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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
PR is acquired under EU law, which is much more relaxed and abstract. Naturalisation is under UK law, which is much more specific and stricter. Two completely different and separate systems of law.
Did you not give the SSHD/caseworker sufficient grounds to exercise discretion? In other words, did you explain in a cover letter what your job is, why you need to be absent for the purpose of your work, why your absences were unavoidable and requesting that discretion be exercised due to that specific circumstance?Sam1311 wrote: ↑Sat Mar 17, 2018 11:47 pmThe wording of the received letter is provided below:
“Dear Mr XYZ,
....
As you were absent from the United Kingdom for a total of 743 days, you exceeded the limit of 450 days in the five years preceding your application.
The Secretary of State has considered waiving your failure to meet this requirement but cannot find sufficient grounds to do so and your application has therefore been refused.
Hi Secret.Simon and thank you for the prompt response.secret.simon wrote: ↑Sun Mar 18, 2018 1:31 amPR is acquired under EU law, which is much more relaxed and abstract. Naturalisation is under UK law, which is much more specific and stricter. Two completely different and separate systems of law.
Did you not give the SSHD/caseworker sufficient grounds to exercise discretion? In other words, did you explain in a cover letter what your job is, why you need to be absent for the purpose of your work, why your absences were unavoidable and requesting that discretion be exercised due to that specific circumstance?Sam1311 wrote: ↑Sat Mar 17, 2018 11:47 pmThe wording of the received letter is provided below:
“Dear Mr XYZ,
....
As you were absent from the United Kingdom for a total of 743 days, you exceeded the limit of 450 days in the five years preceding your application.
The Secretary of State has considered waiving your failure to meet this requirement but cannot find sufficient grounds to do so and your application has therefore been refused.
Ella314 wrote: ↑Thu Jun 15, 2017 12:13 pm@ CR001
In 2008 I was granted discretionary leave to remain till 13/04/2011. Then in March 2011 (a month before the deadline) I was advised by my solicitor to apply for ILR on the grounds of long residence. HO refused this application and granted leave to remain on a discretionary basis in November 2012. Finally, after I completed 6 years of DL got my ILR in 2016. After 12months I submitted my BC application in March this year. In their refusal letter they're saying that I was in breach of the Immigration laws from April 2011 - my first DL expired until November 2012 when my second leave was granted. My argument is that I submitted my application well before the deadline and according to section 3c Immigration Act 1971 'your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay.' Apart from this I have no other breaches/criminal convictions and other issues, and even if it was a breach- it was not deliberate.
Hi ella314Ella314 wrote: ↑Wed Mar 21, 2018 9:28 pmHi, finally got some news from HO after 9months.
My application is undergoing a full reconsideration (whatever that means!)
I submitted a reconsideration request with all supporting documents. Now they’re saying another requirement is that the applicant is of good character. Since I was without leave to remain between 2000 and 2008 it would appear that I was not compliant with Uk immigration laws during this period and may not meet the good character requirement. In order for them to give further consideration, I must complete the enclosed questionnaire with the appropriate evidence and sent it back by 30/03/2008 (HO put this date )
I’m very confused what to do. This is more than 10years. Any advice would be much appreciated!
Ella314 wrote: ↑Thu Jun 15, 2017 12:13 pm@ CR001
In 2008 I was granted discretionary leave to remain till 13/04/2011. Then in March 2011 (a month before the deadline) I was advised by my solicitor to apply for ILR on the grounds of long residence. HO refused this application and granted leave to remain on a discretionary basis in November 2012. Finally, after I completed 6 years of DL got my ILR in 2016. After 12months I submitted my BC application in March this year. In their refusal letter they're saying that I was in breach of the Immigration laws from April 2011 - my first DL expired until November 2012 when my second leave was granted. My argument is that I submitted my application well before the deadline and according to section 3c Immigration Act 1971 'your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay.' Apart from this I have no other breaches/criminal convictions and other issues, and even if it was a breach- it was not deliberate.
Birmingham06 wrote: ↑Thu Mar 22, 2018 5:37 pmHi ella314
Send them anything you can with a covering letter. I was in the same situation , after sending my questionnaire and few supporting documents I received my approval in just a week time.
Good luck.
