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British Citizenship has been refused

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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Danish1122
Newly Registered
Posts: 26
Joined: Wed Jun 10, 2020 4:48 pm
United Kingdom

British Citizenship has been refused

Post by Danish1122 » Fri Apr 12, 2024 4:00 pm

10 Years Spouse Visa Route -
ILR Approved 14th Aug 2023
Applied for Naturalisation 24th Jan 2024
Email Received: 12/04/2024 - You have not demonstrated that you meet the requirements for naturalisation and your application has been refused.

Reasons for decision
You have not been successful in your application for British Citizenship because you have not met the requirement to be free from immigration time restrictions for 12 months prior to the date of application.

You must have been in the UK, free from immigration time restrictions on how long you could stay in the UK, for 12 months prior to the date of your application.

Your application was received on 27th January 2024. As you were not granted Indefinite permission to enter/stay/settled status until 19th July 2023 you do not meet this requirement.

There are circumstances when this requirement can be disregarded. You can find out about these at:

https://www.gov.uk/government/publicati ... y-guidance

However, you do not meet any of these circumstances and, whilst I have considered whether there are any grounds to treat your application exceptionally, I have decided not to disregard this requirement in your case.
You can request a review of this decision using the form at https://www.gov.uk/government/publicati ... ed-form-nr


Question
I do understand their law about completing 12 months prior to filing naturalization application however i am spouse of British Citizen(my husband got his British passport 5 years back) so my understanding was i can apply for citizenship next day after getting ILR approved.

Could you please shed some light, i believe homeoffice has made a mistake and now i have to pay more for review and they have wasted alot of my time, i am really under stress.

Please Help.
Many Thanks

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contorted_svy
Respected Guru
Posts: 2040
Joined: Fri Aug 05, 2022 6:10 pm
Italy

Re: British Citizenship has been refused

Post by contorted_svy » Fri Apr 12, 2024 4:34 pm

You applied only 4 months after receiving ILR, so you didn't meet one of the requirements under section 6(1). Did you declare in your application you are married to a British citizen, and supply relative evidence? If so you can apply for reconsideration.
All advice comes from personal research and experience and should not be regarded as professional opinion.

abbott25
Newly Registered
Posts: 19
Joined: Wed Mar 22, 2023 7:19 am
Tanzania

Re: British Citizenship has been refused

Post by abbott25 » Mon Jun 24, 2024 5:20 am

There is no mistake there, you should have wait for 12 month as you had you indefinitely in late 2023 and by early 2024 you apply for citizenship, so the number are simple so for instance you had your indefinitely in January 2023 meaning January 2024 to send application regardless the status of your husband

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CR001
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Location: London
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South Africa

Re: British Citizenship has been refused

Post by CR001 » Mon Jun 24, 2024 6:24 am

abbott25 wrote:
Mon Jun 24, 2024 5:20 am
There is no mistake there, you should have wait for 12 month as you had you indefinitely in late 2023 and by early 2024 you apply for citizenship, so the number are simple so for instance you had your indefinitely in January 2023 meaning January 2024 to send application regardless the status of your husband
Your advice is wholly incorrect.

A spouse of a British citizen does NOT have to wait 12 months on ilr!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Posts: 11101
Joined: Thu Feb 21, 2013 9:29 pm

Re: British Citizenship has been refused

Post by secret.simon » Mon Jun 24, 2024 8:53 am

Danish1122 wrote:
Fri Apr 12, 2024 4:00 pm
I do understand their law about completing 12 months prior to filing naturalization application however i am spouse of British Citizen(my husband got his British passport 5 years back) so my understanding was i can apply for citizenship next day after getting ILR approved.
Did you
(a) indicate that your husband was a British citizen in the application, and,
(b) include your marriage certificate and your husband's naturalisation certificate in the application?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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