British citizenship application refusal

[Omega17]

Refused naturalisation on Good Character

Hi, I am new here so not sure how to go about this.

Reason for refusal of British citizenship

I refer to your application for naturalisation as a British citizen. One of the requirements for citizenship is the applicant is of good character. ‘Good character ‘ is not defined in the British Nationality Act 1981 but the applicant is expected to have shown due to regard for the the laws in the ten year period prior to the date of an application the application will normally be refused.

This would include where an applicant has failed to report as required under the terms of their temporary admission to this country.

You were set up with reporting restrictions and issued with an IS96 clearly explaining you were to report to an immigration officer at UK immigration service (address) on 28/7/06 at 10:45 you failed to comply with your reporting conditions and Absconder action was taken you were issued with ISI59 on 7/8/06. You then presented yourself back to the Home office in 2009. You then began to comply with your reporting conditions again on 2/4/09. As you have not been compliant with UK Immigration laws your application has been refused.

It is open to you to re-apply for citizenship at any time but an application made before 2/4/19 is unlikely to succeed. Before submitting a further application for citizenship, you should ensure that you meet all the requirements and that you have fully complied with UK Immigration laws in the ten year period prior to the date of application.

As explained in our schedule fees, the application fee for British citizenship is not refundable......
Arrangements are being made to return £80 which is refunded in the case of unsuccessful applications where an applicant is not required to attend a citizenship ceremony.

Next Steps
If you believe the decision to refuse your application was not soundly based on nationality law, policy or our procedures and you wish it to be reconsidered, you must complete Form NR and pay a fee.

My immigration history in short:

I came here December 1999 on a visit visa then before it was expired I got a student visa that expired July 2001.
I was in an abuse relationship and gave birth to my first child in March 2001 before visa expired. I did try renewing my visa with College before it expired but the college refused based on abusive expartner. My church members took me to social services who help to flee my abusive partner to a women’s refuge in February 2002, by then my visa was expired.
I found a solicitor who applied for asylum and it got refused. This appeal for asylum went on for years. I had another partner in 2004 and fell pregnant in 2005. It turned to be another abusive relationship and I lost the baby in September 2005.
I remember complying with the reporting to immigration but missed a date or two due to the fact that my relationships turn out to be abusive. All these information I believe was summits to immigration by my several lawyers.
There are times when I didn’t have a concrete address because I had my child and didn’t have a steady job because of immigration control. The immigration are aware of all this because I didn’t hide anything. They knew I had to flee domestic violence and that I had no control over issues that happened to me while they held on to my passport since 2002.

With all the abuse and issues during my pregnancy, For years now I suffer from anxiety, depression, high blood pressure, umbilical hernia, Bells Palsy on right of my face,incontenent, anemia, poor blood circulation and medications.

During all these struggles I had no choice but find ways to work to provide food and a roof over my child’s head.
I have not got myself involved in any criminal activities nor committed any crime!

I have worked send muse to college and university and have finally achieved a degree in Childhood studies while held on to my passport.

I can’t remember but if I did missed my report date is probably because I did not live anywhere specific. I have continued to pay immigration fees mounting over £10,000 in order to legalise my status in this country.

The last lawyer I found in 2008 submitted all these past information and as for a discretion on my application in January 2009 and not April 2009 as the caseworker stated. But I was asked to started reporting in April 2009 every week until they grant me ILR March 2010.

I am in on going therapy.
I am stressed and fed up.

[Omega17]

Can Amber or anyone please advice me if I can apply for reconsideration in my post above.

I wasn’t aware they had changed the Good character policy and far as I understand I am eligible to apply since 2015.

The other thing is the case worker picked on my reporting date that I missed even though they were aware of my circumstances and that I was working without a visa. I am worried that if I apply again next year they will pick on one these again and refuse my application.

I am thinking if I ask for a reconsideration based on the fact that all these things were out of my control.

Am really stressed, please advise me.

[Hstepper07]

Can Amber or anyone please advice me if I can apply for reconsideration in my post above.

I wasn’t aware they had changed the Good character policy and far as I understand I am eligible to apply since 2015.

