Refused Naturalisation - advice

[sraboni123]

Would appreciate any advice on this – I am still in a state of shock. My application for naturalization was refused on the bases of section 3(e) – below.

Here is a brief of my timeline: I came to the UK as a dependent of my father who is a diplomat in 1996. He retired from the embassy in 2002 and decided to settle in the UK. My family didn’t apply for ILR until mid-2006 and we were granted ILR in mid-2007. So I made my naturalisation application this mid- 2008.

In the letter it stated that since my dad left the embassy I did not apply to regularise my stay until we applied for ILR, which was in 2006 (I didn’t even know I had to – was too young then). Hence the period between 2002 and 2006 does not count towards the 5 year qualification period. It also says that the secretary can waive this but in this case she isn’t prepared to and that I should apply after 2011.
Bit distraught and I was wondering whether there was anything else I could do. The visa with which I came to the uk had no time limit on it and said “the holder is not subject to any condition or limitation on the period of stay of permitted stay in the UKâ€

[Frontier Mole]

You have to wait for the five years to pass just like everyone else. The fact that you did not regularise your stay in the first place after your father left diplomatic service you were lucky to get ILR!

[vinny]

As stated, you were lucky to get ILR!

[sraboni123]

Thank you Vinny and Frontier Mole.

I am grateful for the ILR. But just for the record when a diplomat leaves their post they do not commit any offence if they remain, so we've not broken any laws.

The point about regularisation is frustrating cause dad was given misleading information when he retired by several immigration lawyers (including a leading one - which I won't name) to wait instead of applying for ILR. wish we hadn't listened cause as a result FOUR years - technically we were non-existent even though we worked, paid our taxes and made the UK our home. Ive been here almost 13 years.

Sigh Sigh - have next year to look forward to what more changes the HO brings in to the naturalisation process!

Srab

[vinny]

See also Annex C - Persons who cease to be exempt from control on or after 1 March 2000.

[sraboni123]

Don't you feel like suing the lawyers who misinform people - they should be named and shamed!

Srab