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Naturalisation Refusal

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

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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Checkmate101
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Naturalisation Refusal

Post by Checkmate101 » Thu Sep 22, 2016 1:09 pm

I Gurus I am wondering if I can get
Some advise on my naturalisation refusal case please. I have had my application of naturalisation submitted on 4th of July 2016 and only recently on 17th of September I recieved a letter from Naturalisation Servise that my application was refused on the bases of qualifying period. I obtained my indefinite Leave to remain in May 2015 after 10 years residency during my 10 year residencey my visa was once curtailed because the college I was studying at got Delisted. They have mentioned in the latter that my qualifying periods starts from 5 July 2011 to 4 july 2016 I don't understand this ???? I have been in this country since 2004 why wasn't the qualifying period counted from 2004 ?? And they've also mentioned in the refusal letter that any application made befor 30th may 2020 is like to be unsuccessful too. Can someone please help and if I apply for the reconsideration are there any chances and how many days is it after I can apply the reconsideration any time limit for that ? Thanks

Noetic
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Re: Naturalisation Refusal

Post by Noetic » Thu Sep 22, 2016 1:29 pm

Qualifying period for naturalisation is the five years leading up to your application. (Unless you are married to a British citizen then it is 3 years)

Without seeing the exact wording of the refusal it'll be difficult for people to understand what may be going on.

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CR001
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Re: Naturalisation Refusal

Post by CR001 » Thu Sep 22, 2016 3:17 pm

They have mentioned in the latter that my qualifying periods starts from 5 July 2011 to 4 july 2016
Is there anything significant about the date in July 2011? Were you physically in the UK, or maybe away on holiday etc.? Did you have a valid visa at this time?
Char (CR001 not Casa)
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Checkmate101
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Re: Naturalisation Refusal

Post by Checkmate101 » Fri Sep 23, 2016 11:58 am

@Nowtic can I upload a pic of my refusal letter here or I can send you an email if it's okay with you.
@Char I don't see anything significant with the dates in 2011. I have had visa as I was legally in UK the only time I was out of UK was back in 2008 that

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Re: Naturalisation Refusal

Post by CR001 » Fri Sep 23, 2016 12:33 pm

Checkmate101 wrote:@Nowtic can I upload a pic of my refusal letter here or I can send you an email if it's okay with you.
Suggest type out the refusal text (without any personal info).
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Re: Naturalisation Refusal

Post by Noetic » Fri Sep 23, 2016 3:31 pm

I agree typing out the wording with names and addresses omitted seems best.

Were you out of the country 5 years before your application? Although the last time someone here reported missing this requirement HO did notify and return payment, asking them to re-apply a bit later.

Checkmate101
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Re: Naturalisation Refusal

