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Unsuccessful applications

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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StachuCoventry
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Re: Unsuccessful applications

Post by StachuCoventry » Mon Feb 20, 2017 1:54 pm

ffion wrote:Registration Certificate (RC) and document certifying permanent residence (DCPR) are two different documents - which one did you submit with your application? You need DCPR for the British Citizenship application.
Hi ffion, thanks for your reply.
I submitted RC instead of DCPR. You are right, I was researching this further on the Internet and Citizens Advice Bureau turns out I applied for RC thinking that i'm applying for DCPR before submitting Citizenship application.

If I would sent my Citizenship all by myself to home office then fair enough - I am the only one to blame but I sent it using NCS and correct me if I'm wrong but I strongly believe that they should have picked up on this missing DCPR and not allowt me to send my Citizenship application to HO.


Have I got any chance to claim my Citizenship application fee from NCS as they failed to provide their services correctly? Their "what happens next" leaflet states that if the application will be unsuccessful due to lack of necessary documents then they will refund the appointment fee but there's nothing about the AN citizenship fee. Has anyone had the same scenario?

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CR001
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Re: Unsuccessful applications

Post by CR001 » Mon Feb 20, 2017 2:08 pm

StachuCoventry wrote:
ffion wrote:Registration Certificate (RC) and document certifying permanent residence (DCPR) are two different documents - which one did you submit with your application? You need DCPR for the British Citizenship application.
Hi ffion, thanks for your reply.
I submitted RC instead of DCPR. You are right, I was researching this further on the Internet and Citizens Advice Bureau turns out I applied for RC thinking that i'm applying for DCPR before submitting Citizenship application.

If I would sent my Citizenship all by myself to home office then fair enough - I am the only one to blame but I sent it using NCS and correct me if I'm wrong but I strongly believe that they should have picked up on this missing DCPR and not allowt me to send my Citizenship application to HO.


Have I got any chance to claim my Citizenship application fee from NCS as they failed to provide their services correctly? Their "what happens next" leaflet states that if the application will be unsuccessful due to lack of necessary documents then they will refund the appointment fee but there's nothing about the AN citizenship fee. Has anyone had the same scenario?
NCS have nothing to do with the citizenship fee, it is purely an HO fee and the fee is NOT refunded if your application is unsuccessful. You will only get £80 back, which is the ceremony fee.
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louisbrighton
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Re: Unsuccessful applications

Post by louisbrighton » Mon Feb 20, 2017 5:54 pm

My application has been refused, I am so gutted... I have spent almost 2k getting everything done.. I can't believe it. It says: 'One of the requirements is that an applicant must be free from any time limit on their stay in the UK for the whole of the 12 months before their application / Your application was received on 26-10-2016 and you have been permanently resident in the UK 18-01-2016 and so have not been permantly resident for the whole of the 12 months before your application'.

I am Italian, got here in the UK in 2006 / I have provided all documents P65 etc.. / I have my own business since 2011 / Registred at Companies House etc.. So, I have a lot of documents to prove I am here for over a decade (I have attached this to my application) / My Resident Card got issued last year (18-01-2016); Before apply for it, I wan't sure if I should wait for the 12 months (from the date I have obtain the RC), so I decided to pay the NCS to double check, and I have asked them if I should wait or not, they said it would be fine as I could prove I was in the UK since 2007, she also said that was a common question, and it should be fine...

So, after getting the letter today, I have phone the NCS (also have read this topic 32 pages of it), the lady from the NCS told me the HO is wrong, I should apeel is what I gonna do.

Is anybody else have been in similar situation? What's the outcome? Any tips or guidance on where to go from here?

Thank you

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CR001
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Re: Unsuccessful applications

Post by CR001 » Mon Feb 20, 2017 8:09 pm

louisbrighton wrote:My application has been refused, I am so gutted... I have spent almost 2k getting everything done.. I can't believe it. It says: 'One of the requirements is that an applicant must be free from any time limit on their stay in the UK for the whole of the 12 months before their application / Your application was received on 26-10-2016 and you have been permanently resident in the UK 18-01-2016 and so have not been permantly resident for the whole of the 12 months before your application'.

