Unsuccessful applications

[alyo]

My 4 children were refused registration last year . i appealed for 2 of them and got their certificate and approval .

I have decided to appeal ( review) for the other 2 children however it is now 5 months with no reply.

Is there a specific time that they must reply to the Review?

Can they take more than 6 months? and if yes is it common?

thank you

For nationality there's only "reconsideration", which is not an immigration appeal.
If you consider UKVI have not properly applied the relevant law and regulations.
There's no service target for these, it can take as long as they take.
Have you filled in the reconsideration form?
https://www.gov.uk/government/publicati ... ed-form-nr

My solicitor applied for reconsideration.. it is now 5 motnhs with no reply. I am guessing nothing i can do except wait.

[russ1981]

your legal status will consider from date of your marriage with EEA, not the date when you got residence card. you have to be show good character requirement 10 years from the date of marriage untill the date of Naturalisation application. just make sure you did not got deception from the previous Naturalisation application.

Hello.
I have a very similar issue. I got married Feb 2014 but only received residence card in Sep 2014, applied for naturalisation and got refused in 2020 not meeting good character. May I ask you where you get this information from? i tried to find a legal source but was unable to do so.
Thank you.

[russ1981]

re-Unmarried partner of an EU citizen does not count as legal residence. You had no status in the UK at that time. Unmarried partners have no automatic rights under the EU regulations.

Thanks for the update, but I have seen people being granted EEA residence permits on the basis of being an unmarried partner of an EU national, so now am slightly confused

Thanks though

Yes and their legal residence only starts counting from the date the RC is issued, not before.

Your residence started counting from the date you got married as you did not have an RC as an unmarried partner of an EU citizen under the EU rules.

Hello Char,
I have a similar problem.
Applied for naturalisation in 2020, was refused the same year for not meeting a 'good character'.
Please see my SAR record.
06/06/99 arrived in UK with EC gran ed as a V sitor for period 06/06/99 to 06/12/99
<breach>
05/04/12 applied for Human Rights - Article 8, refused with no ROA 21/08/13 (CID notes confirm ""Last time
granted 3 months Extension or change of conditions until 30/06/2000. Overstayed since "")
14/02/14 married an EEA national.
25/02/14 applied for EEA - Residence Card - Non EEA National - Spouse/Civil Partner, rejected 06/03/14.
18/03/14 applied within 28 days for EEA - Residence Card - Non EEA National - Spouse/Civil Partner,
refused 28/04/14.
14/07/14 applied out of time for EEA - Residence Card - Non EEA National - Spouse/Civil Partner, issued
13/09/14 - 13/09/19.
09/01/19 applied in time for EEA (BIO) - Res Card - Non EEA National - Spouse/CP, granted 03/04/18 -
03/04/23.
14/02/19 applied in time for EU Exit Sett. Sch - PR holder, granted EUE GRANT I.L.R.
27/03/19.
Therefore he was in the UK without leave from 30/06/00 when his leave expired until 14/02/14 when he
married an EEA national. He was non-compliant from 30/06/00 - 05/04/12 when he next made an application
for further leave. As we only take ten years into account, he was non-compliant from 29/03/10 - 05/04/12. I
propose to refuse on character as he overstayed in the UK for 2 years and made no attempt to regularise his
stay during this time
However, these notes were on my refusal letter.
You were in the United Kingdom without permission and were therefore noncompliant
between 30 June 2000, when your leave to remain expired, until you
became compliant on 05 April 2012 when you next submitted an application for
leave to remain and only gained valid leave to remain in the United Kingdom on
28 April 2014. You made no attempt to regularise your stay during this time
without leave.
Therefore, you are considered to have been non-compliant and in breach of UK
immigration laws within the 10 years immediately before your application for
citizenship was decided and do not meet the good character requirement.
If you still wish to become a British citizen, a fresh application for naturalisation
must be made. An application can be made at any time but you are advised to
ensure, as far as possible, that the requirements are met before doing so. In
this respect, I should point out that your compliance with immigration law during
the 10 years immediately preceding your application date will be assessed to
ensure that you can satisfy the requirements of a Naturalisation application,
including the ‘Good Character’ requirement
So my question is: when is the time for me to apply for naturalisation? Sorry for reposting, I just got the mixture of opinions, and not sure what to follow.
Your opinion will be highly appreciated.
Thanks so much.