The other thing is the case worker picked on my reporting date that I missed even though they were aware of my circumstances and that I was working without a visa. I am worried that if I apply again next year they will pick on one these again and refuse my application.

I am thinking if I ask for a reconsideration based on the fact that all these things were out of my control.

Am really stressed, please advise me.

Not being aware of the changes in immigration rules is not a reason for reconsideration and it won't fly.
In my opinion, if you were experiencing all the health issues including (psycological/mental health issues) that you mentioned which may have been triggered from the abuse/other health issues, it can be grounds for reconsideration under mitigating circumstances as you were not in control of your actions at the time.
Some of the health condition you mention can be classed as disability which is a physical or mental impairment that has a substantial and long-term negative effect on your ability to do normal daily activities (which may include failing to comply with immigration reporting condition)
If you were receiving treatment or support (gp/social worker/cognitive behavioral therapy) at the time that you failed to report, i feel you can submit evidence of this which will strengthen your case.
Another thing is that reconsideration takes time so you may consider waiting until 2019 to reapply.

If you reapply in 2019 and they refuse you again for the same reason which they have already highlighted(which they should not) then I feel it will be enough grounds for reconsideration.

You also mentioned that you were working without a visa. When was this as it is also illegal and may hinder your case?

[Omega17]

Hi Hstepper07,
Thank for your reply.
During the time when my mental health started I was unaware of what help I could get ( therapy or medications) especially because I did not have a visa and didn’t know anyone that could assist me in time.

But I remember going to the doctors on several occasions and telling them about my problems, especially when my expartner abused me in 2005 and I lost the baby I was also reporting then and I did informed the immigration but I feel no one really cared about my suffering. My ex threatened to go to the police and tell a bunch of lies on me so he can have me thrown out of the country, when I lost the baby and he started beating me and saying I killed his first child. I was scared and didn’t know my rights, but I had to go to the doctors because I was bleeding heavily and told him about the incident. I can’t remember everything that happened after that.
I went to the surgery and ask for a record of my medical history from 2000 but they are trying to say they don’t have it that far back on the new surgery system if the other surgeries did not send my records over, but they will check further. So am now waiting for their reply.
Home Office and immigration are aware of my abuse as I remember going to court to plea my case for asylum but later refused, but keep granting me appeal until it was exhaust.
I was illegal from 2001 July 31 until March 5th 2010 when they gave me ILR. They were already informed that I worked illegally has I submitted my payslips, paid taxes, College and university degree. My solicitor at that time encouraged me to give them everything and recommendations on my Good character from people I have made associates with during that time.

All these evidence including the reason why I missed my reporting date was brought before them and so they ask me to start reporting again every week in April 2009 up until March 2010 when they grant me ILR. On my ILR states that “This leave has been granted exceptionally, outside the Immigration Rules.i

I don’t understand and why are they asking me to relive my horrible past experiences?
I am on medication for mental illness, medical and counselling. I have two kids one 17 and the other 3 that has just been diagnosed with autism. My husband who is on a spouse visa and he walked out and left me. A solicitor did advices me that on the naturalisation form that I am unaware of my husband’s address and I did. Am I been punished? I don’t have any luck with men they always take advantage of me, and am in counselling for it now.
I have been through a lot of abuse and it’s too graphic to say on here.

I hope I answered all your questions.
Please reply.

[Omega17]

Hi casa or anyone
I applied in November 2017 and got a refusal in April 2018 stating that I was an absconder as I failed to report in 2006. The letter also state that I came back to them in 2009 and Start reporting again in April 2009 so I should reapply in April 2019, and an application is likely to refuse before that time.
I was in an abusive relationship and had fled domestic violence but can’t remember of this date that they are talking about but I have accepted it. Also I have been suffering from anxiety and depression for years now amongst other medical problems which everything was presented in my application before I was given ILR in March 2010 outside the immigration rule.
The letter also state if I feel the decision is wrong I should ask for reconsideration.
For over 15 years I have worked while my I’ll health got worst and I am on medications and disability allowance since 2016, but I am trying to get back into work as I am in therapy as well.
Do I have any grounds to ask for reconsideration?

