BC Application refused

[Olayinka89]

Good Morning all,

Apologies if I am posting in the wrong thread and if this has been asked many times.

I need urgent advise re my BC application that was refused yesterday.
I was granted ILR June 2019 and was informed that I could apply for citizenship as I am married to a British Citizen and have a child who is also a citizen. Based on this I applied and was unsuccessful.


BRIEF BACKGROUND
I entered the UK from Heathrow in 2001 as an 11 year old as visitor from Nigeria but stayed to remain with father and schooled here from secondary until my MSc (pending doctorate).
I was granted EEA residence permit in 2007 as my stepmother was Swedish. This expired in June 2012. Back then having done some reading and spoken to solicitors it was not necessary to get PR stamped in passport. Regardless I made an application for PR in September 2012 and received a letter that I could work/ continue working.
So I continued working. This application was refused Aug 2013 as parents had divorced quite bitterly and they stated that I should apply under private life in UK.

I applied and was granted this later in 2013 under 10 years route. In February 2014, I married my then boyfriend and later that year switched to 5 year spouse. This was granted for 2.5 years and extended for another 2.5 years (ended June 2019). I then applied for ILR June 2019 (same day service) and was granted. I have a 2 year old daughter (2017).


NOW
I made an application for citizenship in September 2019 and today was refused under good character stating that I was working illegally between June 2012 (when my eea permit expired) and 2013 when a decision was reached. However, I have a letter from the home office stating that I could work.

I have now been informed that I can’t apply for citizenship until 2023 or use a form NR for reconsideration.
My question is do I need a solicitor to do this or is it something I can do myself and if I can I am unsure of what to write re supporting cases or references etc.

Thank you all so much.

[aman90]

I made an application for citizenship in September 2019 and today was refused under good character stating that I was working illegally between June 2012 (when my eea permit expired) and 2013 when a decision was reached. However, I have a letter from the home office stating that I could work.

How old were you when this ‘breach’ occurred?
I presume you entered as a minor..
You are quite articulate so I don’t think you need a solicitor. You could request a reconsideration and attach the letter you hold.

[aman90]

Edit: disregard my age query. You’ve clearly stated it above ..

[Olayinka89]

I made an application for citizenship in September 2019 and today was refused under good character stating that I was working illegally between June 2012 (when my eea permit expired) and 2013 when a decision was reached. However, I have a letter from the home office stating that I could work.

How old were you when this ‘breach’ occurred?
I presume you entered as a minor..
You are quite articulate so I don’t think you need a solicitor. You could request a reconsideration and attach the letter you hold.

Thank you for replying. I entered as a minor yes but when supposed breach occured I was 21. My concern is what case reference etc I can refer to as there was a 3 months gap between my EEA residence card expiring and me applying for PR. As stated the reason was because it was not a necessity to apply for PR then but I did due jobs etc...

[Ifycamilla]

Your 5 years PR expired in June 2012 and then you made a new application in September 2012, To me that looks like you were in the country illegally between June when your pr expired and when you made a new application in September. That may have have affected your good character. probably that's what they looked at.and also, during that period you were working and that to them is illegal....if you ask me, I would say your good character started counting from 2013.

[Olayinka89]

Your 5 years PR expired in June 2012 and then you made a new application in September 2012, To me that looks like you were in the country illegally between June when your pr expired and when you made a new application in September. That may have have affected your good character. probably that's what they looked at.and also, during that period you were working and that to them is illegal....if you ask me, I would say your good character started counting from 2013.

However they claim that I was illegal for 18 months but I had started the job prior to it ending and they wrote to me in September that I could continue working. Also under the The Immigration (European Economic Area) Regulations 2006 that was relevant to me then, I did not need to apply for PR as it stated that I would automatically gain PR.

[secret.simon]

When did your father marry your Swedish step-mother? When did they divorce (the approximate month/year of the decree absolute)?

Do you have proof that you were dependent on your Swedish step-mother from 2011/after your 21st birthday?

[Ifycamilla]

The mistake there was that you allowed your 5 years RC to expire before making a new application...I'm talking out of experience. I don't see you winning the appeal.i know it's frustrating but personally I would advise you to wait till 2013. But wait and hear from Obie and other gurus on here.

[Olayinka89]

When did your father marry your Swedish step-mother? When did they divorce (the approximate month/year of the decree absolute)?

Do you have proof that you were dependent on your Swedish step-mother from 2011/after your 21st birthday?

Hi, they got married in 2003 and I believe divorce started in 2010 but not sure when it was finalised. When I was making the PR that was refused in 2012, my step mpther produced evidence that she exercised her treaty rights but it was refused as they did not believe I exercised mine which was odd as I had just finished university and was working.
I wouldn't say I was dependent as I was working.

[Olayinka89]

The mistake there was that you allowed your 5 years RC to expire before making a new application...I'm talking out of experience. I don't see you winning the appeal.i know it's frustrating but personally I would advise you to wait till 2013. But wait and hear from Obie and other gurus on here.

yes you are right but at that point 2012 there was no rule that I needed to apply for PR and the wait was only 3 months. The reason they refused BC now is that they said I should not have worked from then until 2013 when I switched from EU to UK (private life) but I have a letter from HO saying I was allowed to work.

[secret.simon]

they got married in 2003

Assuming that their marriage was recognised in the UK (and I assume that from the fact that they had to get divorced), you should apply for a PR Card based on your ex-step-mother exercising treaty rights for any five year continuous period between 2003 and 2010 and on you being less than 21 years of age (you have to prove dependency for any period after your 21st birthday).

