British Citizenship refused

[max7]

Hi,
I've received the refusal to my British Citizenship application. Please find the decision below:

Reasons for decision
I am not satisfied that you are of good character. The good character guidance (http://www.gov.uk/government/publicatio ... y-guidance) explains how good character is assessed

You have not met this requirement because of:

your immigration history
You were in the UK without valid leave between 2/08/2012 after your application for leave to remain was refused and appeal rights exhausted until 20/05/2014 when you were granted asylum with leave to remain. You were therefore not compliant with UK immigration laws during this period.

Working illegally
You also declared working during this breach as a [Job Title] for [Employer name] from 01/05/2011 to 01/07/2013.

You were served with an IS151A as an overstayer on 22/01/2014.

This means you have not complied with UK immigration laws in the 10-year period prior to the date of your application.
Therefore, I am not satisfied that you meet the good character requirement.

Next steps
The application fee for British Citizenship is not refundable and has been retained to cover the cost of handling and processing your application.

You will be refunded the sum of £80.00 because you are not required to attend a citizenship ceremony.

You can request a review of this decision using the form at https://www.gov.uk/government/publicati ... ed-form-nr

If you still wish to become a British Citizen, you can make a new application. You can do this at any time, but you are advised to ensure, as far as possible, that the requirements are met before doing so.

-------
My point is that I was an overstayer but from August 2013 to November 2013 and not for the 2 year period mentioned in the refusal decision.
My immigration timeline:
January 2011 arrived in UK on Spouse visa (Spouse visa January 2011 till August 2013)
Work started May 2011
Relationship broken-down September 2011
Wrote a letter to HO November 2011 regarding my circumstances
Received HO letter December 2011 advising to apply Further leave to remain in any other category or Indefinite Leave to Remain by February 2012.
February 2012 - Applied Tier-1 (Point Based System) visa
June 2012 - Tier-1 visa refused
June 2012 - Appealed to First Tier Tribunal Court
July 2012 - Appeared before judge at FTTC.
August 2012 - Received determination of appeal
September 2012 - Made FLR(O) application
January 2013 - Made Tier-2 work visa application
August 2013 - Tier-2 visa refused with no right to appeal.
Resigned from my job as I had no right to live and work in the UK.
November 2013 - contacted HO for asylum
December 2013 - received asylum screening letter
January 2014 - Asylum screening interview
April 2014 - Asylum substantive interview
May 2014 - Refugee Leave granted
May 2019 - Indefinite Leave application
July 2020 - Indefinite Leave to Remain granted
July 2021 - British Citizenship application
December 2021 - Refused British Citizenship.

I've had enough of fight with the HO in past and spent thousands of Pounds from 2011 till 2014. Shall I now just ignore them completely and re-apply for my Citizenship in 2024? Or shall I request them for a reconsideration? Any thoughts and advise from the experts will be highly appreciated.

Thanks,

[prs]

Hi,
I've received the refusal to my British Citizenship application. Please find the decision below:

Reasons for decision
I am not satisfied that you are of good character. The good character guidance (http://www.gov.uk/government/publicatio ... y-guidance) explains how good character is assessed

You have not met this requirement because of:

your immigration history
You were in the UK without valid leave between 2/08/2012 after your application for leave to remain was refused and appeal rights exhausted until 20/05/2014 when you were granted asylum with leave to remain. You were therefore not compliant with UK immigration laws during this period.

Working illegally
You also declared working during this breach as a [Job Title] for [Employer name] from 01/05/2011 to 01/07/2013.

You were served with an IS151A as an overstayer on 22/01/2014.

This means you have not complied with UK immigration laws in the 10-year period prior to the date of your application.
Therefore, I am not satisfied that you meet the good character requirement.

Next steps
The application fee for British Citizenship is not refundable and has been retained to cover the cost of handling and processing your application.

You will be refunded the sum of £80.00 because you are not required to attend a citizenship ceremony.

You can request a review of this decision using the form at https://www.gov.uk/government/publicati ... ed-form-nr

If you still wish to become a British Citizen, you can make a new application. You can do this at any time, but you are advised to ensure, as far as possible, that the requirements are met before doing so.

