Help with refused British Citizen application

[JRabbit60]

Hi,

I came to the UK as a minor(14yrs old) in 2000. I was granted leave to remain outside the immigration rules in march 2015, then switched to a spouse visa the same year.

I was granted indefinite leave to remain this year.

I went to court to be granted leave to remain outside the immigration rules as the court found that it was reasonable that I had thought my dad had sorted out my immigration status as I had not been required to prove my status through my schooling from year 9 to university.

My application for British citizenship has now been refused (good character) due to not taking steps to rectify it when I turned 18, even though I have a few months ago been granted indefinite leave and also the court agreed that I wasn’t aware of my immigration status.

Can you help with how to word my review please? I plan to attach the courts judgement document in my request for review.

Thanks in advance

[London22]

Hi,

I came to the UK as a minor(14yrs old) in 2000. I was granted leave to remain outside the immigration rules in march 2015, then switched to a spouse visa the same year.

I was granted indefinite leave to remain this year.

I went to court to be granted leave to remain outside the immigration rules as the court found that it was reasonable that I had thought my dad had sorted out my immigration status as I had not been required to prove my status through my schooling from year 9 to university.

My application for British citizenship has now been refused (good character) due to not taking steps to rectify it when I turned 18, even though I have a few months ago been granted indefinite leave and also the court agreed that I wasn’t aware of my immigration status.

Can you help with how to word my review please? I plan to attach the courts judgement document in my request for review.

Thanks in advance

Hello
Your case isn't complicated & can be won easily .Just read nationality refusal guidance & explain in reconsideration where most likely you would be fine & if not challenge in high court for judicial review In guidance a child is exempted in such circumstances as yours & that's clear in HO guidance & it isn't a surprise when home office doesn't follow its own guidance .

[JRabbit60]

Thanks. I have googled nationality refusal guidance and couldn’t find anything.

Do you have a link please?

[London22]

Thanks. I have googled nationality refusal guidance and couldn’t find anything.

Do you have a link please?

https://assets.publishing.service.gov.u ... gov-uk.pdf

[London22]

Thanks. I have googled nationality refusal guidance and couldn’t find anything.

Do you have a link please?

https://assets.publishing.service.gov.u ... gov-uk.pdf

Page 45 is all about you

[JRabbit60]

Thank you.

Can you help with the wording of review as I don’t want it to be refused also?

[London22]

Thank you.

Can you help with the wording of review as I don’t want it to be refused also?

Just make a report of last 10 years .Write to HO that there isn't your fault according to your own guidance & mention page 45 what it states exactly ,compare your circumstances with the page .Tell them not to penalise you (child) for mistakes of your parents.
If explaining them is difficult for you then best is pay a few hundreds to a lawyer & ask them to make a statement accordingly.

[JRabbit60]

Thanks

[secret.simon]

I would not get your hopes up too high.

I came to the UK as a minor(14yrs old) in 2000. I was granted leave to remain outside the immigration rules in march 2015

When did you start the process of regularising your immigration status?

While you can't be held responsible for some actions as a minor, you are fully responsible for them as an adult. There was a period of about 10 years (2005-2015) when you were illegally resident in the UK as an adult.

While you were granted leave to remain in March 2015, after a court case, that would mean that you actively started taking steps to get your immigration status before then. When was that? Do you have documentary proof of that? I would say that the earliest you can naturalise is 10 years after having started taking steps to legalise your immigration status.

Keep in mind that naturalisation is not a part of the immigration pathway, which terminates at ILR. Naturalisation has its own laws, rules and requirements. A court case that allowed you to reside in the UK does not wipe out the illegal residence before that. That prior illegal residence as an adult can be taken into account when applying for naturalisation.

[JRabbit60]

I started to take steps in 2008 when I became aware of my status through my solicitor. I have emails and also documents that’s proves this which I will be attaching to request for a review.

[secret.simon]

I started to take steps in 2008 when I became aware of my status through my solicitor. I have emails and also documents that’s proves this which I will be attaching to request for a review.

That sounds good. When did you make the first application to the Home Office to regularise your status?

[JRabbit60]

2008/09. Can’t quite recall as it was through a solicitor but I have come across an email I sent to my solicitor that I used for my initial application.

I had to then report to London Bridge then eventually Croydon immigration before my stay was regularised.

The earliest official document I have is in 2011 but have emails going back to 2008 about the status of my case with the home office and how things were progressing.

[secret.simon]

I had to then report to London Bridge then eventually Croydon immigration before my stay was regularised.

If you were reporting to London Bridge/Croydon regularly, I think that that should be highlighted in any review.

That would indicate that (a) the Home Office was aware of you (i.e. that you were not an illegal migrant trying to fly under the radar) and (b) that you were actively working to regularise your status. That should count in your favour.