I am Italian, got here in the UK in 2006 / I have provided all documents P65 etc.. / I have my own business since 2011 / Registred at Companies House etc.. So, I have a lot of documents to prove I am here for over a decade (I have attached this to my application) / My Resident Card got issued last year (18-01-2016); Before apply for it, I wan't sure if I should wait for the 12 months (from the date I have obtain the RC), so I decided to pay the NCS to double check, and I have asked them if I should wait or not, they said it would be fine as I could prove I was in the UK since 2007, she also said that was a common question, and it should be fine...

So, after getting the letter today, I have phone the NCS (also have read this topic 32 pages of it), the lady from the NCS told me the HO is wrong, I should apeel is what I gonna do.

Is anybody else have been in similar situation? What's the outcome? Any tips or guidance on where to go from here?

Thank you
A Residence Card or a Document Certifying Permanent Residence - there is a difference.
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louisbrighton
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Re: Unsuccessful applications

Post by louisbrighton » Tue Feb 21, 2017 1:34 pm

[/quote]
A Residence Card or a Document Certifying Permanent Residence - there is a difference.[/quote]

Yes buddy, I have provided both.

TigerCub
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Re: Unsuccessful applications

Post by TigerCub » Tue Feb 28, 2017 10:53 am

Hi all,

I did post this in a separate thread as well - but I only just stumbled across this one.
My case is similar to StachuCoventry, however the PR document was sent.

I am posting on behalf of a family member, and looking for advice.
The case is as follows - They are a EU citizen and have applied for British Citizenship, as they have been living on and off in the country for the past 30 years; as well as being married to a British Citizen.

For PR status they have been settled in the UK since 2006 - so PR status came into effect as of 2011.
In November of last year they applied for the Naturalization after having received the PR card from the home office in the same year.

They had to request documents back to travel internationally for work in Jan, and received an itemized receipt from the Home office detailing the documents sent back, stating that the home office may need to review these documents at a later date but that they should keep hold of them until they are requested back from the home office.

Now a month later they have received a rejection based on lacking documentation - especially proof of permanent residency. In the letter received back it clearly states that a Permanent Residency document was returned to them from the home office.

My Question is how we proceed from here - do we need to fill out the NR from to review the case - as we believe that we submitted all documents requested in a lawful manner. Can our local MP help with this case, or is it best to seek legal advice?

TigerCub
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Re: Unsuccessful applications

Post by TigerCub » Tue Feb 28, 2017 12:03 pm

Also as I understand there is a two week deadline in which to submit an NR form - otherwise it will not be considered - and that is from the date of the letter from the home office. Now this can take almost a week to arrive - so in effect you only have a week to appeal your case, and as I understand it this must be received by the home office within the two week period as well; regardless of when you sent this letter.

To me this is beuarocratic red tape attempting to deter people from applying for appeal.

gesha79
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Re: Unsuccessful applications

Post by gesha79 » Thu Mar 16, 2017 5:03 pm

louisbrighton wrote:My application has been refused, I am so gutted... I have spent almost 2k getting everything done.. I can't believe it. It says: 'One of the requirements is that an applicant must be free from any time limit on their stay in the UK for the whole of the 12 months before their application / Your application was received on 26-10-2016 and you have been permanently resident in the UK 18-01-2016 and so have not been permantly resident for the whole of the 12 months before your application'.

I am Italian, got here in the UK in 2006 / I have provided all documents P65 etc.. / I have my own business since 2011 / Registred at Companies House etc.. So, I have a lot of documents to prove I am here for over a decade (I have attached this to my application) / My Resident Card got issued last year (18-01-2016); Before apply for it, I wan't sure if I should wait for the 12 months (from the date I have obtain the RC), so I decided to pay the NCS to double check, and I have asked them if I should wait or not, they said it would be fine as I could prove I was in the UK since 2007, she also said that was a common question, and it should be fine...

So, after getting the letter today, I have phone the NCS (also have read this topic 32 pages of it), the lady from the NCS told me the HO is wrong, I should apeel is what I gonna do.

Is anybody else have been in similar situation? What's the outcome? Any tips or guidance on where to go from here?

Thank you

Hi I am also applying and have my permanent residence from 14/11/2017 I did apply now as when You apply for permanent residence document it is clearly saying:

Using your document to apply for citizenship
You can only use your permanent residence document to apply for British citizenship after you’ve lived in the UK for 6 years.