[contorted_svy]

the caseworker explained to you they will consider the last 10 years history. Your leave to remain was granted on the 13 Sept 2014 and your immigration has been regular since then, so you can apply after the 13 Sept 2024.

[russ1981]

Hello contorted_svy. Thank you for replying to my posts.
I'm sorry for keep banging on about this. It is because I saw contradicting comments.
Having read previous posts in this section, others had a similar circumstances. When their applications were refused, the caseworker expressly stated that their lawful residence begins on the day of marriage to the EU citizen, providing that the marriage is legal and the EU spouse exercises its Treaty rights. The only exception to it is extended family members, who MUST apply for residence card and their legal residence commences from the start date of their RC.
In addition, I did my own research and read the HO guidance. In the guidance it says:
Direct family members have an automatic right of residence in the UK for as long as
they remain the family member of that EEA national sponsor and the sponsor:
• is entitled to reside in the UK for an initial period of 3 months
• is a qualified person
• has a right of permanent residence
As to my caseworker's notes. It was stated that I was compliant from Apr 2012 when I made my DL application. Although it was refused in Aug 2013, I was NOT served with the removal notice ( I was told to make my own arrangements to leave the UK). I presume that although the DL was refused, I was compliant (in limbo, was not subject to removal, but had no rights).
According to my previous applications, I applied for EU settled status in Feb 2019, the date of our marriage and I was granted. Therefore, my guess was that the residence started from the date of marriage.
And finally, there is no mentioning the date of grant of the RC by the HO caseworker.
Once again, a huge thanks to you for being patient with me and taking time in replying. It is all extremely confusing, and I merely want to get to the bottom of it, that's all.
Regards,

[munirabid]

Hi
Your 10 years period start from compliant Apr 2012 . So you can apply Naturalization after any time Apr 2022 , so you are good go.

[russ1981]

Hi
Your 10 years period start from compliant Apr 2012 . So you can apply Naturalization after any time Apr 2022 , so you are good go.

Thank you so much munirabid.

[bcenq]

Hi All

I recently got refused on good character grounds, Basically I have a 10month conviction (not violent or sexual crime) and spent 5 months in prison. This was 11 years ago, and a driving offence 9 years ago. New good character requirement came into effect 31st July 2023

A person must be refused if they have:
• a custodial sentence of less than 12 months
• a non-custodial sentence or out-of-court disposal recorded on their criminal record
and you are not satisfied, on the balance of probabilities, that they are of good
character.

On balance of probabilities I believe I am of good character, almost 10 years of not offending, working and paying taxes, NI contributions etc every year for almost a decade.

And more importantly, The reason for refusal was not because of the presence of my convictions. They stated that I did not declare my criminality. Which I 100% did and I even included a copy of my DBS report in the documents I uploaded during my application.

I feel like it might be an oversight error on the part of the caseworker, as I have not had any brush with the police in about a decade, apart from receiving a letter for speeding, for which I did a speed awareness course.

I am not aware of any other convictions which was not declared. Can someone be convicted of a crime without been arrested or charged?

Do you think this case stands a chance with reconsideration? and can anyone please give me an idea of the current waiting time for review/reconsideration?

[allain]

Hi All

I recently got refused on good character grounds, Basically I have a 10month conviction (not violent or sexual crime) and spent 5 months in prison. This was 11 years ago, and a driving offence 9 years ago. New good character requirement came into effect 31st July 2023

A person must be refused if they have:
• a custodial sentence of less than 12 months
• a non-custodial sentence or out-of-court disposal recorded on their criminal record
and you are not satisfied, on the balance of probabilities, that they are of good
character.

On balance of probabilities I believe I am of good character, almost 10 years of not offending, working and paying taxes, NI contributions etc every year for almost a decade.

And more importantly, The reason for refusal was not because of the presence of my convictions. They stated that I did not declare my criminality. Which I 100% did and I even included a copy of my DBS report in the documents I uploaded during my application.