Someone please reply.
Thank you.

[Hassan7861]

Hi casa or anyone
I applied in November 2017 and got a refusal in April 2018 stating that I was an absconder as I failed to report in 2006. The letter also state that I came back to them in 2009 and Start reporting again in April 2009 so I should reapply in April 2019, and an application is likely to refuse before that time.
I was in an abusive relationship and had fled domestic violence but can’t remember of this date that they are talking about but I have accepted it. Also I have been suffering from anxiety and depression for years now amongst other medical problems which everything was presented in my application before I was given ILR in March 2010 outside the immigration rule.
The letter also state if I feel the decision is wrong I should ask for reconsideration.
For over 15 years I have worked while my I’ll health got worst and I am on medications and disability allowance since 2016, but I am trying to get back into work as I am in therapy as well.
Do I have any grounds to ask for reconsideration?

Someone please reply.
Thank you.

If u have enough money then i suggest u should apply again with the covering letter explaining everything. Im saying this because of my personal experience almost everyone told me that i wont get the ILR but i still applied it took 1 and a half years but in the end i got the ILR. So where there is a will their is a way. Here we can only give u a advice end of the day its ur decesion as u know ur situation better then anyone. If i was at ur place i would have give it another go i would not wait until 2025

[Omega17]

Hi Hassan7861
Thanks for replying,
But am not sure if your answer is meant for my question as mentioned about not waiting to apply again in 2025. They are asking me to apply again in April 2019. And as far as I can remember they were aware of my situation such as I had to flee Domestic violence with my 10 month old baby from my ex and his family here in England has social services moved me from one county to the next in a women’s refuge.
I came here in 1999 from the Caribbean legally on a visit visa then got a student visa that expired in July 2002. I have spend over £10,000 in immigration fees trying to legalise my stay. They had my passport all that time until they gave me ILR in March 2010. I had my child to take care of so I had to work illegally. All my problems was put to them, I even went to court and lost they keep telling me to appeal until it was exhaust.
Someone mention to me about the “wind rush” situation, do you think I have been caught up in that because I am from the Caribbean?
I am not working and been on disability benefit since 2016. I have two children now on my own, my second Child also has a disability. Where am I going to find £2,000 to apply again in a years time when it took me five years to save it?
I am really stressed and depressed.
Does anyone know a case that has been similar to mine that has been granted reconsideration?
Please reply someone.

[Casa]

I have moved your posts to your own topic. As you've already discovered, tagging onto the end of another member's thread causes confusion when no one know who they are responding to and it all becomes a jumble It's also unfair to the member who opened the thread.

Please continue here.

[CR001]

Posts Merged (click)

[Omega17]

Hi casa,
I am unaware how this thing work. Am I on the right page now to post?

Please reply.
I thank you

[CR001]

Am I on the right page now to post?

Yes, this is your topic.

[Omega17]

Hi CR001
Thanks for reply.
Do I need to write my query here again am not sure if anyone can see it.

If you can see my query can you advise me on what to?
Am trying to find out of much as possible and to understand it all.
If I was qualified to naturalisation in 2015 and someone said they upgrade the policy to Good character do you think they made a mistake with my case?

Please reply.

[Omega17]

Hi CR001,

Thank you for sending me this link to my thread has I had trouble finding it, it might be because am dyslexic and dyslexic.

Anyway I have been reading a lot on here and trying to understand it all.

So I was refused as they stated I didn’t continue to report in July 2006. They also stated that I reappear again in 2009 and started comply reporting in April 2009.

This is my argument:
December 1999 on a visit visa for 6 months.
Before visit ended received a student visa which ended in July 2001. I gave birth to my first child March 2001 before visa expired.
I was in an abbusive relationship which the church assisted me to social services who sent me to a women’s refuge in February 2002.
A solicitor submitted an asylum application having fled domestic violence from my ex.
As far as am aware, During the period of 2002 to 2009 I was an a asylum seeker fleeing Dosmestic violence. I have had several appeals on my asylum application by several different Solicitors just trying legalise myself and my child.
I found a new partner in 2004 that turned out to be abusive as well. We were going to get married but then I had miscarriage and couldn’t cope with the abuse so I end the relationship in 2006.
I have worked illegally during 2002 -2010 paying all immigration fees, Solicitors fees, caring for my child, sending myself to college and university out my own pocket.
During all this I have been battling with mental health- anxiety and depression.
The caseworker mentioned that I approached them again but in fact I found a different solicitor to take on my case as I feel this was dragging out much too long.
I have not got myself into any trouble or breach immigration deliberately.