-------
My point is that I was an overstayer but from August 2013 to November 2013 and not for the 2 year period mentioned in the refusal decision.
My immigration timeline:
January 2011 arrived in UK on Spouse visa (Spouse visa January 2011 till August 2013)
Work started May 2011
Relationship broken-down September 2011
Wrote a letter to HO November 2011 regarding my circumstances
Received HO letter December 2011 advising to apply Further leave to remain in any other category or Indefinite Leave to Remain by February 2012.
February 2012 - Applied Tier-1 (Point Based System) visa
June 2012 - Tier-1 visa refused
June 2012 - Appealed to First Tier Tribunal Court
July 2012 - Appeared before judge at FTTC.
August 2012 - Received determination of appeal
September 2012 - Made FLR(O) application
January 2013 - Made Tier-2 work visa application
August 2013 - Tier-2 visa refused with no right to appeal.
Resigned from my job as I had no right to live and work in the UK.
November 2013 - contacted HO for asylum
December 2013 - received asylum screening letter
January 2014 - Asylum screening interview
April 2014 - Asylum substantive interview
May 2014 - Refugee Leave granted
May 2019 - Indefinite Leave application
July 2020 - Indefinite Leave to Remain granted
July 2021 - British Citizenship application
December 2021 - Refused British Citizenship.

I've had enough of fight with the HO in past and spent thousands of Pounds from 2011 till 2014. Shall I now just ignore them completely and re-apply for my Citizenship in 2024? Or shall I request them for a reconsideration? Any thoughts and advise from the experts will be highly appreciated.

Thanks,

fighting with HO is like flogging a dead horse. you wont get anywhere with them.

And most probably will loose more money in the process.

If you want, you can try and challenge their decision but I personally wait till 2024.

[London22]

Hi,
I've received the refusal to my British Citizenship application. Please find the decision below:

Reasons for decision
I am not satisfied that you are of good character. The good character guidance (http://www.gov.uk/government/publicatio ... y-guidance) explains how good character is assessed

You have not met this requirement because of:

your immigration history
You were in the UK without valid leave between 2/08/2012 after your application for leave to remain was refused and appeal rights exhausted until 20/05/2014 when you were granted asylum with leave to remain. You were therefore not compliant with UK immigration laws during this period.

Working illegally
You also declared working during this breach as a [Job Title] for [Employer name] from 01/05/2011 to 01/07/2013.

You were served with an IS151A as an overstayer on 22/01/2014.

This means you have not complied with UK immigration laws in the 10-year period prior to the date of your application.
Therefore, I am not satisfied that you meet the good character requirement.

Next steps
The application fee for British Citizenship is not refundable and has been retained to cover the cost of handling and processing your application.

You will be refunded the sum of £80.00 because you are not required to attend a citizenship ceremony.

You can request a review of this decision using the form at https://www.gov.uk/government/publicati ... ed-form-nr

If you still wish to become a British Citizen, you can make a new application. You can do this at any time, but you are advised to ensure, as far as possible, that the requirements are met before doing so.

-------
My point is that I was an overstayer but from August 2013 to November 2013 and not for the 2 year period mentioned in the refusal decision.
My immigration timeline:
January 2011 arrived in UK on Spouse visa (Spouse visa January 2011 till August 2013)
Work started May 2011
Relationship broken-down September 2011
Wrote a letter to HO November 2011 regarding my circumstances
Received HO letter December 2011 advising to apply Further leave to remain in any other category or Indefinite Leave to Remain by February 2012.
February 2012 - Applied Tier-1 (Point Based System) visa
June 2012 - Tier-1 visa refused
June 2012 - Appealed to First Tier Tribunal Court
July 2012 - Appeared before judge at FTTC.
August 2012 - Received determination of appeal
September 2012 - Made FLR(O) application
January 2013 - Made Tier-2 work visa application
August 2013 - Tier-2 visa refused with no right to appeal.
Resigned from my job as I had no right to live and work in the UK.
November 2013 - contacted HO for asylum
December 2013 - received asylum screening letter
January 2014 - Asylum screening interview
April 2014 - Asylum substantive interview
May 2014 - Refugee Leave granted
May 2019 - Indefinite Leave application
July 2020 - Indefinite Leave to Remain granted
July 2021 - British Citizenship application
December 2021 - Refused British Citizenship.

