British citizenshiip application rejected for wrong reasons

[latha888]

Hi all,

I hope you are all doing fine, I am utterly gutted as my application got rejected for totally wrong reasons.Please look at the below rejection letter which states the reasons for my refusal which are completely wrong.

The letter states that I do not hold an ILR but I got granted ILR on 8 feb 2024 along with my mother who is wife of a British citizen, but I applied for my British citizenship while my mother decided not to. The letter also states that they received my application on 16th may 2023 which is wrong, I applied for my citizenship on 16th may 2024 and not 16th may 2023. Could anyone please guide me on what to do next

The letter:

Reasons for decision

An applicant for naturalisation is expected to meet certain UK residence requirements which are set out at www.gov.uk/becoming-a-british-citizen.
You have not been successful in your application for British Citizenship because you have not met the requirement to:

· Be free from immigration time restrictions on the date of application

Your application was received on 16th May 2023 As you were subject to a time limit on your stay in the United Kingdom on the date of your application you do not meet one of the residence requirements. To explain further, prior to your naturalisation application you held Leave to Remain which was valid until 11th February 2024 however, all applicants applying for naturalisation must be free from immigration time restrictions on the date of application. This would normally mean holding Indefinite leave to remain (ILR) or another form of settled status for at least 12 months.

The Home Secretary has no discretion to waive this particular requirement and as you don’t meet it your application is refused.

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 £130.00 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

[Ticktack]

Prolly they made a mistake here, but you would have still failed. You're required to have ILR for 1 year prior to your application. You've applied almost immediately.

You do not qualify yet.

[contorted_svy]

Reason for rejection is incorrect, but it is your mother that would be eligible as married to a British citizen, not you. You have to wait until 7 Feb 2025 to become eligible.

[Ticktack]

Reason for rejection is incorrect, but it is your mother that would be eligible as married to a British citizen, not you. You have to wait until 7 Feb 2025 to become eligible.

8th of Feb, 2025

[contorted_svy]

If we want to nitpick it would be 9 Feb, as on the 8 Feb the year completes (see also rule of being in the UK exactly 5 years prior, where they ask the applicant be in the UK on the calendar day 5 years + 1 day). Immaterial to this case anyway.

[vinny]

How old are you?

If you are 18 or over and unmarried, then Section 6(1) requires that you held ILR for at least a year.

[latha888]

How old are you?

If you are 18 or over and unmarried, then Section 6(1) requires that you held ILR for at least a year.

yes, I am above 18 I thought i might the eligble cause the ILR has been granted for me and my mother at the same time. Is there any way that i could try for a refund

[contorted_svy]

No refund unfortunately. You applied and were not eligible, it is an applicant's responsibility to make sure they respect the statutory requirements.

[Ticktack]

If we want to nitpick it would be 9 Feb, as on the 8 Feb the year completes (see also rule of being in the UK exactly 5 years prior, where they ask the applicant be in the UK on the calendar day 5 years + 1 day). Immaterial to this case anyway.

I'm sure you wouldn't want the OP to gamble their money again. It's 12 calendar months and that takes the OP to 8 of Feb at the earliest. OP can do 9th, 10th or 11th, entirely up to him.

A year is from January 1 to December 31st. A new year is another January 1 not January 2nd.

[contorted_svy]

One day is unlikely to make a difference (as case workers have guidance to waive one day in favour of the applicant), though it would be curious that they consider a full year free from immigration restrictions with a different definition than the 5 years qualifying period.

[Amber]

Please confirm what type of leave you had, was this under the EU settlement scheme or not? When did you apply for ILR, the exact date? Are there any compelling or exceptional circumstances, eg were you planning on joining the armed forces or needed British citizenship for a job or travel?

[latha888]

Please confirm what type of leave you had, was this under the EU settlement scheme or not? When did you apply for ILR, the exact date? Are there any compelling or exceptional circumstances, eg were you planning on joining the armed forces or needed British citizenship for a job or travel?

No, this was not under EU settlement scheme. My mother applied for ILR as she completed her 5 years on spouse visa route and she added me as her dependent when she applied for ILR and we both got granted ILR on 8th feb 2024 at the same time, but I alone applied for British citizenship as the rule stated spouse of British citizen could apply for citizenship immediately, I thought that rule would apply for me too but I was mistaken. I needed British citizenship cause I could travel over Europe and apply for job roles over in the Europe

[TerryGH]

I needed British citizenship cause I could travel over Europe and apply for job roles over in the Europe

You know that you can't work in Europe with a British passport? You'd need to get a visa same way you need it with your current nationality.

[contorted_svy]

Please confirm what type of leave you had, was this under the EU settlement scheme or not? When did you apply for ILR, the exact date? Are there any compelling or exceptional circumstances, eg were you planning on joining the armed forces or needed British citizenship for a job or travel?

No, this was not under EU settlement scheme. My mother applied for ILR as she completed her 5 years on spouse visa route and she added me as her dependent when she applied for ILR and we both got granted ILR on 8th feb 2024 at the same time, but I alone applied for British citizenship as the rule stated spouse of British citizen could apply for citizenship immediately, I thought that rule would apply for me too but I was mistaken. I needed British citizenship cause I could travel over Europe and apply for job roles over in the Europe

The concept of dependents doesn't apply to nationality law. As @TerryGH correctly stated you would need a visa to work in EU after Brexit anyways.

[vinny]

I needed British citizenship cause I could travel over Europe and apply for job roles over in the Europe

Unfortunately, a benefit of Brexit is that

UK Citizens will no longer have the automatic right to live and work in the EU, and vice versa.

An exception is Ireland.