@ella314Ella314 wrote: ↑Sat Mar 24, 2018 10:50 amBirmingham06 wrote: ↑Thu Mar 22, 2018 5:37 pmHi ella314
Send them anything you can with a covering letter. I was in the same situation , after sending my questionnaire and few supporting documents I received my approval in just a week time.
Good luck.
Hello Birmingham06, thank you very much for your reply. Fortunately, I always keep my documents (bank statements, immigration doc., hospital letters, MP’s letters etc). You were so lucky to receive your approval so quickly. Thanks again for this info.
Hiya, I saw in the timeline thread you were approved in the end despite putting your intention was to live in Australia. What was the process for you? Were you able to hold your ceremony in Australia?DaisyRah wrote: ↑Wed Apr 06, 2016 10:29 amI can't find where in the application or supporting documents it says that I need to be staying in the UK. I have followed up with the case worker and explained my situation, so I guess I'll just wait and see.
(From the application form)
2.3 Please tell us in which country you intend to have your main home if you are naturalised.
If this country is outside the United Kingdom and i) you are not married to or the civil partner of a British citizen and ii) you intend to enter into or continue Crown service, service in an international organisation or employment with a company or association established in the United Kingdom, please include a letter of explanation.
(Which makes it sound like its ok to list somewhere outside the UK if you ARE married to a BC)
This user last visited the forum in June 2016. Unlikely you will get a response.CourtneyRad wrote: ↑Sat Mar 24, 2018 10:47 pmHiya, I saw in the timeline thread you were approved in the end despite putting your intention was to live in Australia. What was the process for you? Were you able to hold your ceremony in Australia?DaisyRah wrote: ↑Wed Apr 06, 2016 10:29 amI can't find where in the application or supporting documents it says that I need to be staying in the UK. I have followed up with the case worker and explained my situation, so I guess I'll just wait and see.
(From the application form)
2.3 Please tell us in which country you intend to have your main home if you are naturalised.
If this country is outside the United Kingdom and i) you are not married to or the civil partner of a British citizen and ii) you intend to enter into or continue Crown service, service in an international organisation or employment with a company or association established in the United Kingdom, please include a letter of explanation.
(Which makes it sound like its ok to list somewhere outside the UK if you ARE married to a BC)
Thanks!!
I know I just thought maybe worth a tryCR001 wrote: ↑Sun Mar 25, 2018 12:33 pmThis user last visited the forum in June 2016. Unlikely you will get a response.CourtneyRad wrote: ↑Sat Mar 24, 2018 10:47 pmHiya, I saw in the timeline thread you were approved in the end despite putting your intention was to live in Australia. What was the process for you? Were you able to hold your ceremony in Australia?DaisyRah wrote: ↑Wed Apr 06, 2016 10:29 amI can't find where in the application or supporting documents it says that I need to be staying in the UK. I have followed up with the case worker and explained my situation, so I guess I'll just wait and see.
(From the application form)
2.3 Please tell us in which country you intend to have your main home if you are naturalised.
If this country is outside the United Kingdom and i) you are not married to or the civil partner of a British citizen and ii) you intend to enter into or continue Crown service, service in an international organisation or employment with a company or association established in the United Kingdom, please include a letter of explanation.
(Which makes it sound like its ok to list somewhere outside the UK if you ARE married to a BC)
Thanks!!
Code: Select all
April 2007
emailubk wrote: ↑Tue Apr 03, 2018 5:32 pmHi All, can some one help me, I am bit worried about BC, I recently applied for BC? once back in 2006 visa got rejected and i went through court(and challenged HO) and court accepted it and and visa got approved. but it took 6 months to process all these(me with out visa all these days)
Details:
Student - 18 Mar - 05 till 31st OCt 2006
I've student visa until 31st OCT 2006 (Applied for HSMP and got approved letter asking for apply for visa)
When i applied for visa i got rejected. then i went to court to challenge and court gave decision and visa got approved and stamped on 16 april 2007.
but i don't have visa between 31st oct 2006 and 16th april 2007.
Will i get rejected for BC?
Please help.
