Application has been rejected

[maximo]

I would review the steps outlined here british-citizenship/6-months-plus-waiti ... 43483.html

You could write to your MP with the URN of the application, the email from UKVI stating the reason for the rejection, and the results from the SAR that ultimately prove your sentence was of 6 months not 16, and explaining it has been spent almost 15 years ago. I would also raise a complaint and go through all the steps until you get referred to the IEC. Form NR had been flagged in this thread, you find it here https://assets.publishing.service.gov.u ... -09-23.pdf a solicitor will be able to advise how to ask for reconsideration and if you are eligible.

Hi thanks you very much for the advice, can I start the process now ,I mean complaint, Mp without submitting reconsideration? Or should I wait for my reconsideration application to be submitted before I complaint or contact mp. Thanks

[contorted_svy]

I think you can submit the complaint and contact the MP already, worst thathappens is it won't be considered.

[MuhammadM86]

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

[MuhammadM86]

Dear all

I have received my rejection today which was somehow expected but with the latest guidelines from the 31st of July 2023, I would appreciate your views on when you think I can reapply as I am struggling to know.

Applied in Sep 2023 and rejected today.

Reasons for decision
One of the requirements for citizenship is that the applicant is of good character. Based on the evidence available we are not satisfied that you meet this requirement.

Whilst ‘good character’ is not defined in the British Nationality Act 1981, an applicant is expected to have shown due regard for the laws of this country. The published guidance (http://www.gov.uk/government/publicatio ... y-guidance) explains how this is assessed and states that:

A person will normally be refused if they have received a custodial sentence of at least 12 months or consecutive sentences totalling at least 12 months in the UK or overseas.

You were convicted of ***** on December 2015 and sentenced to a period of 20 months imprisonment. You were also convicted of ***** on February 2017 and sentenced to 12 months imprisonment, wholly suspended for 24 months.

It is noted that you have provided information on your application form outlining criminality recorded against you and you have also provided information in support of your good character.

When considering all factors, we are not satisfied, on the balance of probabilities, that you have demonstrated that you meet the good character requirement, and your application is therefore refused.

We have also considered whether there are any exceptional circumstances which should be taken into consideration. An exceptional case is one, where on the facts of the case, the application would normally be refused but there are mitigating circumstances which mean it would be appropriate to grant. However, you have not provided any information that would persuade us to grant your application on an exceptional basis.

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. Any future application will be considered on the information available at that time. No guarantees can or will be given toward the outcome of any future application that you may submit. Guidance on the good character requirement is published on the GOV.​UK website. Before submitting a further application for citizenship, you should consider whether you meet all of the requirements to become a British citizen.

I plan in my own rights to apply to review the decision and add to the case why I believe I should be granted as I trust that I am eligible to exceptional grant or at least HO to take into consideration that I have put a lot of efforts to become of a good character. I am prepared to debate the matter in court down the line if needed. After all, the good character is not defined in the British Nationality Act 1981 and it is only a guidance.

Looking forward to hearing your views.

[CR001]

Your first conviction was for fraud. This is taken very seriously by government departments.

What is the second conviction for?

You have two custodial convictions very close to each other, not even full 2 years apart.

Citizenship is a privilege, not a right.

[contorted_svy]

You had two very long sentences in the last 10 years, it sounds like you already made up your mind, but I would say you have better chances in 2027 when it's been 10 years, and even then it may be still held by the caseworker that the balance of probability leans towards you reoffending. If you do choose to wait you can try to take further actions to make your case stronger (eg community service, volunteering, etc).

[MuhammadM86]

You had two very long sentences in the last 10 years, it sounds like you already made up your mind, but I would say you have better chances in 2027 when it's been 10 years, and even then it may be still held by the caseworker that the balance of probability leans towards you reoffending. If you do choose to wait you can try to take further actions to make your case stronger (eg community service, volunteering, etc).

I understand your point contorted_svy however, the current guideline doesn't clarify any any waiting time etc, the 10 year you are proposing, are you driving this from the old guideline?