That means you must wait another 12 months if you’ve only lived in the UK for 5 years when you get your document.

But you can apply immediately if:

you’ve already lived in the UK for 6 years when you get your document
your husband, wife or civil partner is a British citizen


So they should not have refused on that base. I also spoke to friend lawer and he said that in general the requirement for the permanent residence document to be provided is not legal. The problem is someone need to challenge it in court (which I heard someone is doing it now)

Danjaggy69
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Re: Unsuccessful applications

Post by Danjaggy69 » Tue Apr 18, 2017 8:09 pm

Good evening, first post and would appreciate some feedback / advise.
I am French, been in the UK for 29 years, single, professional, never been unemployed.

I applied for BC in October 2016 by myself; sent all the required docs, papers, fees. All originals were returned to me in October 2016 with a letter from the HO listing in details all the papers they were sending back to me, fingerprints a few weeks later, all was going well.

In January 2017, I received the horrible letter informing me that my application has been rejected for not providing /sending my EEA card with my application in October. I was shocked. The letter from the HO in October 2016 did list clearly that they had my EEA card and even recorded the number on the letter when they sent it back to me. Therefore, full proof and evidence that they had it and seen it.

I appealed in January 2017, paid the fee of 172 pounds. A few days letter, I received the ceremony refund of 80 pounds. The appeal charge was debited from my account in January.

To date, nothing else happened, no news, no letters. I called again today and a very rude and abrupt lady would not even tell me if my application was still live or completely dead. She was not interested in my reference number and kept saying I need to wait, it may take a long time even years for the appeal...

Is that right? what is the time delay normally for an appeal decision? it is obviously a pure and simple admin error claiming that they did not have my EEA, it can happen, however, i am left in the dark, waiting and not knowing. And as everyone know, it is impossible to talk to them.

Should i wait or take legal action now? thank you for your advice.

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Re: Unsuccessful applications

Post by CR001 » Tue Apr 18, 2017 8:15 pm

Danjaggy69 wrote:Good evening, first post and would appreciate some feedback / advise.
I am French, been in the UK for 29 years, single, professional, never been unemployed.

I applied for BC in October 2016 by myself; sent all the required docs, papers, fees. All originals were returned to me in October 2016 with a letter from the HO listing in details all the papers they were sending back to me, fingerprints a few weeks later, all was going well.

In January 2017, I received the horrible letter informing me that my application has been rejected for not providing /sending my EEA card with my application in October. I was shocked. The letter from the HO in October 2016 did list clearly that they had my EEA card and even recorded the number on the letter when they sent it back to me. Therefore, full proof and evidence that they had it and seen it.

I appealed in January 2017, paid the fee of 172 pounds. A few days letter, I received the ceremony refund of 80 pounds. The appeal charge was debited from my account in January.

To date, nothing else happened, no news, no letters. I called again today and a very rude and abrupt lady would not even tell me if my application was still live or completely dead. She was not interested in my reference number and kept saying I need to wait, it may take a long time even years for the appeal...

Is that right? what is the time delay normally for an appeal decision? it is obviously a pure and simple admin error claiming that they did not have my EEA, it can happen, however, i am left in the dark, waiting and not knowing. And as everyone know, it is impossible to talk to them.

Should i wait or take legal action now? thank you for your advice.
When you say EEA Card, what exactly do you mean (residence card, identity card or DCPR = Document Certifying Permanent Residency)??
Char (CR001 not Casa)
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Re: Unsuccessful applications

Post by Danjaggy69 » Tue Apr 18, 2017 8:32 pm

CR001 wrote:
Danjaggy69 wrote:Good evening, first post and would appreciate some feedback / advise.
I am French, been in the UK for 29 years, single, professional, never been unemployed.

I applied for BC in October 2016 by myself; sent all the required docs, papers, fees. All originals were returned to me in October 2016 with a letter from the HO listing in details all the papers they were sending back to me, fingerprints a few weeks later, all was going well.

In January 2017, I received the horrible letter informing me that my application has been rejected for not providing /sending my EEA card with my application in October. I was shocked. The letter from the HO in October 2016 did list clearly that they had my EEA card and even recorded the number on the letter when they sent it back to me. Therefore, full proof and evidence that they had it and seen it.

