Unlawful refusal what next? any help to draft a reconsidera
Posted: Fri Jun 05, 2015 11:08 pm
I enter in the UK clandestinely on 05/01/2003,claim asylum on 06/01/2003 was on temporary admission follow asylum application since 2003, further submission for the same asylum application in 2011 and discretionary leave to remain for 3 years granted follow my first asylum application .In 2013 apply for settlement base on 10 years lawful long residence in the UK(follow the guidance How to consider temporary admission as lawful residence) application granted on 21/10/2013 and today see what I receive.
I refer to your application for naturalisation 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. The requirements are set out-on our website at www.gov.uk/becoming-a-British-citizen.
One of the requirements is that an applicant was not in breach of the immigration laws at any time during his 'qualifying period' of residence. Your application was received at the Home Office on 27 June 2014 and so the qualifying period is from 27 June 2014 to 28 June 2009.
As you were in the UK in breach of the immigration laws from 17 October 2003; (when all appeal rights were exhausted) to 21 October 2011 (granted discretionary leave to 20 October 2014), this requirement is not met.
The Home Secretary has to disregard a breach of the immigration laws for the purposes of an application for naturalisation. 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 (go to 'Policy and law' > 'Staff Guidance, instructions and country information' > 'Nationality instructions' > 'Volume_l' > 'Chapter 18' > 'Annex B' > paragraph 8.10).
You note to have been granted temporary admission from 05 January 2003 to 21 October 2011 as such you had leave which did not expire. However, this is not the case and discretion does not apply under Chapter 18 Annex B paragraph 8.7.
If an asylum claim was made while the applicant was in the UK illegally (for example, as an overstayer or following clandestine entry), the applicant will have been in the UK in breach of the immigration laws until such time s/he was finally granted leave to remain in the UK. In other words, such a person will have been 'in breach...' throughout the period his or her application (and any subsequent appeal) was being considered. This will have been the case irrespective of any temporary admission they may or may not have been given following detection.
A breach of immigration laws would not normally be disregarded in any circumstances other than those defined in the policy. As you do not come within the published criteria, nor is there reason to exercise discretion exceptionally outside these criteria, the application is refused.
If you still wish to become a British citizen, a fresh application for naturalisation must be made. An can be made at any time 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 21 October 2016 ( 5 years after the breach ended), is unlikely to be successful. I cannot say in advance of an application what the outcome will be as this will depend on the results of enquiries made at the time to ensure that the requirements are met.
In addition, before submitting a fresh application, you should ensure that you have fully complied with UK Immigration laws in the ten years prior to the date of application
As explained in our schedule of fees, the application fee 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 ceremony is not required.
I refer to your application for naturalisation 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. The requirements are set out-on our website at www.gov.uk/becoming-a-British-citizen.
One of the requirements is that an applicant was not in breach of the immigration laws at any time during his 'qualifying period' of residence. Your application was received at the Home Office on 27 June 2014 and so the qualifying period is from 27 June 2014 to 28 June 2009.
As you were in the UK in breach of the immigration laws from 17 October 2003; (when all appeal rights were exhausted) to 21 October 2011 (granted discretionary leave to 20 October 2014), this requirement is not met.
The Home Secretary has to disregard a breach of the immigration laws for the purposes of an application for naturalisation. 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 (go to 'Policy and law' > 'Staff Guidance, instructions and country information' > 'Nationality instructions' > 'Volume_l' > 'Chapter 18' > 'Annex B' > paragraph 8.10).
You note to have been granted temporary admission from 05 January 2003 to 21 October 2011 as such you had leave which did not expire. However, this is not the case and discretion does not apply under Chapter 18 Annex B paragraph 8.7.
If an asylum claim was made while the applicant was in the UK illegally (for example, as an overstayer or following clandestine entry), the applicant will have been in the UK in breach of the immigration laws until such time s/he was finally granted leave to remain in the UK. In other words, such a person will have been 'in breach...' throughout the period his or her application (and any subsequent appeal) was being considered. This will have been the case irrespective of any temporary admission they may or may not have been given following detection.
A breach of immigration laws would not normally be disregarded in any circumstances other than those defined in the policy. As you do not come within the published criteria, nor is there reason to exercise discretion exceptionally outside these criteria, the application is refused.
If you still wish to become a British citizen, a fresh application for naturalisation must be made. An can be made at any time 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 21 October 2016 ( 5 years after the breach ended), is unlikely to be successful. I cannot say in advance of an application what the outcome will be as this will depend on the results of enquiries made at the time to ensure that the requirements are met.
In addition, before submitting a fresh application, you should ensure that you have fully complied with UK Immigration laws in the ten years prior to the date of application
As explained in our schedule of fees, the application fee 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 ceremony is not required.