[MuhammadM86]

Your first conviction was for fraud. This is taken very seriously by government departments.

What is the second conviction for? theft from employer, but what I want to highlight here is that both offences where identical, CPS choose to give them different charges

You have two custodial convictions very close to each other, not even full 2 years apart. what I want to highlight as well which I think I should have made clear in my covering letter but I didn't which is the Fraud sentence that happened in 2015, the offence did occur in 2015 however the sentence that happened in 2017, the offence took place in 2014. CPS also choose to charge and sentence me for the Fraud charge as by that time they didn't complete their investigation for the other offence hence I went to jail while they were still investigating the matter and once released then I was charged and summoned to court again, the judge did criticise the CPS for not putting both cases together in the court room, hence my second sentence was suspended as I have already had my punishment, hope this make sense, I am not a repeat offender and didn't commit the second offence after coming out of jail. I didn't clarify this in my cover letter tho.

Citizenship is a privilege, not a right. totally I get that, appreciate it, respect it and understand it and I know that with ILR I don't need to worry about anything however, I have a very specific case that is causing me a lot of hassle on my day 2 day life, I run a group of companies that turnover a substation amount of money and hire over 70 people, I am hoping that this could be seen as an improvement in the good character as to my understanding having insolvency in business does affect the application negatively, why shouldn't a successful business affect it positively. Moreover, in 2012 after being on a student visa, as I come from Syria I did apply for Asylum as I feared returning home and since then I have been on the UK 1951 Travel Document, when I changed my status to the EUSS in 2020 I did request to get my National Passport back so I can renew it and live a normal life, but my government refuse to renew my passport due me changing my surname after marriage and they have threatened to strip me from Nationality as I did not serve my Military Service and so on, my life now will always be with a 1951 Travel Document which I am finding difficult to live with as many countries don't approve it or they just don't like it and the visa process is onerous as well as the fact that I am no longer a refugee, I travel a lot for work. This is my biggest challenge and I feel that I am stuck, otherwise I am not bothered to stay on ILR/highlight]

Thanks CR001/Char, I will answer above.

Finally, maybe I should give up and 1951 Travel Document and try my luck again with National Passport but it would be in my maidan name while all of my life here in the UK is in my new surname after marriage, this must create a havoc. Anyone has anything to say on this?

[contorted_svy]

You had two very long sentences in the last 10 years, it sounds like you already made up your mind, but I would say you have better chances in 2027 when it's been 10 years, and even then it may be still held by the caseworker that the balance of probability leans towards you reoffending. If you do choose to wait you can try to take further actions to make your case stronger (eg community service, volunteering, etc).

I understand your point contorted_svy however, the current guideline doesn't clarify any any waiting time etc, the 10 year you are proposing, are you driving this from the old guideline?

The new guidance doesn't specify a timeframe so if one wants to give the harshest possible reading it may just not be possible to obtain citizenship with a long conviction ever unless one demonstrates compassionate circumstances. The reason I am quoting 10 years is because that is the timeframe of immigration non-compliances eg overstaying - if one is required to wait 10 years since overstaying, two custodial sentences surely would require something of the same order of magnitude if not more (which is a more lenient look at the guidance). If you are determined to pursue this you will need the help of a solicitor if you aren't using one already.

[MuhammadM86]

Just to add that I have also treated myself from Gambling which was the reason for all of problem and the 2 offences that I have done, I lost my own money and did the above, yet I paid it back, treated myself, volunteered and become good with business, not sure what I could do more. If anyone think of anything more that I can do, please share with me. I personally feel that there isn't more to be done to improve my character, hence I feel submitting a review is my only hope, which could be a big no too.

In the previous guideline, it was clear to wait 15 years in my case, but now it is no longer and hence I have given it a shot otherwise if the guideline didn't change, my plan was to apply in 2034.

And maybe you are right contorted_svy that the answer is a no. What would fall under compassionate circumstances? Is the struggle with my name issue rearing National Passport is a possibility?

If Syrian has stripped me from Nationality I become stateless, I think this would add more mess to my case.

