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Home Office erroneously claiming entering UK without Leave

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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WakeWakeWake
Newly Registered
Posts: 24
Joined: Tue Mar 28, 2017 12:37 pm

Home Office erroneously claiming entering UK without Leave

Post by WakeWakeWake » Tue Aug 20, 2019 11:04 am

Hi All,

My spouse has applied for her naturalisation ~4 months ago and just received an e-mail from the Home Office today saying erroneously "it would appear she has failed the good character requirement", and they need further info. Specifically:

You answered the question – When did you first arrive in the UK? on your online application form with [X Day/month] 2014. According to our records, you were in the UK without leave to remain under the immigration laws between [X Day/month] 2010 when your leave to remain expired and [X day Month] 2013 when you were granted further leave to remain.

It would therefore appear that you were not compliant with UK immigration laws during this period and may not meet the good character requirement for naturalisation.

In order that we may give further consideration to your application, please complete the enclosed questionnaire and return it to us by email with the appropriate documentary evidence.

You must reply by email by 07 September 2019.


This is rather unsettling and frustrating, because my spouse lived and worked in the US until 2014. Between 2010 and 2013 she visited me a couple of times for holidays, etc., but had her visas in order. She then became a dependant of my Tier 2 Visa at the time when she moved.

They've provided a very rudimentary questionnaire at the end of the e-mail with some questions, but I'm wondering if there's any other way to fast track this / provide exactly what they need.

I know how difficult it is to contact them, and am almost wondering if I should get lawyers involved (even though we have done absolutely nothing wrong), but I know they are in many cases inept and can misinterpret things. I don't even know I would prove she was in the UK during those periods - THEY ARE SUPPOSED TO KNOW THIS!

Any advice from anyone? Have you received e-mails like this in error?

Thanks,

W

apsk
Member of Standing
Posts: 303
Joined: Tue Mar 27, 2018 1:28 pm
India

Re: Home Office erroneously claiming entering UK without Leave

Post by apsk » Tue Aug 20, 2019 1:05 pm

It is quite simple, unless there is more to what you described above. I wouldn't hire any Solicitor for this simple task (if you are clean). How about entry and exit stamps on her passport? She can prove she was in US until 2014 with number of documents or confirmation from US and for her visits couple of times, she can prove by entry exit stamps on her passport. If she was on tourist visa then it would have been stamped on her passport anyways. This will clarify it to them.

Just wandering has she not submitted her passport with her application for HO to see what visas she held in past and what were the entry exit dates?

apsk
Member of Standing
Posts: 303
Joined: Tue Mar 27, 2018 1:28 pm
India

Re: Home Office erroneously claiming entering UK without Leave

Post by apsk » Tue Aug 20, 2019 1:07 pm

WakeWakeWake wrote:
Tue Aug 20, 2019 11:04 am
Hi All,

My spouse has applied for her naturalisation ~4 months ago and just received an e-mail from the Home Office today saying erroneously "it would appear she has failed the good character requirement", and they need further info. Specifically:

You answered the question – When did you first arrive in the UK? on your online application form with [X Day/month] 2014. According to our records, you were in the UK without leave to remain under the immigration laws between [X Day/month] 2010 when your leave to remain expired and [X day Month] 2013 when you were granted further leave to remain.

It would therefore appear that you were not compliant with UK immigration laws during this period and may not meet the good character requirement for naturalisation.

In order that we may give further consideration to your application, please complete the enclosed questionnaire and return it to us by email with the appropriate documentary evidence.

You must reply by email by 07 September 2019.


This is rather unsettling and frustrating, because my spouse lived and worked in the US until 2014. Between 2010 and 2013 she visited me a couple of times for holidays, etc., but had her visas in order. She then became a dependant of my Tier 2 Visa at the time when she moved.

They've provided a very rudimentary questionnaire at the end of the e-mail with some questions, but I'm wondering if there's any other way to fast track this / provide exactly what they need.

I know how difficult it is to contact them, and am almost wondering if I should get lawyers involved (even though we have done absolutely nothing wrong), but I know they are in many cases inept and can misinterpret things. I don't even know I would prove she was in the UK during those periods - THEY ARE SUPPOSED TO KNOW THIS!

Any advice from anyone? Have you received e-mails like this in error?

Thanks,

W
And it is not difficult to contact Home office, email on Citizenship.Support@homeoffice.gov.uk and put your surname, application reference and case worker name in the subject.

WakeWakeWake
Newly Registered
Posts: 24
Joined: Tue Mar 28, 2017 12:37 pm

Re: Home Office erroneously claiming entering UK without Leave

Post by WakeWakeWake » Tue Aug 20, 2019 3:44 pm

apsk wrote:
Tue Aug 20, 2019 1:05 pm
It is quite simple, unless there is more to what you described above. I wouldn't hire any Solicitor for this simple task (if you are clean). How about entry and exit stamps on her passport? She can prove she was in US until 2014 with number of documents or confirmation from US and for her visits couple of times, she can prove by entry exit stamps on her passport. If she was on tourist visa then it would have been stamped on her passport anyways. This will clarify it to them.

Just wandering has she not submitted her passport with her application for HO to see what visas she held in past and what were the entry exit dates?
Thanks, she definitely submitted everything multiple times! She already got Indefinite Leave to Remain granted earlier this year...so they would've reviewed this already, and nothing surfaced then!

So now this is happening and again, they have the stamps...we're going to build a detailed word document with scans, and almost a storyline that a child could understand. Hopefully that'll help. I'm just so frustrated that this will probably push back the process by months, and who knows if they get it wrong again.

secret.simon
Moderator
Posts: 11220
Joined: Thu Feb 21, 2013 9:29 pm

Re: Home Office erroneously claiming entering UK without Leave

Post by secret.simon » Tue Aug 20, 2019 6:18 pm

WakeWakeWake wrote:
Tue Aug 20, 2019 3:44 pm
She already got Indefinite Leave to Remain granted earlier this year...so they would've reviewed this already, and nothing surfaced then!
There are no good character requirements for ILR and the checks are different.
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.

WakeWakeWake
Newly Registered
Posts: 24
Joined: Tue Mar 28, 2017 12:37 pm

Re: Home Office erroneously claiming entering UK without Leave

Post by WakeWakeWake » Thu Aug 22, 2019 4:25 pm

Wrote to them and attached a PDF.

They've responded acknowledging receipt and future comms soon so fingers crossed!

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