I feel like it might be an oversight error on the part of the caseworker, as I have not had any brush with the police in about a decade, apart from receiving a letter for speeding, for which I did a speed awareness course.

I am not aware of any other convictions which was not declared. Can someone be convicted of a crime without been arrested or charged?

Do you think this case stands a chance with reconsideration? and can anyone please give me an idea of the current waiting time for review/reconsideration?

yes certainly apply for reconsideration, did you receive letter saying the earliest date you can apply again?

[bcenq]

Hi All

I recently got refused on good character grounds, Basically I have a 10month conviction (not violent or sexual crime) and spent 5 months in prison. This was 11 years ago, and a driving offence 9 years ago. New good character requirement came into effect 31st July 2023

A person must be refused if they have:
• a custodial sentence of less than 12 months
• a non-custodial sentence or out-of-court disposal recorded on their criminal record
and you are not satisfied, on the balance of probabilities, that they are of good
character.

On balance of probabilities I believe I am of good character, almost 10 years of not offending, working and paying taxes, NI contributions etc every year for almost a decade.

And more importantly, The reason for refusal was not because of the presence of my convictions. They stated that I did not declare my criminality. Which I 100% did and I even included a copy of my DBS report in the documents I uploaded during my application.

I feel like it might be an oversight error on the part of the caseworker, as I have not had any brush with the police in about a decade, apart from receiving a letter for speeding, for which I did a speed awareness course.

I am not aware of any other convictions which was not declared. Can someone be convicted of a crime without been arrested or charged?

Do you think this case stands a chance with reconsideration? and can anyone please give me an idea of the current waiting time for review/reconsideration?

yes certainly apply for reconsideration, did you receive letter saying the earliest date you can apply again?

They stated that i can apply at anytime, but any new application will be considered based on the information available at the time, and Failure to disclose my criminality will be taken into consideration for any application I submit in the next 10 years, and it's most likely will result in it being unsucessful. Hence the reason why I have to challenge the refusal, because I fully disclosed everything and should not be punished for what I didnt do.

[allain]

Hi All

I recently got refused on good character grounds, Basically I have a 10month conviction (not violent or sexual crime) and spent 5 months in prison. This was 11 years ago, and a driving offence 9 years ago. New good character requirement came into effect 31st July 2023

A person must be refused if they have:
• a custodial sentence of less than 12 months
• a non-custodial sentence or out-of-court disposal recorded on their criminal record
and you are not satisfied, on the balance of probabilities, that they are of good
character.

On balance of probabilities I believe I am of good character, almost 10 years of not offending, working and paying taxes, NI contributions etc every year for almost a decade.

And more importantly, The reason for refusal was not because of the presence of my convictions. They stated that I did not declare my criminality. Which I 100% did and I even included a copy of my DBS report in the documents I uploaded during my application.

I feel like it might be an oversight error on the part of the caseworker, as I have not had any brush with the police in about a decade, apart from receiving a letter for speeding, for which I did a speed awareness course.

I am not aware of any other convictions which was not declared. Can someone be convicted of a crime without been arrested or charged?

Do you think this case stands a chance with reconsideration? and can anyone please give me an idea of the current waiting time for review/reconsideration?

yes certainly apply for reconsideration, did you receive letter saying the earliest date you can apply again?

They stated that i can apply at anytime, but any new application will be considered based on the information available at the time, and Failure to disclose my criminality will be taken into consideration for any application I submit in the next 10 years, and it's most likely will result in it being unsucessful. Hence the reason why I have to challenge the refusal, because I fully disclosed everything and should not be punished for what I didnt do.

if you have applied online, you might have received the pdf copy of the application file, you can check that aswell and also complain to home office regarding this.

[allain]

this is strange they already know about the applicant's history yet still want you to mention it again,

same thing they do with visit visa applications, they ask about if you have been refused a visit visa before, if the applicant say NO and has been refused they refuse your application.

why ask applicants if you already know about it?

[contorted_svy]

this is strange they already know about the applicant's history yet still want you to mention it again,

same thing they do with visit visa applications, they ask about if you have been refused a visit visa before, if the applicant say NO and has been refused they refuse your application.

why ask applicants if you already know about it?