I appealed in January 2017, paid the fee of 172 pounds. A few days letter, I received the ceremony refund of 80 pounds. The appeal charge was debited from my account in January.

To date, nothing else happened, no news, no letters. I called again today and a very rude and abrupt lady would not even tell me if my application was still live or completely dead. She was not interested in my reference number and kept saying I need to wait, it may take a long time even years for the appeal...

Is that right? what is the time delay normally for an appeal decision? it is obviously a pure and simple admin error claiming that they did not have my EEA, it can happen, however, i am left in the dark, waiting and not knowing. And as everyone know, it is impossible to talk to them.

Should i wait or take legal action now? thank you for your advice.
When you say EEA Card, what exactly do you mean (residence card, identity card or DCPR = Document Certifying Permanent Residency)??


What I mean by the EEA card, is the blue card, called “Uk residence documentation for a national of an EEA state”. I applied for that card in 2016 and got it a few months later, (since after 28 years i never needed one) and this is what i sent to the HO with my full application since it met the requirements (I believe so) from what was required on the application. Am i wrong? was something needed? if so, what exactly?

thank you!

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Re: Unsuccessful applications

Post by CR001 » Tue Apr 18, 2017 8:36 pm

Danjaggy69 wrote:What I mean by the EEA card, is the blue card, called “Uk residence documentation for a national of an EEA state”. I applied for that card in 2016 and got it a few months later, (since after 28 years i never needed one) and this is what i sent to the HO with my full application since it met the requirements (I believe so) from what was required on the application. Am i wrong? was something needed? if so, what exactly?

thank you!
For citizenship applications after 12th November 2015, an EU citizen MUST submit a DCPR - Document Certifying Permanent Residence. Does your card state these words exactly?

Do you not have ILR (Indefinite Leave to Remain) stamped in one of your older passports if you have been here for so long?
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Re: Unsuccessful applications

Post by Danjaggy69 » Tue Apr 18, 2017 8:47 pm

CR001 wrote:
Danjaggy69 wrote:What I mean by the EEA card, is the blue card, called “Uk residence documentation for a national of an EEA state”. I applied for that card in 2016 and got it a few months later, (since after 28 years i never needed one) and this is what i sent to the HO with my full application since it met the requirements (I believe so) from what was required on the application. Am i wrong? was something needed? if so, what exactly?

thank you!
For citizenship applications after 12th November 2015, an EU citizen MUST submit a DCPR - Document Certifying Permanent Residence. Does your card state these words exactly?

Do you not have ILR (Indefinite Leave to Remain) stamped in one of your older passports if you have been here for so long?

thank you for the quick reply. I applied in October 2016...I just looked at the card (copy since they still have the original) and it does not mention this...now i am starting to understand...damm...
and I have a few old passport after such a long time here and none of them have such a stamp since it has never been needed or a requirement....
Therefore, starting to see now that despite having been here so long and not having the mention on my UK Residence Document Card that I have been here so long or the mention of Permanent Residence, this is why I was rejected?

What are my chances then for the appeal to go through? or should I start a brand new application using the council services and making sure I have that stamp / mention now? If I re-apply now, can I send all the same certificates, Life in the UK, etc ? I do not want to start all again.... thank you so much.

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Re: Unsuccessful applications

Post by CR001 » Tue Apr 18, 2017 9:11 pm

Danjaggy69 wrote:thank you for the quick reply. I applied in October 2016...I just looked at the card (copy since they still have the original) and it does not mention this...now i am starting to understand...damm...
and I have a few old passport after such a long time here and none of them have such a stamp since it has never been needed or a requirement....
Therefore, starting to see now that despite having been here so long and not having the mention on my UK Residence Document Card that I have been here so long or the mention of Permanent Residence, this is why I was rejected?

What are my chances then for the appeal to go through? or should I start a brand new application using the council services and making sure I have that stamp / mention now? If I re-apply now, can I send all the same certificates, Life in the UK, etc ? I do not want to start all again.... thank you so much.
There is no 'Appeal' for refused citizenship. What you have asked for is a 'reconsideration' which is also likely to fail as the DCPR is mandatory. You will need to apply for this DCPR and then reapply for citizenship. Everything else you have sent is fine to send again, you only need the DCRP.

