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Pre Action Protocol Letter

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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Kyiyah0013
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Posts: 18
Joined: Thu Apr 20, 2017 4:44 am

Pre Action Protocol Letter

Post by Kyiyah0013 » Wed Jul 31, 2019 6:13 pm

Kyiyah0013 wrote:
Sun Mar 31, 2019 10:54 am
Hello Everybody,

I really need help and advise please.

My application for British Citizenship has been rejected by the Home Office for the Good Character, The HO stated that :

1. I came to the Uk illegally ( but its not True as i came with a student visa )
2. That i delayed to apply for Asylum ( i applied 8 months after arriving to UK as i did not not about this possibility and i was not well, when i applied for asylum my student visa was still valid and not expired)

When my application for asylum was granted 7 years ago, the judge cleared out those two points and the home office never said anything about.

My question is :
Did anyone in similar situation had a successful reconsideration.
If i apply for reconsideration, is it better to use a solicitor or i just do it myself.

Please advise me as i am lost right now.
Dear All,

I need help and advise following a letter i received from the home office.

After my application for Naturalization and the reconsideration were refused, my solicitor wrote a PAP Letter to the litigation team for a JR, the home office has responded as follow:

The secretary of state has reviewed the decision dated 13 June 2019 and will now proceed to reconsider the matter in the light of the evidence and representations your client made. We aim to contact your client within Three months of the date of this letter regarding the outcome of this reconsideration.

The solicitor Advised me to allow them 3 months, but the problem is if the outcome is the same ( refusal ) then the time limit for the JR will be over 3 months and the court may refuse my JR application.

Any advice or feedback will be appreciated.

Cheers
Khan.

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zimba
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Posts: 20856
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
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United Kingdom

Re: Pre Action Protocol Letter

Post by zimba » Wed Jul 31, 2019 7:22 pm

Application for naturalisation is NOT an immigration application and grant of citizenship is purely at the discretion of the secretary of the state and not a legal right. HO can refuse your application lawfully for whatever reason. Therefore the HO actions are not unlawful as you have no legal entitlement to British citizenship. Pursuing a JR against HO in this instance is baseless and has no legal standing but it seems your solicitor wants to empty your pocket. The major issue here is that why HO claims you entered illegally when you claim you had a visa ? Why would they make such claim if they have no evidence of it ? Also asylum claims must be made as soon as you arrive in the UK rather than months after arrival as this may suggest your claim is not genuine.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

drwright
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Posts: 6
Joined: Sat Nov 28, 2015 1:01 am

Re: Pre Action Protocol Letter

Post by drwright » Sun Aug 11, 2019 9:55 pm

damn your reply gave me goose pimples :x :x :x :x :x

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