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When can I re-apply for naturalisation?

Posted: Fri May 04, 2018 5:18 pm
by ibibio
Hello,

I made an application for naturalisation on the 21st of December, 2017 after completing over a year on indefinite leave to remain. It was however refused based on the good character requirement because I was in the UK without leave to remain between 21 December 2007 ten years prior to the date of application to August 2009 when I was granted indefinite.

Here's the background...
I came to the UK as a minor in 2004 (visiting visa) and applied for asylum which was handled by my guardian. We didn't hear back from the home office for a long time and we got a solicitor involved who chased them up on the application. My asylum application was refused and I was granted discretionary leave to remain in August 2009. Is it worth pursuing an appeal?

It stated in the letter that a questionnaire was sent to me (I did not receive the questionnaire) and because they didn't heard back from me, they've had to refuse my application.

I've read on other threads that you have to wait another 10 years from the date of refusal. There's nothing like this in my refusal letter. Does this mean I'll qualify to reapply in August 2019?

Re: When can I re-apply for naturalisation?

Posted: Sat May 05, 2018 12:38 am
by cyclina1
can you please just quote what the refusal letter said?

Re: When can I re-apply for naturalisation?

Posted: Sat May 05, 2018 1:34 am
by vinny
How long after your arrival did you apply for asylum?

Re: When can I re-apply for naturalisation?

Posted: Sat May 05, 2018 9:12 am
by ibibio
cyclina1 wrote:
Sat May 05, 2018 12:38 am
can you please just quote what the refusal letter said?
I'm away for the weekend and don't have the letter with me. I'll send it once I get back home

Re: When can I re-apply for naturalisation?

Posted: Sat May 05, 2018 9:13 am
by ibibio
vinny wrote:
Sat May 05, 2018 1:34 am
How long after your arrival did you apply for asylum?
A few days after, before my visiting visa expired

Re: When can I re-apply for naturalisation?

Posted: Tue May 08, 2018 12:37 pm
by ibibio
cyclina1 wrote:
Sat May 05, 2018 12:38 am
can you please just quote what the refusal letter said?

Your application was refused for the following reason(s):

We wrote to you on 1 March 2018 requesting the following documents in support of your application for British citizenship:

According to our records, you were in the UK without leave to remain under the immigration laws between 11 December 2007, ten years prior to your date of application to 1 August 2009, where you were granted discretionary leave. It would therefore appear that you were not compliant with UK immigration laws during this period and may not meet the good character requirement for naturalisation. In order that we may give further consideration to your application, we requested a questionnaire and the appropriate evidence.

We do not appear to have received a reply to our request and we have therefore decided the application on the documents available. As we cannot be satisfied from these documents that you meet the good character requirement, your application is refused.

It went on to talk about the fees not being refundable etc. I did not receive the questionnaire stated in the letter.

Re: When can I re-apply for naturalisation?

Posted: Tue May 08, 2018 4:27 pm
by cyclina1
ibibio wrote:
Tue May 08, 2018 12:37 pm
cyclina1 wrote:
Sat May 05, 2018 12:38 am
can you please just quote what the refusal letter said?

Your application was refused for the following reason(s):

We wrote to you on 1 March 2018 requesting the following documents in support of your application for British citizenship:

According to our records, you were in the UK without leave to remain under the immigration laws between 11 December 2007, ten years prior to your date of application to 1 August 2009, where you were granted discretionary leave. It would therefore appear that you were not compliant with UK immigration laws during this period and may not meet the good character requirement for naturalisation. In order that we may give further consideration to your application, we requested a questionnaire and the appropriate evidence.

We do not appear to have received a reply to our request and we have therefore decided the application on the documents available. As we cannot be satisfied from these documents that you meet the good character requirement, your application is refused.

It went on to talk about the fees not being refundable etc. I did not receive the questionnaire stated in the letter.
I think you should write to them that you never receive any questionnaire as requested. The HO always use 2nd class only and when it missed, impossible to track. This is very unfair to the applicant as essential communication like this can be just missed. And especially you have paid a huge sum for application, unlike 15 years ago, which is free of charge!

Anyway, based on the reason of refusal, you likely can apply again 10 years from 1 August 2009, if you don't have any other issue.