I can not even buy a Nationality by investment i.e. St Lucia and this is due to Criminality, although I am prepared to pay 100k for it but I can't do it.

[contorted_svy]

Your first conviction was for fraud. This is taken very seriously by government departments.

What is the second conviction for? theft from employer, but what I want to highlight here is that both offences where identical, CPS choose to give them different charges

You have two custodial convictions very close to each other, not even full 2 years apart. what I want to highlight as well which I think I should have made clear in my covering letter but I didn't which is the Fraud sentence that happened in 2015, the offence did occur in 2015 however the sentence that happened in 2017, the offence took place in 2014. CPS also choose to charge and sentence me for the Fraud charge as by that time they didn't complete their investigation for the other offence hence I went to jail while they were still investigating the matter and once released then I was charged and summoned to court again, the judge did criticise the CPS for not putting both cases together in the court room, hence my second sentence was suspended as I have already had my punishment, hope this make sense, I am not a repeat offender and didn't commit the second offence after coming out of jail. I didn't clarify this in my cover letter tho.

Citizenship is a privilege, not a right. totally I get that, appreciate it, respect it and understand it and I know that with ILR I don't need to worry about anything however, I have a very specific case that is causing me a lot of hassle on my day 2 day life, I run a group of companies that turnover a substation amount of money and hire over 70 people, I am hoping that this could be seen as an improvement in the good character as to my understanding having insolvency in business does affect the application negatively, why shouldn't a successful business affect it positively. because you don't satisfy good character, which is one of the statutory requirements. You don't get to waive a necessary requirement by swapping in an unnecessary ones. Moreover, in 2012 after being on a student visa, as I come from Syria I did apply for Asylum as I feared returning home and since then I have been on the UK 1951 Travel Document, when I changed my status to the EUSS in 2020 I did request to get my National Passport back so I can renew it and live a normal life, but my government refuse to renew my passport due me changing my surname after marriage and they have threatened to strip me from Nationality as I did not serve my Military Service and so on, my life now will always be with a 1951 Travel Document which I am finding difficult to live with as many countries don't approve it or they just don't like it and the visa process is onerous as well as the fact that I am no longer a refugee, I travel a lot for work. This is my biggest challenge and I feel that I am stuck, otherwise I am not bothered to stay on ILR as unfortunate as these circumstances are from your home country, your past actions and convictions determined that your UK citizenship application was rejected. I don't know how to go about getting back your Syrian passport unfortunately, but your past behaviour is seen by the HO as not meeting the threshold of being a UK citizen. I appreciate it is a hassle but I am afraid it doesn't qualify you for extenuating or compassionate circumstances to have to apply for visas because you travel for work. /highlight]

Thanks CR001/Char, I will answer above.

Finally, maybe I should give up and 1951 Travel Document and try my luck again with National Passport but it would be in my maidan name while all of my life here in the UK is in my new surname after marriage, this must create a havoc. Anyone has anything to say on this?

[contorted_svy]

Just to add that I have also treated myself from Gambling which was the reason for all of problem and the 2 offences that I have done, I lost my own money and did the above, yet I paid it back, treated myself, volunteered and become good with business, not sure what I could do more. Sometimes, as hard as you work to improve your situation, there are things that are out of reach. I know this sounds hash, but we don't set the rules of this game. If anyone think of anything more that I can do, please share with me. I personally feel that there isn't more to be done to improve my character, hence I feel submitting a review is my only hope, which could be a big no too. As I said multiple times, talk to a solicitor.

In the previous guideline, it was clear to wait 15 years in my case, but now it is no longer and hence I have given it a shot otherwise if the guideline didn't change, my plan was to apply in 2034.

And maybe you are right contorted_svy that the answer is a no. What would fall under compassionate circumstances? Is the struggle with my name issue rearing National Passport is a possibility?

If Syrian has stripped me from Nationality I become stateless, I think this would add more mess to my case.