Because they want to see if you will be honest or try to hide what happened.

[contorted_svy]

Hi All

I recently got refused on good character grounds, Basically I have a 10month conviction (not violent or sexual crime) and spent 5 months in prison. This was 11 years ago, and a driving offence 9 years ago. New good character requirement came into effect 31st July 2023

A person must be refused if they have:
• a custodial sentence of less than 12 months
• a non-custodial sentence or out-of-court disposal recorded on their criminal record
and you are not satisfied, on the balance of probabilities, that they are of good
character.

On balance of probabilities I believe I am of good character, almost 10 years of not offending, working and paying taxes, NI contributions etc every year for almost a decade.

And more importantly, The reason for refusal was not because of the presence of my convictions. They stated that I did not declare my criminality. Which I 100% did and I even included a copy of my DBS report in the documents I uploaded during my application.

I feel like it might be an oversight error on the part of the caseworker, as I have not had any brush with the police in about a decade, apart from receiving a letter for speeding, for which I did a speed awareness course.

I am not aware of any other convictions which was not declared. Can someone be convicted of a crime without been arrested or charged?

Do you think this case stands a chance with reconsideration? and can anyone please give me an idea of the current waiting time for review/reconsideration?

yes certainly apply for reconsideration, did you receive letter saying the earliest date you can apply again?

They stated that i can apply at anytime, but any new application will be considered based on the information available at the time, and Failure to disclose my criminality will be taken into consideration for any application I submit in the next 10 years, and it's most likely will result in it being unsucessful. Hence the reason why I have to challenge the refusal, because I fully disclosed everything and should not be punished for what I didnt do.

If you disclosed everything I would advise speaking to a solicitor, ask for a review, and put in a complaint.

[bcenq]

Hi All

I recently got refused on good character grounds, Basically I have a 10month conviction (not violent or sexual crime) and spent 5 months in prison. This was 11 years ago, and a driving offence 9 years ago. New good character requirement came into effect 31st July 2023

A person must be refused if they have:
• a custodial sentence of less than 12 months
• a non-custodial sentence or out-of-court disposal recorded on their criminal record
and you are not satisfied, on the balance of probabilities, that they are of good
character.

On balance of probabilities I believe I am of good character, almost 10 years of not offending, working and paying taxes, NI contributions etc every year for almost a decade.

And more importantly, The reason for refusal was not because of the presence of my convictions. They stated that I did not declare my criminality. Which I 100% did and I even included a copy of my DBS report in the documents I uploaded during my application.

I feel like it might be an oversight error on the part of the caseworker, as I have not had any brush with the police in about a decade, apart from receiving a letter for speeding, for which I did a speed awareness course.

I am not aware of any other convictions which was not declared. Can someone be convicted of a crime without been arrested or charged?

Do you think this case stands a chance with reconsideration? and can anyone please give me an idea of the current waiting time for review/reconsideration?

yes certainly apply for reconsideration, did you receive letter saying the earliest date you can apply again?

They stated that i can apply at anytime, but any new application will be considered based on the information available at the time, and Failure to disclose my criminality will be taken into consideration for any application I submit in the next 10 years, and it's most likely will result in it being unsucessful. Hence the reason why I have to challenge the refusal, because I fully disclosed everything and should not be punished for what I didnt do.

If you disclosed everything I would advise speaking to a solicitor, ask for a review, and put in a complaint.

Yes, I did speak to a solicitor, same one that handled the initial application and they recommended we request for a review because we definitely disclosed everything. The reconsideration request has been submitted in April, now it's just a matter of waiting for their response.

[bcenq]

Hi All

I recently got refused on good character grounds, Basically I have a 10month conviction (not violent or sexual crime) and spent 5 months in prison. This was 11 years ago, and a driving offence 9 years ago. New good character requirement came into effect 31st July 2023

A person must be refused if they have:
• a custodial sentence of less than 12 months
• a non-custodial sentence or out-of-court disposal recorded on their criminal record
and you are not satisfied, on the balance of probabilities, that they are of good
character.