The reason I asked about ILR in an old passport, possibly the first one you arrived on, is that the rules were slightly different way back then and a lot of EU citizens were stamped with ILR, which is the same as DCPR.

I will ask user secret.simon to have a look at your post and how long you have been here, he might be able to advise better.
Char (CR001 not Casa)
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Re: Unsuccessful applications

Post by Danjaggy69 » Tue Apr 18, 2017 9:15 pm

CR001 wrote:
Danjaggy69 wrote:thank you for the quick reply. I applied in October 2016...I just looked at the card (copy since they still have the original) and it does not mention this...now i am starting to understand...damm...
and I have a few old passport after such a long time here and none of them have such a stamp since it has never been needed or a requirement....
Therefore, starting to see now that despite having been here so long and not having the mention on my UK Residence Document Card that I have been here so long or the mention of Permanent Residence, this is why I was rejected?

What are my chances then for the appeal to go through? or should I start a brand new application using the council services and making sure I have that stamp / mention now? If I re-apply now, can I send all the same certificates, Life in the UK, etc ? I do not want to start all again.... thank you so much.
There is no 'Appeal' for refused citizenship. What you have asked for is a 'reconsideration' which is also likely to fail as the DCPR is mandatory. You will need to apply for this DCPR and then reapply for citizenship. Everything else you have sent is fine to send again, you only need the DCRP.

The reason I asked about ILR in an old passport, possibly the first one you arrived on, is that the rules were slightly different way back then and a lot of EU citizens were stamped with ILR, which is the same as DCPR.

I will ask user secret.simon to have a look at your post and how long you have been here, he might be able to advise better.
Thank you, it all makes sense, I am really angry with myself and looking at the HO site for EEA national, there are 2 kind of mention on the “blue card” and I see where i went wrong...quite confusing I must admit, and that card was is issued for EEA nationals after having been here 5 years...a bit unfair i guess however, administrations and rules are rules. thank you for your great knowledge and clarity.

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Re: Unsuccessful applications

Post by CR001 » Tue Apr 18, 2017 9:19 pm

Danjaggy69 wrote:Thank you, it all makes sense, I am really angry with myself and looking at the HO site for EEA national, there are 2 kind of mention on the “blue card” and I see where i went wrong...quite confusing I must admit, and that card was is issued for EEA nationals after having been here 5 years...a bit unfair i guess however, administrations and rules are rules. thank you for your great knowledge and clarity.
Have messaged secret.simon to have a look at your post so hopefully when he is online, he will offered some valuable advice too.
Char (CR001 not Casa)
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Re: Unsuccessful applications

Post by secret.simon » Tue Apr 18, 2017 10:40 pm

CR001's advice is spot-on.

Your first port of call should be your old passports to see if there is an ILR stamp or vignette in them. If you do have such a stamp, you may be home scot-free and the discussion below should not affect you (unless you have been away from the UK for two years).

From your description, you submitted a Residence Certificate, the outcome of an EEA(QP) application. That card certifies that you were an EEA citizen exercising treaty rights as of the date of the application.

What you need for naturalisation is a DCPR, a Document Certifying Permament Residence. To get that, you need to submit an EEA(PR) form, along with proof of five continuous years of working (in your case). The oldest five years that you can prove would be the best.

Here is an image I found online that may help.

Image

If you notice, in the vignette on the right of the image, you will notice the words "Registration Certificate". If that is the kind of document that you submitted, it was the wrong document and the naturalisation application must fail.

However, if you had an identical blue card, but with the words "Document Certifying Permanent Residence", then the Home Office has made a mistake, not you and you should get naturalisation.

This is what the vignette on a blue card for a DCPR would look like.

Image

So, if you look at the blue card that you have, what does the vignette look like? The first example or the second example?

Slightly off-topic; Santa Claus/Saint Nicholas would likely have been issued a DCPR through Mrs Claus, whos is likely an EEA (Norwegian??) citizen. St. Nick of course has a Canadian postal address - Santa Claus, North Pole, Canada, H0H 0H0 (it is an actual postal address).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Unsuccessful applications

Post by Danjaggy69 » Tue Apr 18, 2017 10:48 pm

secret.simon wrote:CR001's advice is spot-on.

