015 when you were granted settlement."

Having an application under consideration while submitted within the 28 days grace period constitute a breach of the immigration laws?
Should I go with a reconsideration?
Are there any grounds I could go for?
Thanks in advance for your reply.

Let’s wait for other senior members to answer but from what I understand, when you withdraw an application, it’s considered that you never made that application. Though your leave was probably extended through 3c when you appealed against the refusal but as you withdrew your appeal, it's considered that you never appealed against it hence the refusal of your naturalisation application.

I don’t want to scare you but with the current requirements of no immigration breach within last 10 years, they probably won’t approve any of your application for naturalisation before Jan 2025. Not sure if you had any exceptional circumstances that may help you here so let’s wait for others to answer on that.

If I was you, I would still apply for the reconsideration though I won’t keep my hopes too high.

Oh god, that doesnt sound good at all!

But if withdrawing the appeal means that no appeal was lodged..then I would have been in breach of immigration even for the application for settlement!?? but I was granted settlement!

What circumstances do you think would help my case?
Do you think asking for reconsideration through a solicitor/barrister would increase the chances?

Thanks
Ojey

[longhorn]

Hi Seniors,

I have a question regarding my refused naturalisation application, hope I can get some good advise:
I been on student visa for 9 years and 8 months, then applied for leave to remain under private life, for which I got refused on 25th June 2014 and appealed the decision, I withdrew the appeal after completing the 10 years and applied straight away for settlement ILR (my visa had expired during the private life application). I was granted my ILR in January 2015, and applied for naturalisation in April 2016 for which I got refused withe the following reason:

"you were in the UK in breach of the immigration laws from 25th June2014, when your leave application was refused for an in-time application to 14th January 2015 when you were granted settlement."

Having an application under consideration while submitted within the 28 days grace period constitute a breach of the immigration laws?
Should I go with a reconsideration?
Are there any grounds I could go for?
Thanks in advance for your reply.

Let’s wait for other senior members to answer but from what I understand, when you withdraw an application, it’s considered that you never made that application. Though your leave was probably extended through 3c when you appealed against the refusal but as you withdrew your appeal, it's considered that you never appealed against it hence the refusal of your naturalisation application.

I don’t want to scare you but with the current requirements of no immigration breach within last 10 years, they probably won’t approve any of your application for naturalisation before Jan 2025. Not sure if you had any exceptional circumstances that may help you here so let’s wait for others to answer on that.

If I was you, I would still apply for the reconsideration though I won’t keep my hopes too high.

Oh god, that doesnt sound good at all!

But if withdrawing the appeal means that no appeal was lodged..then I would have been in breach of immigration even for the application for settlement!?? but I was granted settlement!

What circumstances do you think would help my case?
Do you think asking for reconsideration through a solicitor/barrister would increase the chances?

Thanks
Ojey

I believe the rules and legislations that apply to ILR and Naturalisation are different. I don’t think the “no immigration breach in last 10 years” is a requirement to qualify for ILR.

I unfortunately don’t have any information on whether the caseworkers have any discretion to allow application in cases such as yours. You may probably try posting your question as a new topic under Citizenship forum so that it becomes more visible to other senior members.

All the best.

[Allesheikh]

Hi Robbie

I wanted to find out did you declare in your application form that you were working when u were on student visa? And if so did you mention part time 20 hours?

Please help me on this I missed one of my job when I was on student visa and today I've send them a letter declaring that job saying I completely forgot about that job. That was the only job I had while I was on student visa for 6 years and only worked for 6 months max.

Getting very worried don't know what will they do now

Thanks in advance and good luck with your application.

Ali

I too have been rejected based on the good character reason. However I feel my case could be a bit different and was hoping I could get some advice on the matter.
I have been rejected on the basis that I had been illegal in the country prior to getting my refugee status and for working illegally in the country prior to applying for asylum. In short, I came into the country in 2002 as a student on a student visa which I stuck to its conditions mainly on the allowed working hours for students (that is 20hrs a week during term time and more during study holidays.). This I maintained up until 2007 and kept renewing. In 2007 I then applied for asylum and was registered as an asylum seeker until late 2008 where I was granted refugee status. I have progressed since then and now hold indefinite leave to remain. Recently my naturalisation got declined due to the fact that I was here illegally whilst I was an asylum seeker and on top of that I have been penalised for working whilst I held the student visa. I am lost for words as I believe when one is an asylum seeker, they are not necessarily illegal( I stand corrected) and that on a student visa I was allowed to work 20hrs a week and more only on holidays which I stuck to. So believe I haven't broken any laws. Any advise on whether I can challenge this using the reconsideration option would be appreciated.