Thanks in advance.
mhsadique wrote: ↑Wed Apr 04, 2018 11:41 pmEven if you are over stay before, still you didn't break any immigration law past 10 years legal stay in UK. So Particular this reason you application will not be refuse.Code: Select all
April 2007
emailubk wrote: ↑Tue Apr 03, 2018 5:32 pmHi All, can some one help me, I am bit worried about BC, I recently applied for BC? once back in 2006 visa got rejected and i went through court(and challenged HO) and court accepted it and and visa got approved. but it took 6 months to process all these(me with out visa all these days)
Details:
Student - 18 Mar - 05 till 31st OCt 2006
I've student visa until 31st OCT 2006 (Applied for HSMP and got approved letter asking for apply for visa)
When i applied for visa i got rejected. then i went to court to challenge and court gave decision and visa got approved and stamped on 16 april 2007.
but i don't have visa between 31st oct 2006 and 16th april 2007.
Will i get rejected for BC?
Please help.
Thanks in advance.
Hi thereSam1311 wrote: ↑Sun Mar 18, 2018 9:47 amHi Secret.Simon and thank you for the prompt response.secret.simon wrote: ↑Sun Mar 18, 2018 1:31 amPR is acquired under EU law, which is much more relaxed and abstract. Naturalisation is under UK law, which is much more specific and stricter. Two completely different and separate systems of law.
Did you not give the SSHD/caseworker sufficient grounds to exercise discretion? In other words, did you explain in a cover letter what your job is, why you need to be absent for the purpose of your work, why your absences were unavoidable and requesting that discretion be exercised due to that specific circumstance?Sam1311 wrote: ↑Sat Mar 17, 2018 11:47 pmThe wording of the received letter is provided below:
“Dear Mr XYZ,
....
As you were absent from the United Kingdom for a total of 743 days, you exceeded the limit of 450 days in the five years preceding your application.
The Secretary of State has considered waiving your failure to meet this requirement but cannot find sufficient grounds to do so and your application has therefore been refused.
I applied by Hammersmith & Fulham NCS who prepared the cover letter at that time, also I remember adding some extra related details in page 22 of the AN application, but I can't recall the exact wording now, beside attaching a letter of employment were it's clearly stated "Role requires excessive travelling, within the UK, Europe and abroad.".
In the cover letter I sent, to provide traveling details covering the last five years, I mentioned that "Please note that, my role with Employer as a Field Engineer requires demanding traveling to Customers’ sites in the UK, Europe and abroad. And thus, traveling is an unavoidable consequence of the nature of my work."
So, I believed all required details were submitted, even when i think about going forward with the NR form, not really sure what else to tell to support my application .. maybe the obvious again(?!) Thanks!
shah814 wrote: ↑Tue Jul 26, 2016 9:05 pmhi all new to this forum just a quick question , can any one put the light regarding the refusal of naturalisation on the basis of extra work during the student visa , and what about those people who only worked full time during term time because with HMRC they do not tell you when u worked part time and when you worked full time,
please share some experience if any respected member had this issue.
many thanks
Sunnydaylana wrote: ↑Wed Apr 11, 2018 9:44 pmshah814 wrote: ↑Tue Jul 26, 2016 9:05 pmhi all new to this forum just a quick question , can any one put the light regarding the refusal of naturalisation on the basis of extra work during the student visa , and what about those people who only worked full time during term time because with HMRC they do not tell you when u worked part time and when you worked full time,
please share some experience if any respected member had this issue.
many thanks
It would be great to hear more on this if anyone can share experience? Would it be advisory to obtain employment contracts / payslips?
Ella314 wrote: ↑Sat Mar 24, 2018 10:50 amBirmingham06 wrote: ↑Thu Mar 22, 2018 5:37 pmHi ella314
Send them anything you can with a covering letter. I was in the same situation , after sending my questionnaire and few supporting documents I received my approval in just a week time.
Good luck.
Hello Birmingham06, thank you very much for your reply. Fortunately, I always keep my documents (bank statements, immigration doc., hospital letters, MP’s letters etc). You were so lucky to receive your approval so quickly. Thanks again for this info.
Ella314 wrote: ↑Wed Mar 21, 2018 9:28 pmHi, finally got some news from HO after 9months.
My application is undergoing a full reconsideration (whatever that means!)
I submitted a reconsideration request with all supporting documents. Now they’re saying another requirement is that the applicant is of good character. Since I was without leave to remain between 2000 and 2008 it would appear that I was not compliant with Uk immigration laws during this period and may not meet the good character requirement. In order for them to give further consideration, I must complete the enclosed questionnaire with the appropriate evidence and sent it back by 30/03/2008 (HO put this date )
I’m very confused what to do. This is more than 10years. Any advice would be much appreciated!