Your first port of call should be your old passports to see if there is an ILR stamp or vignette in them. If you do have such a stamp, you may be home scot-free and the discussion below should not affect you (unless you have been away from the UK for two years).

From your description, you submitted a Residence Certificate, the outcome of an EEA(QP) application. That card certifies that you were an EEA citizen exercising treaty rights as of the date of the application.

What you need for naturalisation is a DCPR, a Document Certifying Permament Residence. To get that, you need to submit an EEA(PR) form, along with proof of five continuous years of working (in your case). The oldest five years that you can prove would be the best.

Here is an image I found online that may help.

Image

If you notice, in the vignette on the right of the image, you will notice the words "Registration Certificate". If that is the kind of document that you submitted, it was the wrong document and the naturalisation application must fail.

However, if you had an identical blue card, but with the words "Document Certifying Permanent Residence", then the Home Office has made a mistake, not you and you should get naturalisation.

This is what the vignette on a blue card for a DCPR would look like.

Image

So, if you look at the blue card that you have, what does the vignette look like? The first example or the second example?

Slightly off-topic; Santa Claus/Saint Nicholas would likely have been issued a DCPR through Mrs Claus, whos is likely an EEA (Norwegian??) citizen. St. Nick of course has a Canadian postal address - Santa Claus, North Pole, Canada, H0H 0H0 (it is an actual postal address).

Yes, it does all makes sense now and you are 100% right, of course...my card does only mention Registration Certificate....
Really frustrating from my part...thank you so much for the clear example, I hope my case will help others...

I have just redone the new application for the correct card online and will start again the entire process for BC using of the council services as soon as I receive my new card and the correct vignette on it...I am collating my P60 for the last 15 years now....

It would make so much sense if the HO could keep my file open until I send them the correct doc, instead of me redone everything...but unlikely i guess...as long as I do not need to re do all the tests, that’s ok i guess...

thank you for your clear advise and help. I should have done that long time ago!

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Re: Unsuccessful applications

Post by secret.simon » Tue Apr 18, 2017 10:51 pm

You do not need to redo the English and LITUK tests. Just resubmit the application form with the correct evidence and DCPR (and a fresh fee). You should be successful. Bonne Chance and the best of British :)

Did you use the council NCS when you submitted your earlier application? Did they not catch such an elementary mistake?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Unsuccessful applications

Post by hlodryk » Mon May 15, 2017 10:57 pm

Hi,

I'm new to this blog.

Have a question on behalf of those EU nationals applying for BC who have been driving their cars on EU plates (obviously having regular EU MOT's and valid EU insurance) for significantly longer period than legally allowed 6 moths.

Can such circumstance - if found and confirmed by HO - constitute a ground of refusal of BC app?

I can imagine that one of the possible ways for HO to actually find out applicant's number plate is when they check absences (in and out dates, although I'm not sure whether HO does such checks ), and Dover comes up as an entry point. As they can at this point immediately realize that applicant has a car, next thing they can do is to check DVLA only to find out that the person is no on the system, which in turn should give them enough clue that the applicant is driving car not registered in the UK.

Would they have then an access to a ferry booking details which would give them the person's number plate?

astonished
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Re: Unsuccessful applications

Post by astonished » Tue May 16, 2017 11:24 pm

hlodryk wrote:Hi,

I'm new to this blog.

Have a question on behalf of those EU nationals applying for BC who have been driving their cars on EU plates (obviously having regular EU MOT's and valid EU insurance) for significantly longer period than legally allowed 6 moths.

Can such circumstance - if found and confirmed by HO - constitute a ground of refusal of BC app?

I can imagine that one of the possible ways for HO to actually find out applicant's number plate is when they check absences (in and out dates, although I'm not sure whether HO does such checks ), and Dover comes up as an entry point. As they can at this point immediately realize that applicant has a car, next thing they can do is to check DVLA only to find out that the person is no on the system, which in turn should give them enough clue that the applicant is driving car not registered in the UK.

Would they have then an access to a ferry booking details which would give them the person's number plate?

Hi

The HO don't do the particular check you describe for entries and exits.