I've had enough of fight with the HO in past and spent thousands of Pounds from 2011 till 2014. Shall I now just ignore them completely and re-apply for my Citizenship in 2024? Or shall I request them for a reconsideration? Any thoughts and advise from the experts will be highly appreciated.

Thanks,

Hello
It seems that they have discretion to disregard overstaying period only if they want but mostly merely overstaying gets an application refused if it is prolong.In your case it is overstaying + illegal work ,this is where they refuse .After reading guidance so many times it seems waste of time to expect any sense from rules as same rules are applied to people with different circumstances .
I got refugee status in 2014 & would apply in 2024 .I got ILR in 2019.I sought advice from many lawyers & most of them told to apply in 2024 as before this is a refusal which is normal for overstayers & those who worked without permission.Refugees have defence of article 31 in the 1951 convention which states the hosting countries should not penalise refugees when they apply for naturalizations on the grounds of illegal entry or presence.But HO doesn't follow the convention properly .

[zimba]

The decision to grant citizenship is purely discretionary, this means they can reject your application for whatever reason they see fit. There is no entitlement. As far as I see the decision to refuse is reasonable as you cannot have a period of overstaying in the last 10 years immediately before applying for citizenship. I suggest trying your chances after 20/05/2024 as I believe any application before then will be refused.

[max7]

Hi,
I've received the refusal to my British Citizenship application. Please find the decision below:

Reasons for decision
I am not satisfied that you are of good character. The good character guidance (http://www.gov.uk/government/publicatio ... y-guidance) explains how good character is assessed

You have not met this requirement because of:

your immigration history
You were in the UK without valid leave between 2/08/2012 after your application for leave to remain was refused and appeal rights exhausted until 20/05/2014 when you were granted asylum with leave to remain. You were therefore not compliant with UK immigration laws during this period.

Working illegally
You also declared working during this breach as a [Job Title] for [Employer name] from 01/05/2011 to 01/07/2013.

You were served with an IS151A as an overstayer on 22/01/2014.

This means you have not complied with UK immigration laws in the 10-year period prior to the date of your application.
Therefore, I am not satisfied that you meet the good character requirement.

Next steps
The application fee for British Citizenship is not refundable and has been retained to cover the cost of handling and processing your application.

You will be refunded the sum of £80.00 because you are not required to attend a citizenship ceremony.

You can request a review of this decision using the form at https://www.gov.uk/government/publicati ... ed-form-nr

If you still wish to become a British Citizen, you can make a new application. You can do this at any time, but you are advised to ensure, as far as possible, that the requirements are met before doing so.

-------
My point is that I was an overstayer but from August 2013 to November 2013 and not for the 2 year period mentioned in the refusal decision.
My immigration timeline:
January 2011 arrived in UK on Spouse visa (Spouse visa January 2011 till August 2013)
Work started May 2011
Relationship broken-down September 2011
Wrote a letter to HO November 2011 regarding my circumstances
Received HO letter December 2011 advising to apply Further leave to remain in any other category or Indefinite Leave to Remain by February 2012.
February 2012 - Applied Tier-1 (Point Based System) visa
June 2012 - Tier-1 visa refused
June 2012 - Appealed to First Tier Tribunal Court
July 2012 - Appeared before judge at FTTC.
August 2012 - Received determination of appeal
September 2012 - Made FLR(O) application
January 2013 - Made Tier-2 work visa application
August 2013 - Tier-2 visa refused with no right to appeal.
Resigned from my job as I had no right to live and work in the UK.
November 2013 - contacted HO for asylum
December 2013 - received asylum screening letter
January 2014 - Asylum screening interview
April 2014 - Asylum substantive interview
May 2014 - Refugee Leave granted
May 2019 - Indefinite Leave application
July 2020 - Indefinite Leave to Remain granted
July 2021 - British Citizenship application
December 2021 - Refused British Citizenship.

I've had enough of fight with the HO in past and spent thousands of Pounds from 2011 till 2014. Shall I now just ignore them completely and re-apply for my Citizenship in 2024? Or shall I request them for a reconsideration? Any thoughts and advise from the experts will be highly appreciated.