Ella314 wrote: ↑Thu Jun 15, 2017 12:13 pm@ CR001
In 2008 I was granted discretionary leave to remain till 13/04/2011. Then in March 2011 (a month before the deadline) I was advised by my solicitor to apply for ILR on the grounds of long residence. HO refused this application and granted leave to remain on a discretionary basis in November 2012. Finally, after I completed 6 years of DL got my ILR in 2016. After 12months I submitted my BC application in March this year. In their refusal letter they're saying that I was in breach of the Immigration laws from April 2011 - my first DL expired until November 2012 when my second leave was granted. My argument is that I submitted my application well before the deadline and according to section 3c Immigration Act 1971 'your existing immigration status will continue until your application is decided, even if the decision is not made until after the end of your permitted stay.' Apart from this I have no other breaches/criminal convictions and other issues, and even if it was a breach- it was not deliberate.
There are 8 questions:garbouz wrote: ↑Sat Apr 14, 2018 4:27 pmHi there, i'm new to the board and after having read your post, i found i'm in kind of the same situation u were in but i haven't applied yet for BC. is there any chance you could provide a copy of the questionnair you have received from HO please? it'll be much appreciated . thank you
Ella314 wrote: ↑Fri Apr 20, 2018 4:14 pmThere are 8 questions:garbouz wrote: ↑Sat Apr 14, 2018 4:27 pmHi there, i'm new to the board and after having read your post, i found i'm in kind of the same situation u were in but i haven't applied yet for BC. is there any chance you could provide a copy of the questionnair you have received from HO please? it'll be much appreciated . thank you
1. What steps did you take to regularize your stay during the period in question?
2. Where did you live during this period and who else lived there?
3. Who was responsible for paying your accommodation costs?
4. When and where did you work during this period?
5. When and where did you study during this period?
6. What benefits did you receive during this period.
7. Did you receive funds from any other source during this period?
8. Is there any information that you wish to provide that may be relevant to your application and the assessment of your ability to meet the good character requirement?
Hope this be helpful to you.
hellosalut wrote: ↑Sun Apr 08, 2018 9:25 pmHi thereSam1311 wrote: ↑Sun Mar 18, 2018 9:47 amHi Secret.Simon and thank you for the prompt response.secret.simon wrote: ↑Sun Mar 18, 2018 1:31 amPR is acquired under EU law, which is much more relaxed and abstract. Naturalisation is under UK law, which is much more specific and stricter. Two completely different and separate systems of law.
Did you not give the SSHD/caseworker sufficient grounds to exercise discretion? In other words, did you explain in a cover letter what your job is, why you need to be absent for the purpose of your work, why your absences were unavoidable and requesting that discretion be exercised due to that specific circumstance?Sam1311 wrote: ↑Sat Mar 17, 2018 11:47 pmThe wording of the received letter is provided below:
“Dear Mr XYZ,
....
As you were absent from the United Kingdom for a total of 743 days, you exceeded the limit of 450 days in the five years preceding your application.
The Secretary of State has considered waiving your failure to meet this requirement but cannot find sufficient grounds to do so and your application has therefore been refused.
I applied by Hammersmith & Fulham NCS who prepared the cover letter at that time, also I remember adding some extra related details in page 22 of the AN application, but I can't recall the exact wording now, beside attaching a letter of employment were it's clearly stated "Role requires excessive travelling, within the UK, Europe and abroad.".
In the cover letter I sent, to provide traveling details covering the last five years, I mentioned that "Please note that, my role with Employer as a Field Engineer requires demanding traveling to Customers’ sites in the UK, Europe and abroad. And thus, traveling is an unavoidable consequence of the nature of my work."
So, I believed all required details were submitted, even when i think about going forward with the NR form, not really sure what else to tell to support my application .. maybe the obvious again(?!) Thanks!
My case was similar to yours and I was successful
I’m working for an uk Airline and I was based overseas for over 600 days ,
And it was an un voidable part of my job ,
I did have a property in the the U.K. and I paid about 20 years NI , so I had a very strong case of links to the U.K.