I was asked to submit everything mentioned above to proof am of “Good character”, an asylum seeker, fleeing domestic violence, mental health. All evidence submitted and I was finally granted
“ILR exceptionally outside of the immigration rule”

Now I thought there was a policy for applicants in my situation, asylum seeker, Domestic violence victims, mental health and I was refused based on a missed reporting date, which was clearly out of my control.

Can someone please tell me how I can ask for a reconsideration. I am suffering ill health and have been put in disability benefits since 2016.
Yes I feel very desperate and vulnerable.
I feel as if I flee from domestic violence which cause the delay in renewing my visa before it expired as made my situation worse.
I feel the system as really failed me.

[Candydaniels]

Hi, onion. Sorry for all you have gone through. In my opinion, I'll advise you just wait and reapply in April 2019 as the case worker advised. It won't be long. You have already waited this long my dear. No need to waste anymore money.
I am in the refusal situation as well, waiting till 2025 to re apply. Best of luck girl. Please do let us know how it goes so others can pick from it.

[Omega17]

Thanks for your reply CandyDaniels,

My name is Omega17 and not onion but I’ll assume you’re responding to me.

One of the advisers on here did made a point out to someone else’s post that not because they you suggested you’ll get it at the time specified as they can also refuse on something else.

I have also seen where people posted that they have been refused on two separate grounds on separate applications.

Can CR001, Amber or any other moderators give some advice please. Wow am really pleading here.

Thanks much

[ouflak1]

If u have enough money then i suggest u should apply again with the covering letter explaining everything. Im saying this because of my personal experience almost everyone told me that i wont get the ILR but i still applied it took 1 and a half years but in the end i got the ILR.

Citizenship has a different set of rules from ILR and decided by a completely different department. It is much more strict with more tightly defined and rigidly applied guidelines.

[Hassan7861]

If u have enough money then i suggest u should apply again with the covering letter explaining everything. Im saying this because of my personal experience almost everyone told me that i wont get the ILR but i still applied it took 1 and a half years but in the end i got the ILR.

Citizenship has a different set of rules from ILR and decided by a completely different department. It is much more strict with more tightly defined and rigidly applied guidelines.

You are absolutely right . But like every other case in british citizenship secertary of state have discreation which they can use if they want to.

[Omega17]

Thanks for your reply outflak1
Thanks for your reply Hassan7861,

Do you know of any descretion policy for naturalisation regarding victims of domestic violence, asylum seeker that missed their reporting date which is out of their control or mental/ disability?

I ask because this what has happened to me.

I await your reply thanks.

[ouflak1]

Thanks for your reply outflak1
Thanks for your reply Hassan7861,

Do you know of any descretion policy for naturalisation regarding victims of domestic violence, asylum seeker that missed their reporting date which is out of their control or mental/ disability?

That isn't really the point of citizenship, no. All of that stuff is what visas and the like are for.

[Omega17]

Hi ouflak1,

Even though I haven’t got a clue what you’re trying to say I thank you replying.
I ask the question because I’ve seen where someone been an asylum seeker got ILR and later was refused Naturalisation because they were illegal and one of the moderators on here wrote a letter for that someone referencing policy on asylum seeker and they responded they were granted with naturalisation after submitting that letter.

So I wanted to find where to get the asylum policy or guidance and so on....

I thank you

[cyclina1]

Hi Hstepper07,
Thank for your reply.
During the time when my mental health started I was unaware of what help I could get ( therapy or medications) especially because I did not have a visa and didn’t know anyone that could assist me in time.