On balance of probabilities I believe I am of good character, almost 10 years of not offending, working and paying taxes, NI contributions etc every year for almost a decade.

And more importantly, The reason for refusal was not because of the presence of my convictions. They stated that I did not declare my criminality. Which I 100% did and I even included a copy of my DBS report in the documents I uploaded during my application.

I feel like it might be an oversight error on the part of the caseworker, as I have not had any brush with the police in about a decade, apart from receiving a letter for speeding, for which I did a speed awareness course.

I am not aware of any other convictions which was not declared. Can someone be convicted of a crime without been arrested or charged?

Do you think this case stands a chance with reconsideration? and can anyone please give me an idea of the current waiting time for review/reconsideration?
[/quote]
yes certainly apply for reconsideration, did you receive letter saying the earliest date you can apply again?
[/quote]

They stated that i can apply at anytime, but any new application will be considered based on the information available at the time, and Failure to disclose my criminality will be taken into consideration for any application I submit in the next 10 years, and it's most likely will result in it being unsucessful. Hence the reason why I have to challenge the refusal, because I fully disclosed everything and should not be punished for what I didnt do.
[/quote]

If you disclosed everything I would advise speaking to a solicitor, ask for a review, and put in a complaint.
[/quote]




Yes, I did speak to a solicitor, same one that handled the initial application and they recommended we request for a review because we definitely disclosed everything. The reconsideration request has been submitted in April, now it's just a matter of waiting for their response.
[/quote]





Hey all

I just got a response for my reconsideration application, and they acknowledged that it was an error on the part of the decision maker, that I actually declared my conviction, and hence they have updated that on their system, BUT due to the fact that I did not include any substantial evidence of mitigating factors to prove that I am now of good character they feel I have not met the requirement. My solicitor is suggesting we go for JR, but I dont know if that's the best course of action. Any advice or suggestion guys?

[maximo]

Hi Bcenq
This Is just terrible really, They accept their mistake and now want you to prove that your now good character?? Really? before granted anyone Is granted Citizenship as I know that's the first check home office. They definitely know if you're now good character or not.
I just think it will be difficult for us who have been In prison to gain Citizenship.
I feel very bad

[contorted_svy]

Hi All

I recently got refused on good character grounds, Basically I have a 10month conviction (not violent or sexual crime) and spent 5 months in prison. This was 11 years ago, and a driving offence 9 years ago. New good character requirement came into effect 31st July 2023

A person must be refused if they have:
• a custodial sentence of less than 12 months
• a non-custodial sentence or out-of-court disposal recorded on their criminal record
and you are not satisfied, on the balance of probabilities, that they are of good
character.

On balance of probabilities I believe I am of good character, almost 10 years of not offending, working and paying taxes, NI contributions etc every year for almost a decade.

And more importantly, The reason for refusal was not because of the presence of my convictions. They stated that I did not declare my criminality. Which I 100% did and I even included a copy of my DBS report in the documents I uploaded during my application.

I feel like it might be an oversight error on the part of the caseworker, as I have not had any brush with the police in about a decade, apart from receiving a letter for speeding, for which I did a speed awareness course.

I am not aware of any other convictions which was not declared. Can someone be convicted of a crime without been arrested or charged?

Do you think this case stands a chance with reconsideration? and can anyone please give me an idea of the current waiting time for review/reconsideration?

yes certainly apply for reconsideration, did you receive letter saying the earliest date you can apply again?
[/quote]

They stated that i can apply at anytime, but any new application will be considered based on the information available at the time, and Failure to disclose my criminality will be taken into consideration for any application I submit in the next 10 years, and it's most likely will result in it being unsucessful. Hence the reason why I have to challenge the refusal, because I fully disclosed everything and should not be punished for what I didnt do.
[/quote]

If you disclosed everything I would advise speaking to a solicitor, ask for a review, and put in a complaint.
[/quote]




Yes, I did speak to a solicitor, same one that handled the initial application and they recommended we request for a review because we definitely disclosed everything. The reconsideration request has been submitted in April, now it's just a matter of waiting for their response.
[/quote]





Hey all

I just got a response for my reconsideration application, and they acknowledged that it was an error on the part of the decision maker, that I actually declared my conviction, and hence they have updated that on their system, BUT due to the fact that I did not include any substantial evidence of mitigating factors to prove that I am now of good character they feel I have not met the requirement. My solicitor is suggesting we go for JR, but I dont know if that's the best course of action. Any advice or suggestion guys?
[/quote]



You can't do a JR for a citizenship application as it only applies to immigration applications. I suggest you apply again in the future and include any mitigating factors to show your character has changed. It is stated in the good character requirement that you should bring evidence that your character has changed if you received a conviction.

