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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2
Your application is filed & paid for and now in progress;twostars wrote:Hello,
I have just received a letter from Home Office regarding my naturalisation. I applied end of October 2014 and only got a this letter on the 8th of June.
Anyway - I stayed and worked in the country illegally between March 2003 and Feb 2009. I went back home in 2009 and got married to a British Citizen and was granted Leave from then.
They have said I need to answer the following questions in order for them to give this further consideration:
...
All in all - is it worth responding at all given my answers, it looks really bad and I don't have most of the requested supporting evidence (they need me to get back by the 29th of June) or should I just wait and re-apply in 2019?
Also the letter says if I have any difficulty providing any information to email or write to then ASAP - does anyone know the email?
twostars,twostars wrote:Thanks for that noajthan.
You are right - it's paid for. I will give it my best shot.
I don't see how human rights comes into effect for citizenship applications. British citizenship is a privilege not a right or entitlement and as OP already has ILR.noajthan wrote:You could also try your local Citizen's Advice Bureau or a migrants support group for advice & support.
This from CAB on human rights:
https://www.citizensadvice.org.uk/law-a ... mily-life/
She still has her right to a private life and a family life based on what she has vested in the UK to date, that's how.CR001 wrote:I don't see how human rights comes into effect for citizenship applications. British citizenship is a privilege not a right or entitlement and as OP already has ILR.noajthan wrote:You could also try your local Citizen's Advice Bureau or a migrants support group for advice & support.
This from CAB on human rights:
https://www.citizensadvice.org.uk/law-a ... mily-life/
A person is either in the UK with a valid appropriate visa, abiding by the immigration rules or they are not and are frustrating the immigration rules, particularly working when they are not permitted to. There is nothing to convince HO of when applying for citizenship, it is a privilege, not an entitlement or a right and a person either complied during their stay or they did not and HO has the right to refuse a citizenship application if it sees fit to do so.convince the HO how important naturalisation is
Topics merged.twostars wrote:I wrote earlier asking for advise for my application below:
http://www.immigrationboards.com/britis ... 88303.html
------------------------------------------------------------------------------------------------------------------------------------twostars wrote:Hi I wondered if you could help.
I wrote earlier asking for advise for my application below:
http://www.immigrationboards.com/britis ... 88303.html
So my application was refused.
I wrote about my life - how I have been a good citizen since my issues years ago, how I wouldn't want to be separated from my family as immigration rules are constantly changing but I guess it didn't help. I listed everything I had hoped would prove that I was of good character outside of working illegally to survive for a period of time.
My only other question is I handed in my naturalisation application end of October last year, before the new rules applied.
Had I known about the new rules, I would have waited until I was eligible to apply again.
Can I appeal on this basis? Has anyone else experienced this?
There is no Judicial Review option for Citizenship refusals. There is only an option to ask for reconsideration which costs £80.Gloriaa wrote:Sadly, there is no right of appeal for naturalisation applicants. However, you can apply for judicial review, but this process is expensive, long and costly.
Thanks moderator.CR001 wrote:There is no Judicial Review option for Citizenship refusals. There is only an option to ask for reconsideration which costs £80.Gloriaa wrote:Sadly, there is no right of appeal for naturalisation applicants. However, you can apply for judicial review, but this process is expensive, long and costly.
This can't be right. All decisions by civil servants can be subject to review, that's the point. Google turns up a number of results, including this one from 2012, which states:CR001 wrote: There is no Judicial Review option for Citizenship refusals. There is only an option to ask for reconsideration which costs £80.
The court is able to more strictly define the requirements and order cases to be redecided, not to grant citizenship though.There were more than 40 cases before the Administrative Court in which claimants were seeking judicial review of the decisions of the defendant secretary of state refusing to grant them naturalisation as British citizens under section 6 of the British Nationality Act 1981.
Not that I think the OP has any chance with a JR, just they can bring one if they chose to.Accordingly, the Court quashed the SSHD’s decision and afforded Mr Thamby an opportunity to make representations in relation to his good character and address the issues which were raised by the Home Department in relation to his application for naturalisation.
I wonder if he was ultimately granted citizenship though?For the reasons I have set out above, I have concluded that the decision-making process was legally flawed, and that the Defendant should re-consider her decision, in accordance with the law.
AFAIK he's still not a BC....t123456789 wrote:There was a widely reported case concerning a Botswana national who was refused due to the good character requirement (court speeding offence). He eventually won his judicial review, but only for a re-consideration.
I wonder if he was ultimately granted citizenship though?For the reasons I have set out above, I have concluded that the decision-making process was legally flawed, and that the Defendant should re-consider her decision, in accordance with the law.