But I remember going to the doctors on several occasions and telling them about my problems, especially when my expartner abused me in 2005 and I lost the baby I was also reporting then and I did informed the immigration but I feel no one really cared about my suffering. My ex threatened to go to the police and tell a bunch of lies on me so he can have me thrown out of the country, when I lost the baby and he started beating me and saying I killed his first child. I was scared and didn’t know my rights, but I had to go to the doctors because I was bleeding heavily and told him about the incident. I can’t remember everything that happened after that.
I went to the surgery and ask for a record of my medical history from 2000 but they are trying to say they don’t have it that far back on the new surgery system if the other surgeries did not send my records over, but they will check further. So am now waiting for their reply.
Home Office and immigration are aware of my abuse as I remember going to court to plea my case for asylum but later refused, but keep granting me appeal until it was exhaust.
I was illegal from 2001 July 31 until March 5th 2010 when they gave me ILR. They were already informed that I worked illegally has I submitted my payslips, paid taxes, College and university degree. My solicitor at that time encouraged me to give them everything and recommendations on my Good character from people I have made associates with during that time.

All these evidence including the reason why I missed my reporting date was brought before them and so they ask me to start reporting again every week in April 2009 up until March 2010 when they grant me ILR. On my ILR states that “This leave has been granted exceptionally, outside the Immigration Rules.i

I don’t understand and why are they asking me to relive my horrible past experiences?
I am on medication for mental illness, medical and counselling. I have two kids one 17 and the other 3 that has just been diagnosed with autism. My husband who is on a spouse visa and he walked out and left me. A solicitor did advices me that on the naturalisation form that I am unaware of my husband’s address and I did. Am I been punished? I don’t have any luck with men they always take advantage of me, and am in counselling for it now.
I have been through a lot of abuse and it’s too graphic to say on here.

I hope I answered all your questions.
Please reply.

Since you were working illegally before you granted ILR on 5th MAR, 2010. To avoid the caseworker bring the other issue up and refuse your application on 2019 as what they suggested, you may even should apply on or after 5th MAR,2020. Like what you may aware, they can refuse you again on the other ground. Sorry to hear your story but unfortunately the HO works by rule, not compassion.... even your ILR granted "outside the immigration rule" (you have no valid leave), they considered your ILR by "compassion" but still within their guidelines.

[ouflak1]

Hi ouflak1,

Even though I haven’t got a clue what you’re trying to say I thank you replying.
I ask the question because I’ve seen where someone been an asylum seeker got ILR and later was refused Naturalisation because they were illegal and one of the moderators on here wrote a letter for that someone referencing policy on asylum seeker and they responded they were granted with naturalisation after submitting that letter.

So I wanted to find where to get the asylum policy or guidance and so on....

I thank you

Asylum seekers have historically been given some extra leeway (not a lot) if there was no deception involved, they entered the country legally, and the time between their entry and their claim to asylum was small (preferrably immediately on entry, but within 3 months seems to be acceptable). In those cases where an applicant successfully got asylum, some amount of illegal residence may be disregarded (again usually a small amount).

I think that kind of case is very different from what your situation is.

[Omega17]

Thank you cyclina1
Thank you ouflak1

Am getting what you’re saying now. But I just have a few more questions.

Please bare in mind my solicitor submitted application for asylum from 2002, submitting all my documents which was held by the Home office. While I am greatful that it was granted in 2010, during the past 8 years a lot of bad things happened to me that also affected my baby while I was waiting on their decision, which also caused me to missed their reporting date.

When I was given ILR 2010 I was specifically told then to apply for BC in 5 years =2015, so is it because they have tightened up on the policy why my application is affected?
My worry is if I decide to wait until 2020 and they change the law again which keeps affecting my application, then what?

I thank you

[vinny]

Unfortunately,

There is a third reason. An individual's legitimate expectation is normally that his application will be dealt with in accordance with the policy applicable at the time that the decision is taken. If the claimant is to displace that, and have a different legitimate expectation, then in my judgment, as a minimum, the claimant would have had to see and known of that document said to give rise to that expectation, otherwise his only legitimate expectation would be that he would be dealt with in accordance with whatever policy was in force at the time of the decision of his application.