Update: I have since lodged a subject access request to see if I can get the evidence in the form of student visas that were granted as the home office took away my national passport when I applied for the refugee travel document.

robbie2g2 my story is similar to yours, apart from the student visa. I applied for naturalisation 14th August 2015, only to be refused March 2016, because I worked when I was not supposed to work, they said any application before 2026 is unlikely to be successful. I met with a barrister who advised me that I have a good case. He wrote to HO, three weeks later they replied that I should reconsider.

My barrister has sent my reconsideration application to HO June 2016, so is now a waiting game for their reply. Although I paid a eye watering of £950 to the barrister, is all worth it in my honest opinion. If you have a feeling that they are wrong, it is good to challenge them, as they make lots of mistake and threaten people with the unlikely to success quote!

Good luck to you in your decision!

Thank you for the encouraging words Ble ble, its so frustrating how they just make judgements without even checking documentation they hold themselves! No I have to pay additional funds for reconsideration. Anyway, I hope your reconsideration succeeds.....Good luck

[Ana1986]

Hi! Can someone help me? I m eu citizen, came to uk in 2008 for work. I was registered in wrs in May 2008. In Dec 2015 I received my pr card so I instantly applied for my citizenship as I have been excercing the treaty rights in uk some 2008. No break, no job changes etc. My an application was checked by nas and everything was OK. In Feb 2016 I received the letter from home office that my card was issued on 16.12.2015 I'm not eligible to apply for citizenship before 15.12.2016.
End of July I applied for reconsideration of my an application from Feb 2016. Isn't not too late for it? Any time limits when I can apply for the reconsideration? Otherwise my money gone please someone knows the rules?

[CR001]

Hi! Can someone help me? I m eu citizen, came to uk in 2008 for work. I was registered in wrs in May 2008. In Dec 2015 I received my pr card so I instantly applied for my citizenship as I have been excercing the treaty rights in uk some 2008. No break, no job changes etc. My an application was checked by nas and everything was OK. In Feb 2016 I received the letter from home office that my card was issued on 16.12.2015 I'm not eligible to apply for citizenship before 15.12.2016.
End of July I applied for reconsideration of my an application from Feb 2016. Isn't not too late for it? Any time limits when I can apply for the reconsideration? Otherwise my money gone :| please someone knows the rules?

There is no time limit or timeframe within which you can apply for a reconsideration.

[Federal]

please someone knows the rules?

Sorry to break it to you, but unless you are married to a British citizen, you needed to have held the PR card for a full year before applying for citizenship. Applying for reconsideration will most likely result in further rejection.

[Casa]

please someone knows the rules?

Sorry to break it to you, but unless you are married to a British citizen, you needed to have held the PR card for a full year before applying for citizenship. Applying for reconsideration will most likely result in further rejection.

The qualifying date is the completion of 5 years exercising Treaty rights + 12 months (unless married to a British citizen). The PR card is simply confirmation of that. According to Ana1986's timeline, they appear to have acquired PR in 2013.

[ohara]

Sorry to break it to you, but unless you are married to a British citizen, you needed to have held the PR card for a full year before applying for citizenship.

Wrong.

[Federal]

Apologies - my statement of fact was tied to an assumption on my part, and that is whether the OP provided sufficient documentation for a period outside the last five years. I assumed that they did not. PR was indeed acquired on 2013 (judging by the timeline), but if the OP only applied for a DCPR based on the history of the past five years only, then could this be where the issue is?

For example, I've been a qualified person for the past 16 years, but only applied for a DCPR this year, based on documentation I sent showing the history of the last five years instead of 16. I assume (again, not 100%) that the caseworker would have recorded my PR date being this year, as opposed to 16 years ago, considering they never saw evidence for the latter.

If not, my sincerest apologies.

[ohara]

PR was indeed acquired on 2013 (judging by the timeline), but if the OP only applied for a DCPR based on the history of the past five years only, then could this be where the issue is?