Then once you can demonstrate that you had PR from those circumstances, you should reapply for British citizenship as you would have had legal residence in the UK from 2003 onwards.

[Olayinka89]

they got married in 2003

Assuming that their marriage was recognised in the UK (and I assume that from the fact that they had to get divorced), you should apply for a PR Card based on your ex-step-mother exercising treaty rights for any five year continuous period between 2003 and 2010 and on you being less than 21 years of age (you have to prove dependency for any period after your 21st birthday).

Then once you can demonstrate that you had PR from those circumstances, you should reapply for British citizenship as you would have had legal residence in the UK from 2003 onwards.

Thank you so I do need to get a solicitor with this. Am I right in assuming that my ILR residency requirements differ from BC.

[secret.simon]

Thank you so I do need to get a solicitor with this.

Perhaps, perhaps not.

You need to prove that you acquired PR automatically or retained the right of residence before your father divorced your Swedish step-mother. If you can prove that, then you were never illegally resident in the UK and you would meet the good character requirements.

You don't need a solicitor, but you do need a good amount of documentation.
a) Proof of your step-mother being an EEA citizen (ideally her passport from that period, etc).
b) Proof of her either exercising treaty rights or having already acquired PR (her DCPR, pay slips from that time, P60s, etc)
c) Proof of your relationship to her (your birth certificate and your father and her marriage certificate)
d) Proof that you were under 21 at the time (your birth certificate)

Once you have this documentation, you can then apply for a PR Card based on this evidence.

Once you have the PR Card, you can then apply for British citizenship.

Am I right in assuming that my ILR residency requirements differ from BC.

Yes. While you have the right to reside indefinitely in the UK (ILR), British citizenship also requires you to be of good character, which includes the requirement that you should not have resided illegally in the UK at any time in the immediatly preceding ten years.

[Olayinka89]

Thank you so I do need to get a solicitor with this.

Perhaps, perhaps not.

You need to prove that you acquired PR automatically or retained the right of residence before your father divorced your Swedish step-mother. If you can prove that, then you were never illegally resident in the UK and you would meet the good character requirements.

You don't need a solicitor, but you do need a good amount of documentation.
a) Proof of your step-mother being an EEA citizen (ideally her passport from that period, etc).
b) Proof of her either exercising treaty rights or having already acquired PR (her DCPR, pay slips from that time, P60s, etc)
c) Proof of your relationship to her (your birth certificate and your father and her marriage certificate)
d) Proof that you were under 21 at the time (your birth certificate)

Once you have this documentation, you can then apply for a PR Card based on this evidence.

Once you have the PR Card, you can then apply for British citizenship.

Am I right in assuming that my ILR residency requirements differ from BC.

Yes. While you have the right to reside indefinitely in the UK (ILR), British citizenship also requires you to be of good character, which includes the requirement that you should not have resided illegally in the UK at any time in the immediatly preceding ten years.

Thank you very much. Makes more sense now. However back in 2012, I did apply for PR with those documents incl letter from Step mother as she had left UK with 2 half sisters. They still refused and stated that I should apply under private life which I did. So for the sake of 3 months from June 2012- Sept 2012 I have to wait until 2023...I just think that is absurd.

[CR001]

Thank you very much. Makes more sense now. However back in 2012, I did apply for PR with those documents incl letter from Step mother as she had left UK with 2 half sisters. They still refused and stated that I should apply under private life which I did. So for the sake of 3 months from June 2012- Sept 2012 I have to wait until 2023...I just think that is absurd.

It would have been very useful to state this very important fact in your original post. What date exactly did she leave the UK??

Your rights under the EEA/EU rules only remain in tact if the EU sponsor is in the UK exercising treaty rights and you are their dependent or part of their household. If your EU sponsor left the UK, your rights under the EEA/EU rules ceased on the date she left the UK.

You will likely only qualify for citizenship in 2023, 10 years from when you legalised your stay under the private life route.

[Olayinka89]

Thank you very much. Makes more sense now. However back in 2012, I did apply for PR with those documents incl letter from Step mother as she had left UK with 2 half sisters. They still refused and stated that I should apply under private life which I did. So for the sake of 3 months from June 2012- Sept 2012 I have to wait until 2023...I just think that is absurd.

It would have been very useful to state this very important fact in your original post. What date exactly did she leave the UK??

Your rights under the EEA/EU rules only remain in tact if the EU sponsor is in the UK exercising treaty rights and you are their dependent or part of their household. If your EU sponsor left the UK, your rights under the EEA/EU rules ceased on the date she left the UK.

You will likely only qualify for citizenship in 2023, 10 years from when you legalised your stay under the private life route.

Hi, unfortunately I can't tell you the date she left the country as I went to uni to studied and was told of the divorce etc. I had already completed my 5 years prior to her leaving if that makes any difference.

[secret.simon]

I had already completed my 5 years prior to her leaving

Just five years residence as an EEA family member is not enough.

You would have acquired PR (and retained it even if she left the UK) if she had either exercised treaty rights for five continuous years in the UK herself before or during the same time that you resided for five continuous years as her family member before your 21st birthday. Also any period after your 21st birthdayrequires proof of dependency on her.

Do you have proof of her having exercised treaty rights in the UK for any five continuous years before 2010? If yes, my advice stands. Else, as CR001 has advised, you should wait till 2023 to reapply under the rules at that time.