Thanks,

fighting with HO is like flogging a dead horse. you wont get anywhere with them.

And most probably will loose more money in the process.

If you want, you can try and challenge their decision but I personally wait till 2024.

Thank you for your input. Think I'll wait.

[max7]

Hi,
I've received the refusal to my British Citizenship application. Please find the decision below:

Reasons for decision
I am not satisfied that you are of good character. The good character guidance (http://www.gov.uk/government/publicatio ... y-guidance) explains how good character is assessed

You have not met this requirement because of:

your immigration history
You were in the UK without valid leave between 2/08/2012 after your application for leave to remain was refused and appeal rights exhausted until 20/05/2014 when you were granted asylum with leave to remain. You were therefore not compliant with UK immigration laws during this period.

Working illegally
You also declared working during this breach as a [Job Title] for [Employer name] from 01/05/2011 to 01/07/2013.

You were served with an IS151A as an overstayer on 22/01/2014.

This means you have not complied with UK immigration laws in the 10-year period prior to the date of your application.
Therefore, I am not satisfied that you meet the good character requirement.

Next steps
The application fee for British Citizenship is not refundable and has been retained to cover the cost of handling and processing your application.

You will be refunded the sum of £80.00 because you are not required to attend a citizenship ceremony.

You can request a review of this decision using the form at https://www.gov.uk/government/publicati ... ed-form-nr

If you still wish to become a British Citizen, you can make a new application. You can do this at any time, but you are advised to ensure, as far as possible, that the requirements are met before doing so.

-------
My point is that I was an overstayer but from August 2013 to November 2013 and not for the 2 year period mentioned in the refusal decision.
My immigration timeline:
January 2011 arrived in UK on Spouse visa (Spouse visa January 2011 till August 2013)
Work started May 2011
Relationship broken-down September 2011
Wrote a letter to HO November 2011 regarding my circumstances
Received HO letter December 2011 advising to apply Further leave to remain in any other category or Indefinite Leave to Remain by February 2012.
February 2012 - Applied Tier-1 (Point Based System) visa
June 2012 - Tier-1 visa refused
June 2012 - Appealed to First Tier Tribunal Court
July 2012 - Appeared before judge at FTTC.
August 2012 - Received determination of appeal
September 2012 - Made FLR(O) application
January 2013 - Made Tier-2 work visa application
August 2013 - Tier-2 visa refused with no right to appeal.
Resigned from my job as I had no right to live and work in the UK.
November 2013 - contacted HO for asylum
December 2013 - received asylum screening letter
January 2014 - Asylum screening interview
April 2014 - Asylum substantive interview
May 2014 - Refugee Leave granted
May 2019 - Indefinite Leave application
July 2020 - Indefinite Leave to Remain granted
July 2021 - British Citizenship application
December 2021 - Refused British Citizenship.

I've had enough of fight with the HO in past and spent thousands of Pounds from 2011 till 2014. Shall I now just ignore them completely and re-apply for my Citizenship in 2024? Or shall I request them for a reconsideration? Any thoughts and advise from the experts will be highly appreciated.

Thanks,

Hello
It seems that they have discretion to disregard overstaying period only if they want but mostly merely overstaying gets an application refused if it is prolong.In your case it is overstaying + illegal work ,this is where they refuse .After reading guidance so many times it seems waste of time to expect any sense from rules as same rules are applied to people with different circumstances .
I got refugee status in 2014 & would apply in 2024 .I got ILR in 2019.I sought advice from many lawyers & most of them told to apply in 2024 as before this is a refusal which is normal for overstayers & those who worked without permission.Refugees have defence of article 31 in the 1951 convention which states the hosting countries should not penalise refugees when they apply for naturalizations on the grounds of illegal entry or presence.But HO doesn't follow the convention properly .

Thank you for assistance. I also think I'll wait for couple of years to remove the overstaying bit.

[max7]

The decision to grant citizenship is purely discretionary, this means they can reject your application for whatever reason they see fit. There is no entitlement. As far as I see the decision to refuse is reasonable as you cannot have a period of overstaying in the last 10 years immediately before applying for citizenship. I suggest trying your chances after 20/05/2024 as I believe any application before then will be refused.

Thanks for the advice. I'll wait couple of years and re apply.