Post by Checkmate101 » Sun Sep 25, 2016 12:26 pm

@Noetic and CR001 thanks a lot guys for your replies here i am typing out the original text of the letter.
I refer to your application for naturalization as a british citizen under section 6(1) of the british nationality act 1981 An applicant under this provision is expected to meet certain residential requirements, One of the requirements is that an applicant was not in breach of the immigration laws at any time during your ''qualifying period'' of residence from 05th of july 2011 to 04th of july 2016.
As you were in the UK in breach of the immigration laws from 04th of April 2014 when your leave was curtailed to 30th May 2015 (When you were granted Settlement) this requirement was not met.
the home secretary has discretion to disregard a beach of immgiration aw for the purpose of an application for naturalization. To ensure the discretion is applied rationally and consistently an established policy is followed this policy is published in the nationality staff instructions on our website. Policy and law > staff guidance, instructions > volume 1 > chapter 18 > Annex B > paragraph 8.10)
A breach of Immigration laws would not normally be disregarded in any circumistances other than to exercise discretion exceptionally outside the criteria, the application is refused.
if you still wish to become a british citizen a fresh application for naturalisation must be made.
An application can be made at anytime but you are advised to ensure as far as possible that the residence and other requirements are met before doing so. In this respect I should point out that an application made before 30th may 2020 is unlikely to be successful. I cannot say in advance of an application what the outcome will be as this will depend upon all your enquiries taken at the time to ensure that the requirements are met.
As explained in out schedule of fees the appication for british citizenship is not refundable and has been retained to cover the cost of handling and processing your application. Arrangements are being made to return the sum of £80.00 which is refunded in the case of an unsuccessful application where a citizen ceremony is not required.
If you believe the decision to refuse your application was not soundly based on nationality law policy or our procedures and you wish it to be reconsidered , you must complete for NR and pay a Fee.
Note:- I have been in Britain since 2004 and I have never been outside Britain for more then a month or so and I have always had legal stay. However back in February 2014 my visa was curtailed because my sponsor license for the college i was in was cancelled. I wasn't notified by the college at all about anything and we were kept in dark by the management while they ran away with all the fees that we had paid to the college.
After I received a leave curtailed letter from HO i reapplied my student visa in april 2014 and since i only had a few months until dec. 2014 for my legal time period to be completed in UK to apply my ILR which was subsequently accepted in MAY 2015. Just after the completion of 1 year in May 2016 I applied my Naturalisation in July 2016. Please tell me can i fight the case , can i ask for the refund however it says in the letter that they do not refund the fees. One of my friends told me their case was refused and their money was refunded. P.S can reconsideration of the case Help :? May 2020 seems to far and i want to travel :(

Checkmate101
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Naturalisation Refusal on qualifying period

Post by Checkmate101 » Mon Sep 26, 2016 2:54 pm

Hi Gurus , I wonder if anyone can help me regarding my refusal of naturalisation. I applied in July and got the refusal last week. Any advise will be helpful. The text of the refusal letter is as follows:-
I refer to your application for naturalization as a british citizen under section 6(1) of the british nationality act 1981 An applicant under this provision is expected to meet certain residential requirements, One of the requirements is that an applicant was not in breach of the immigration laws at any time during your ''qualifying period'' of residence from 05th of july 2011 to 04th of july 2016.
As you were in the UK in breach of the immigration laws from 04th of April 2014 when your leave was curtailed to 30th May 2015 (When you were granted Settlement) this requirement was not met.
the home secretary has discretion to disregard a beach of immgiration aw for the purpose of an application for naturalization. To ensure the discretion is applied rationally and consistently an established policy is followed this policy is published in the nationality staff instructions on our website. Policy and law > staff guidance, instructions > volume 1 > chapter 18 > Annex B > paragraph 8.10)
A breach of Immigration laws would not normally be disregarded in any circumistances other than to exercise discretion exceptionally outside the criteria, the application is refused.
if you still wish to become a british citizen a fresh application for naturalisation must be made.
An application can be made at anytime but you are advised to ensure as far as possible that the residence and other requirements are met before doing so. In this respect I should point out that an application made before 30th may 2020 is unlikely to be successful. I cannot say in advance of an application what the outcome will be as this will depend upon all your enquiries taken at the time to ensure that the requirements are met.
As explained in out schedule of fees the appication for british citizenship is not refundable and has been retained to cover the cost of handling and processing your application. Arrangements are being made to return the sum of £80.00 which is refunded in the case of an unsuccessful application where a citizen ceremony is not required.
If you believe the decision to refuse your application was not soundly based on nationality law policy or our procedures and you wish it to be reconsidered , you must complete for NR and pay a Fee.
I had got my ILR last year May 2015 after 10 year residency. During my 10 year I have only been outside country once and I have always had legal stay in Britain. However I have my visa Curtailed once due to my College Sponcers licence cancellation back in Feburary 2014 and I was given time until April 2014 to make a fresh application. A student application was then filed in April 2014 which was refused in May 2014 afterwards I appealed the Decision which took until Dec. 2014 where my legal 10 year stay was completed in Britain and I applied for my ILR which was subsequently given to me in May 2015.

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Re: Naturalisation Refusal

Post by noajthan » Mon Sep 26, 2016 2:55 pm

Posts merged.
No need for multiple posts
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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