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Re: Unsuccessful applications

Post by smallpie » Wed May 17, 2017 6:50 pm

The.Watcher wrote:How many people are going / have been affected by the new good character requirements like section 9.7. & has anybody heard of any reconsiderations that have been successful?
9.7 Evasion of immigration control
The decision maker will normally refuse an application if within the 10 years
preceding the application the person has not been compliant with immigration
requirements, including but not limited to having:
a. failed to report
b. failed to comply with any conditions imposed under the Immigration Acts
c. been detected working in the UK without permission
Hi, it may seem an old post, but am curious to know some facts pls.
What immigration offence did you actually got refused on for your BC?

Did u apply thru ILR or PR?
CITIZENSHIP confirmed.

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Re: Unsuccessful applications

Post by CR001 » Wed May 17, 2017 7:06 pm

smallpie wrote:
The.Watcher wrote:How many people are going / have been affected by the new good character requirements like section 9.7. & has anybody heard of any reconsiderations that have been successful?
9.7 Evasion of immigration control
The decision maker will normally refuse an application if within the 10 years
preceding the application the person has not been compliant with immigration
requirements, including but not limited to having:
a. failed to report
b. failed to comply with any conditions imposed under the Immigration Acts
c. been detected working in the UK without permission
Hi, it may seem an old post, but am curious to know some facts pls.
What immigration offence did you actually got refused on for your BC?

Did u apply thru ILR or PR?
This user got BC in Oct 2015 through refugee status. The bit you quote is usually breaching immigration rules, ie working full time or more than 20 hours pw as a Student or contracting on Tier 2 General, overstaying etc for example.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

hlodryk
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Re: Unsuccessful applications

Post by hlodryk » Wed May 17, 2017 10:24 pm

astonished wrote:
hlodryk wrote:Hi,

I'm new to this blog.

Have a question on behalf of those EU nationals applying for BC who have been driving their cars on EU plates (obviously having regular EU MOT's and valid EU insurance) for significantly longer period than legally allowed 6 moths.

Can such circumstance - if found and confirmed by HO - constitute a ground of refusal of BC app?

I can imagine that one of the possible ways for HO to actually find out applicant's number plate is when they check absences (in and out dates, although I'm not sure whether HO does such checks ), and Dover comes up as an entry point. As they can at this point immediately realize that applicant has a car, next thing they can do is to check DVLA only to find out that the person is no on the system, which in turn should give them enough clue that the applicant is driving car not registered in the UK.

Would they have then an access to a ferry booking details which would give them the person's number plate?

Hi

The HO don't do the particular check you describe for entries and exits.


Hi,

Thanks for info.
But what if HO detects in some other way that the applicant may have a car, and subsequent DVLA check gives them hint that the guy is probably driving EU registered car. Would that fact make it more difficult for them to meet good character requirement?

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Re: Unsuccessful applications

Post by smallpie » Wed May 17, 2017 10:57 pm

CR001 wrote:
smallpie wrote:
The.Watcher wrote:How many people are going / have been affected by the new good character requirements like section 9.7. & has anybody heard of any reconsiderations that have been successful?
9.7 Evasion of immigration control
The decision maker will normally refuse an application if within the 10 years
preceding the application the person has not been compliant with immigration
requirements, including but not limited to having:
a. failed to report
b. failed to comply with any conditions imposed under the Immigration Acts
c. been detected working in the UK without permission
Hi, it may seem an old post, but am curious to know some facts pls.
What immigration offence did you actually got refused on for your BC?

Did u apply thru ILR or PR?
This user got BC in Oct 2015 through refugee status. The bit you quote is usually breaching immigration rules, ie working full time or more than 20 hours pw as a Student or contracting on Tier 2 General, overstaying etc for example.
Thanks for the response.
Can being overstayed in the past attracts refusal to a PR holder tho?

As I mostly read refusal on here, with ILR holder.

And for PR Holder, the qualifying period Is the 6yrs rite? ( 5 on Rc + 1 on PR).
Or do they put into account one's previous immigration status prior the 6yrs immigration status?

Because on the questionaire during NCS, it was asked " if since arriving in the UK, have you breach immigration rules"?
( in my case YES).
Overstayed for upto one year before acquiring EU family member status.
CITIZENSHIP confirmed.

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