I don't believe this is 100% how it works. In fact I believe the EEA PR / DCPR application process is flawed in this respect. It is a fact that an EEA citizen acquires the right of permanent residence automatically after 5 years of exercising treaty rights. However, EEA residence documentation is not mandatory and in most cases, it is unnecessary. In most cases, it is assumed that one will applied for the PRC/DCPR immediately once they are eligible; immediately once they have reached their 5 years. The application would be straight forward as you'd simply send evidence of your last 5 years.

Now though, EEA citizens who may have been residing in the UK for years (or decades), who have acquired PR ages ago in the past and who now wish to naturalise, are only now applying for a DCPR. In an ideal world, UKVI would do their absolute best to determine the absolutely correct date of PR acquisition for everyone. Obviously with some older cases like mine, it would be extremely difficult to do this.

The idea of being able to pick and choose your 5 year period is stupid in itself. I've been in the UK since 1991 and most likely acquired PR through dependency on my mother before the turn of the century. However I only applied for a DCPR in December 2015. My mother died years ago and I had no paperwork dating anywhere near as far back as the early 90s so I just used the period of 2009-2014 as I had solid proof of full time work for that whole period.

All of the evidence I sent with my application was for the period of 2009-2014, except for a letter from my employer confirming I had worked there since 2007. UKVI seemed to prioritise this over the rest of my evidence and actually recorded my date of PR as 01/06/12 which is exactly 5 years after I started at my job.

I was expecting the date to be some time in 2014, which was fine anyway as it still gave me the 12 month buffer to qualify for naturalisation. So I was surprised to learn at my NCS appointment that it was actually in 2012. It didn't make a difference, and my application was successful nonetheless. However, if I had for example had a child with a non settled immigrant in the UK before my PR date of 2012, the child would not have been British automatically even though it should have been. Due to the nationality laws in my home country, I cannot pass my citizenship on to children born outside that country if I am not married to the mother.

[Memol]

Hi
I applied for citizenship with my husband and my son. Application of my husband and son was seccessful but mine was rejected due to not being in UK for 5 years. As I've been living here for 4 years and I came to UK under family renioun, I taught that they'll consider me under my husband application. However I lost my money and I was ejected. Does anyone know what I can do now? Many thanks in advance.

[Casa]

If you had asked for your application to be held until your husband's had been approved, you may have been granted citizenship as the spouse of a BC which only requires 3 years of residence.
You could take the chance and request a re-consideration (although the decision was correct in the circumstances). However, the re-consideration fee is £272.

[Memol]

If you had asked for your application to be held until your husband's had been approved, you may have been granted citizenship as the spouse of a BC which only requires 3 years of residence.
You could take the chance and request a re-consideration (although the decision was correct in the circumstances). However, the re-consideration fee is £272.

Thanks for your reply. Is there any chance to get my money back?

[Casa]

Unfortunately not apart from a refund of the ceremony fee. It depends whether you want to risk another £272 on the chance of being successful in a re-consideration.

[Memol]

Unfortunately not apart from a refund of the ceremony fee. It depends whether you want to risk another £272 on the chance of being successful in a re-consideration.

I wouldn't take risk as I already lost my money. How long should be passed from the date that my husband granted citizenship to apply for citizenship as an spouse of him?

[Casa]

You can apply once your husband has attended his citizenship ceremony. However, do ensure that you were physically in the UK on the date 3 years prior to submitting your application.

[Memol]

You can apply once your husband has attended his citizenship ceremony. However, do ensure that you were physically in the UK on the date 3 years prior to submitting your application.

Thanks a lot. Shall I submit a new application or I can ask for re-consideration based on new status of my husband?

[Memol]

You can apply once your husband has attended his citizenship ceremony. However, do ensure that you were physically in the UK on the date 3 years prior to submitting your application.

Thanks a lot. Shall I submit a new application or I can ask for re-consideration based on new status of my husband?

Thanks a lot. Shall I submit a new application or I can ask for re-consideration based on new status of my husband?
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[Casa]

As I mentioned previously, a re-consideration based on your husband now having BC would cost you £272, with no guarantee of success. Otherwise you need to submit a fresh application as a spouse of a BC.

[Ana1986]

Hello

[Memol]

Hello

Hi Ana