Honestly I have no idea, as there is no explicit guidance on that. As I said above I would entrust a solicitor. You risking your only nationality being stripped would make it a lot more complicated, I agree. Rendering someone stateless is against human rights, but I would tread as lightly as possible on that.

[MuhammadM86]

A decent solicitor once told me that the Good Character is only a guideline/policy and not a law, hence in his opinion it could be argued with HO. Not sure how achievable that is, but I may need to go back to him.

Having said that, I have seen many cases granted with Criminal Record that is even more serious that mine. Difference applicant, difference circumstances and difference case workers I suppose.

[contorted_svy]

Also different rules. You applied under the new rules which just came in force last July, which are harsher to people with longer custodial sentences.

[MuhammadM86]

Does anyone know how long I have until I request the review? It doesn’t say in the email.

Can I review after a year or 2?

[contorted_svy]

I wouldn't know, but you find the guidance here https://assets.publishing.service.gov.u ... -09-23.pdf and I don't think a timeframe is mentioned on there either.

[meself2]

it would be in my maidan name while all of my life here in the UK is in my new surname after marriage, this must create a havoc.

Can you not enclose your marriage certificate to gain a passport in married name?
This is how it usually goes, when applying for a passport in a few European countries that I know of at least.

[MuhammadM86]

it would be in my maidan name while all of my life here in the UK is in my new surname after marriage, this must create a havoc.

Can you not enclose your marriage certificate to gain a passport in married name?
This is how it usually goes, when applying for a passport in a few European countries that I know of at least.

Not in Syria sadly, men aren’t allowed to change surname after marriage.

[maximo]

Hi All
I have write to HO complaints team using the same reference I have with them while my case was ongoing.
And here their reply.

Thank you for your email/correspondence on 26/02/2024



Unfortunately we are not able to accept your correspondence as a valid complaint at this time for the reasons stated below. For further information on our complaints process and a copy of the current complaints management guidance go to: www.gov.uk/government/organisations/uk- ... -procedure



Your correspondence relates to dissatisfaction with an Immigration decision, this type of correspondence does not fall within the remit of our complaints process.

We strongly recommend that you seek independent advice about the UK’s Immigration Rules and requirements from a qualified UK immigration adviser. In the UK, the Office of the Immigration Services Commissioner (OISC) regulates immigration advisers. The OISC website www.gov.uk/find-an-immigration-adviser provides a list of immigration advisers. You can also get advice from legally qualified professionals that are regulated by designated professional bodies.
Any help where to go from here?

[contorted_svy]

I imagine you need to submit a reconsideration.

[maximo]

Hi contorted_svy

Yes Solicitors got back to me and will submit reconsideration. Thanks

[bcenq]

Hi all

I got a rejection email today, and I says. "You were asked to provide information pertaining to any criminal convictions or cautions in your application. This was also your opportunity to submit information in support of your good character. However, it is noted that you did not declare the criminality recorded against you, nor were any mitigating factors provided "

I had a previous conviction for which i got a 10month sentence 11years ago and I clearly stated in the application, and I also include a copy of my dbs report in the application. This has to be a mistake right?

[MuhammadM86]

Hi all

I got a rejection email today, and I says. "You were asked to provide information pertaining to any criminal convictions or cautions in your application. This was also your opportunity to submit information in support of your good character. However, it is noted that you did not declare the criminality recorded against you, nor were any mitigating factors provided "

I had a previous conviction for which i got a 10month sentence 11years ago and I clearly stated in the application, and I also include a copy of my dbs report in the application. This has to be a mistake right?

Well, if you have declared it then it is a mistake.
What is your criminal record? Full 10 months sentence or is this what you’ve spent in prison?

[maximo]

Hi All
My Mp got back to my email and here she said

You will need to seek some legal advice on what your options are going forward. I refer you to the next steps section on the refusal email.

I trust this is of some assistance.

Similar to what Home Office complaints department said. I think when reconsideration is submitted I will ho back to her with reference to chase it? Any thoughts? Thanks

[contorted_svy]

You can inform her you submitted a judicial review but consider there is no timeline for the HO to respond to those, so she may not be able to help much chasing it.