[bcenq]

Hi All

I recently got refused on good character grounds, Basically I have a 10month conviction (not violent or sexual crime) and spent 5 months in prison. This was 11 years ago, and a driving offence 9 years ago. New good character requirement came into effect 31st July 2023

A person must be refused if they have:
• a custodial sentence of less than 12 months
• a non-custodial sentence or out-of-court disposal recorded on their criminal record
and you are not satisfied, on the balance of probabilities, that they are of good
character.

On balance of probabilities I believe I am of good character, almost 10 years of not offending, working and paying taxes, NI contributions etc every year for almost a decade.

And more importantly, The reason for refusal was not because of the presence of my convictions. They stated that I did not declare my criminality. Which I 100% did and I even included a copy of my DBS report in the documents I uploaded during my application.

I feel like it might be an oversight error on the part of the caseworker, as I have not had any brush with the police in about a decade, apart from receiving a letter for speeding, for which I did a speed awareness course.

I am not aware of any other convictions which was not declared. Can someone be convicted of a crime without been arrested or charged?

Do you think this case stands a chance with reconsideration? and can anyone please give me an idea of the current waiting time for review/reconsideration?

yes certainly apply for reconsideration, did you receive letter saying the earliest date you can apply again?

They stated that i can apply at anytime, but any new application will be considered based on the information available at the time, and Failure to disclose my criminality will be taken into consideration for any application I submit in the next 10 years, and it's most likely will result in it being unsucessful. Hence the reason why I have to challenge the refusal, because I fully disclosed everything and should not be punished for what I didnt do.
[/quote]

If you disclosed everything I would advise speaking to a solicitor, ask for a review, and put in a complaint.
[/quote]




Yes, I did speak to a solicitor, same one that handled the initial application and they recommended we request for a review because we definitely disclosed everything. The reconsideration request has been submitted in April, now it's just a matter of waiting for their response.
[/quote]





Hey all

I just got a response for my reconsideration application, and they acknowledged that it was an error on the part of the decision maker, that I actually declared my conviction, and hence they have updated that on their system, BUT due to the fact that I did not include any substantial evidence of mitigating factors to prove that I am now of good character they feel I have not met the requirement. My solicitor is suggesting we go for JR, but I dont know if that's the best course of action. Any advice or suggestion guys?
[/quote]



You can't do a JR for a citizenship application as it only applies to immigration applications. I suggest you apply again in the future and include any mitigating factors to show your character has changed. It is stated in the good character requirement that you should bring evidence that your character has changed if you received a conviction.
[/quote]


We went ahead and sent a Pre-Action Protocol letter to the home office regarding the refusal and we received this response today.

" The relevant case working team has been contacted regarding the decision to maintain the refusal of client's application for naturalisation, The team have agreed to reconsider this decision and it is endeavoured that your client will be contacted within 3 months regarding the outcome of the reconsideration".

What do you guys make of this development?

[contorted_svy]

I think as you decided to go ahead with a PAPL let's see what they say in 3 months. If the answer is negative you may have to apply again and build a stronger case.

[bcenq]

I think as you decided to go ahead with a PAPL let's see what they say in 3 months. If the answer is negative you may have to apply again and build a stronger case.

If reconsideration applications are unsuccessful, does the applicant get any sort of refund? Just like with the initial application where I received a refund of £80 for the ceremony. I paid £372 for the reconsideration, will any part of that be refunded if it is unsuccessful?

Just curious!

[contorted_svy]

I don't believe so, but I don't have a direct source for this.