Naturalisation - Reconsideration

[strongmind]

Morning Ladies & Gentlemen,

It's my first time here and i am hoping someone out there can be of help to my misery please?

May i give you a breakdown of my immigration history so it's easier to give a reasonable advice than going back and forth with questions...below is the letter sent to the UKVI to have my British Citizenship application reconsider after making the decision by error.

Thanks for your decision letter dated xx January 2018 and received xx January 2018 on your decision to refuse my application for British citizenship based on good character which you stated and I quote ‘’You were in the United Kingdom without valid leave between 27/11/12 and 12/10/13 when you were granted leave to remain. You were not therefore compliant with UK Immigration laws during this period. You have provided documentation within your application which clearly shows that you were working without permission. Your application has therefore been refused.’’

May I state that your decision was not soundly based on British Nationality law, policy and your procedures; I don’t want to say your decision is unlawful, unreasonable but I believe there was a procedural error, so therefore I will like my application to be reconsidered and reopen please?

May I refer you to section 3C of Immigration Act 1971 which stated ‘’A person with limited leave to enter or remain who makes ‘in-time’ application for further leave has their leave extended:
-until the decision is served or the application is withdrawn

May I also refer you to the Conditions of Immigration leave which section 3C of Immigration Act 1971 applies; ‘’A person who has section 3C leave remains subject to the conditions attached to their extant leave unless the conditions of their leave are varied by the Secretary of State’’. For example, a person subject to a condition allowing employment may continue to work as before. Any restrictions on the type of employment allowed or the number of hours they can work will still apply.

And in support of the above law is enclosed a letter received from the Home Office stating my status while my application was been decided upon.

Furthermore, in satisfying the requirement under section 6(1) or (2) of the British Nationality Act 1981; I had diligently lived my life in meeting and satisfying the conditions of my leave and I believed exercising your discretion in this case would have make the case a timely sorted application without causing any further backlog.

Requirements to naturalise as a British citizen:
• Discretionary leave to remain: 25 November 2009 – 24 November 2012
• Made in-time application: Letter to support with section 3C of Immigration Act 1971
• Discretionary leave to remain: 10 October 2013 – 9 October 2016
• Indefinite leave to remain: 20 September 2016 – 21 December 2024
• Life in the UK Test passed: 31 August 2017
• Graded Examination in Spoken English passed: 07 October 2017

I have strong links with the UK having established my home, property and family here
• Married to British Citizen: 9 June 2010
• Had 3 beautiful children together age 11, 9 & 4
• Made United Kingdom my first and only home by buying a mortgage since November 2015
• Employed on a fulltime job in the United Kingdom and paying all taxes due
• Had not been absent from the country unnecessarily
• Have no criminal offences
• Respect laws and order of the country (United Kingdom)

So I believed an error of procedures has been made for not using the information in your possession or taking into account of relevant documents that had been sent in the past which you can easily retrieve for making fair and reasonable decision.

So, therefore may I ask for discretion to reverse your decision and approve my application to naturalise as British Citizen please?

I request an acknowledgement receipt of this letter within 14 days from the date please?

Yours sincerely


I have made the reconsideration application since January 2018 and haven't heard from them. I know there is no timeframe with reconsideration but has anyone been fortunate to do something to get his or her application reconsider on time please?

Thanking you in advance

Strongmind

[CR001]

What date did you submit your DLR extension application in 2012??

Did you retain proof of posting??

Were there any issues with payment/photos etc that HO sent application back to you??

[strongmind]

Hi CR001,

DLR applied within 28 days before my leave expired, so it was in time application. Apparently I didn't realize it was a wrong form that was used until I got my MP involved.

Meanwhile, I got a letter from HO, which stated that I was legal to carry on working as my initial status hasn't changed since I made an in time application when my employer as for prove of status. And the letter covers the period that was mentioned in my previous letter clearly written by HO.

There was no issues with photos/ payment but the form which I never knew anything and they kept quiet for 6 months because the initial form was without payment and when the MP wrote them that was when I realized and had to make another application with payment and it was extended.

[Meltibz41]

Hie. Did you manage to get your reconsideration application response? I am in the same situation as yours. Thanks