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Time limit for Application to Reconsider a refusal decision?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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bob123xyz
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Time limit for Application to Reconsider a refusal decision?

Post by bob123xyz » Wed May 22, 2013 2:09 am

Hi All,
Any one know if there is any time limit for sending the Form NR - Reconsider a decision of Refusal - from date the refusal letter came?

Thanks

LEGAL SOLUTION
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Re: re your application

Post by LEGAL SOLUTION » Wed May 22, 2013 1:12 pm

as soon as possible. what is reason of refusal and why not appeal

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Re: re your application

Post by Amber » Wed May 22, 2013 1:15 pm

LEGAL SOLUTION wrote:as soon as possible. what is reason of refusal and why not appeal
You can't appeal naturalisation decisions!
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bob123xyz
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Post by bob123xyz » Wed May 22, 2013 1:44 pm

Thank you. So do you think there is no set standard timelimit?

Would a 6 week delay reasonable? Any one please?

(Mn1 section 3(1) child not settled is the 1st reason. But child is Irish, so from what I came to know from others here, child is automatically settled as being Irish. 2nd reason mother not settled. But mother lived here for 6yrs on different category visa/permits)

Any one with reconsider application experience, can you please let me know how long it took and was it successful?

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Post by Amber » Wed May 22, 2013 1:46 pm

bob123xyz wrote:Thank you. So do you think there is no set standard timelimit?

Would a 6 week delay reasonable? Any one please?

(Mn1 section 3(1) child not settled is the 1st reason. But child is Irish, so from what I came to know from others here, child is automatically settled as being Irish. 2nd reason mother not settled. But mother lived here for 6yrs on different category visa/permits)

Any one with reconsider application experience, can you please let me know how long it took and was it successful?
There is no time limit per se but you must have some sort of reason to dispute the rejection. Remember:
UKBA wrote:
Applications for registration will be considered at our discretion under section 3(1) of the British Nationality Act 1981. When deciding whether to register a child as a British citizen we will consider:

the child's connection with the United Kingdom; and
where the child's future is likely to lie; and
the parents' views; and
the parents' nationality; and
whether the child is of good character; and
the length of time the child has lived in the United Kingdom; and
any compelling circumstances such as a job offer or other opportunity which requires British citizenship.

There are no formal requirements that the child needs to meet. We will consider the individual circumstances of each application. When you make the application you should make sure you provide us with all the information you think is relevant to the child's case.
Go through each point the HO consider and put your argument forward as to why you think the child should be registered. As it is discretionary the HO are allowed to reject the case for reasons they see fit. You would more than likely stand a much greater chance once the parent(s) are British. The mother is not settled because she does not have permanent residency (I assume) or indefinite leave to remain.
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cobra
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Re: Time limit for Application to Reconsider a refusal decis

Post by cobra » Wed May 22, 2013 5:50 pm

I had a similar problem in 2011. My wife and my daughter(irish citizen) application was refused because either the mother or father was british citizen. we consulted the solicitor who submitted the NR application on behalf of my wife. Fanally my wife and my daughter were granted citizenship.

For your child application since you are not british, the MN1 application will be cosidered just like any other cases. Therefore there is no special traitment for Irish citizen when it came to British citizenship application.

Jambo
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Post by Jambo » Wed May 22, 2013 6:03 pm

As you rightly stated, as an Irish he enjoys from almost the same rights as a British citizen. Ask yourself why would it be the child's best interest to (also) become British even if it is not clear whether his parents would stay in the UK and with that answer convince the HO to apply discretion.

babe_khyber
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re MN1 REGISTRATION BC

Post by babe_khyber » Thu May 23, 2013 11:11 pm

Jambo wrote:As you rightly stated, as an Irish he enjoys from almost the same rights as a British citizen. Ask yourself why would it be the child's best interest to (also) become British even if it is not clear whether his parents would stay in the UK and with that answer convince the HO to apply discretion.
I would like to share some experience in the past month. I am and my wife has settled status in the uk we came in 2006 with two childs after that one of my child bone here in 2008 in march we had applied for my children all of them MN1 section 1.3 and 3.1 but the home office allowed just one who is bone here the other two is refused because it is not clear this is the child best intrust. H.O said next year they will be eligible for registration as British. I think this information is helpful for you.
best wishes
babe khyber

bob123xyz
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Post by bob123xyz » Tue Aug 27, 2013 10:38 pm

Hi All,
Just to update everyone on my childrens applications.

I have sent the Reconsideration Form-NR, in the middle of june, nearly 7 weeks after receiving the refusal.

Although I heard reconsider applications should only take few weeks, I have only got the response from them last week. That is they took nearly 10 weeks (I have sent them an email every week to follow up. Initially I got responses saying application being retrieved from storage or it is with senior case worker, but after couple, they seems to have stopped responding to my emails)

Finally after all the wait, it is good news. They have agreed with the points I explained and applications are successful. (It looked the caseworker who originally rejected probably did not know about the CTA and Irish settlement agreement.)

Once again, thank you everyone here helping out each other. I owe a lot to this forum.

ayadraghib
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Re: Time limit for NR Reconsider decision?

Post by ayadraghib » Wed Oct 11, 2017 12:12 pm

what is the Time limit for NR Reconsider decision?

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CR001
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Re: Time limit for NR Reconsider decision?

Post by CR001 » Wed Oct 11, 2017 12:16 pm

ayadraghib wrote:
Wed Oct 11, 2017 12:12 pm
what is the Time limit for NR Reconsider decision?
This topic is more than 4 years old. Kindly refrain from digging up old threads.

There is no timeline for reconsiderations, HO can take as long as they need to.
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