Not Satisfied from Document...not meet residency requirement

[Jarkson]

Hi,
i applied for British Citizenship Feb this year but got refused on May 4 on the basis that i did not meet the residency requirement...here are the exact words "...we can not be satisfied from the documents available that you meet the residency requirement and your application is refused"

1. I am married(since 2002) but separated
2. i have my Indefinite Leave since 2005
3. Have two University degrees
4. Passed my Life test in the UK
5. Self employed (have all my tax return till date)

After a month or so after my application, i requested for my documents back as i needed them for other things, i was sent a letter to send my passport back.....here are the exact words from the letter...

"Before we can proceed further please send all of the following documents
*Passport(s) or travel documents to cover the period from 20/06/2012 to 23/08/2013
if you do not hold passport or travel documents to cover this period you should provide alternative evidence of your residence in the UK

The alternatives that applied to me is Tax Returns..but i have my passport, so i sent it to them...so why would they refuse my application? I am confuse i need proper direction on what to do next

Thanks

[noajthan]

Hi,
i applied for British Citizenship Feb this year but got refused on May 4 on the basis that i did not meet the residency requirement...here are the exact words "...we can not be satisfied from the documents available that you meet the residency requirement and your application is refused"

...

After a month or so after my application, i requested for my documents back as i needed them for other things, i was sent a letter to send my passport back.....here are the exact words from the letter...

"Before we can proceed further please send all of the following documents
*Passport(s) or travel documents to cover the period from 20/06/2012 to 23/08/2013
if you do not hold passport or travel documents to cover this period you should provide alternative evidence of your residence in the UK

The alternatives that applied to me is Tax Returns..but i have my passport, so i sent it to them...so why would they refuse my application? I am confuse i need proper direction on what to do next

Thanks

If you applied in own right (rather than a spouse) you need to demonstrate residing in UK for past 5 years.
Also physical presence in UK 5 years to the day from date of application.
Also that any/all absences from UK were kept with limits (as per guidance).

Did you send the particular passport for the particular year that HO had questioned (2012-13)?
Did you send anything else to show presence in UK?

As a rule, in any dealings with HO for immigration matters, the more information & evidence you can provide the better.

[Jarkson]

Thanks for your prompt response

"Did you send passport for the particular year that HO had questioned?"
.....yes i did, i sent my passport, but i dont know how my passport would prove anything(the period 20/06/2012 to 23/08/2013)
Note: i havent been out of the country in the last 5 years

"Did you send anything else to show presence in UK?"
they ONLY requested for my passport, so i sent them that but if my passport wasnt enough proof...why didnt they request for more information, why just refuse my application

Please,what do i do next? i have my tax returns till date....can i go through the review process and send them those information...will that be ok and enough to approve my application...what are the chances that the review process will be successful? should i go through the legal route...which is the best way...i am confused now as it seem like HO cant be bothered, they would easily refuse an application for any minor information

[noajthan]

Thanks for your prompt response

"Did you send passport for the particular year that HO had questioned?"
.....yes i did, i sent my passport, but i dont know how my passport would prove anything(the period 20/06/2012 to 23/08/2013)
Note: i havent been out of the country in the last 5 years

"Did you send anything else to show presence in UK?"
they ONLY requested for my passport, so i sent them that but if my passport wasnt enough proof...why didnt they request for more information, why just refuse my application

Please,what do i do next? i have my tax returns till date....can i go through the review process and send them those information...will that be ok and enough to approve my application...what are the chances that the review process will be successful? should i go through the legal route...which is the best way...i am confused now as it seem like HO cant be bothered, they would easily refuse an application for any minor information

Most unfortunate.

HO tends to play hardball and does refuse for reasons such as these.
The caseworker will have been looking for passport entry/exit stamps as 'evidence' of 'residence' by a non-EEA national.

The AN guidance contains further examples of what could be provided. The letter should have been a trigger to provide ample information not the bare minimum.

You could have also shown residency with, for example:
official letters, tax & council tax documents, utility bills, medical letters, voter registration (maybe), driving licence as well as a bunch of documents from self-employment (contracts, invoices, bills & etc).

Can you think of any reason for the interest in the period 20/06/2012 to 23/08/2013
What were you doing around that time?

There is no appeal process for naturalisation.

The reconsideration process is primarily there to correct HO & caseworker administrative and procedural errors or mistakes.
In this case, HO will likely argue the obligation is on the applicant to furnish adequate supporting evidence for the application.

You can try reconsideration and may be lucky but if HO follow their rules they will be likely to re-confirm the initial refusal decision (as, they will say, it is based on the information supplied).

You can only argue the passports 'prove' you didn't leave UK (as no exit stamps).
And that your self-employed tax documents show residency as you were registered with HMRC and working in UK (if you were).
It may not be enough.

Good luck.

[Jarkson]

Thanks once again...i will just have to try...this time i will supply them with enough information like you have suggested, hopefully i might be lucky. In the case i am not, what else can i do, can i go to court?....cos it doesnt make sense to deny someone of something they are qualified for.

[noajthan]

Thanks once again...i will just have to try...this time i will supply them with enough information like you have suggested, hopefully i might be lucky. In the case i am not, what else can i do, can i go to court?....cos it doesnt make sense to deny someone of something they are qualified for.

Are you married to a British spouse?
If so, and not legally divorced, you could have applied under section 6(2) of BNA - for which 3 years residency in UK is required.

[Jarkson]

wow...thank you for the so much interest you have shown, yes i am married to a British Spouse and not legally divorced, i would have applied under this criteria but i never thought that residency requirement would be an issue since i have Indefinite Leave to Remain(since 2005)...what i dont understand is that, shouldnt Indefinite Leave to Remain be a superior requirement to continuous 5 years? As it is now, i have spent so much money on the application and i just want to see it to the end...i dont mind, i will go to court if i have to, i am not going to accept their decision that i do not meet the residency requirement when i know i meet the requirement, it's like someone telling me that my date of birth is wrong even though i have the evidence to prove it

[noajthan]

wow...thank you for the so much interest you have shown, yes i am married to a British Spouse and not legally divorced, i would have applied under this criteria but i never thought that residency requirement would be an issue since i have Indefinite Leave to Remain(since 2005)...what i dont understand is that, shouldnt Indefinite Leave to Remain be a superior requirement to continuous 5 years? As it is now, i have spent so much money on the application and i just want to see it to the end...i dont mind, i will go to court if i have to, i am not going to accept their decision that i do not meet the residency requirement when i know i meet the requirement, it's like someone telling me that my date of birth is wrong even though i have the evidence to prove it

Any court proceeding will be likely to cost big money.

A reconsideration may not go in your favour; it seems HO have applied their clear and published rules appropriately and have decided the case based on the information supplied.

ILR is not a golden ticket and, although one major requirement, it is not the only requirement for the privilege of citizenship.

Proof of residency in the past 5 (or 3) years is different from proof of freedom from immigration time restrictions (settled status) - which may have been obtained in a different time period.
You also have to show you have not lost ILR, for example, by a prolonged absence (as well as showing you have gained ILR).

This is because the legislation (regulations and requirements) for ILR and citizenship are different in each case.

Suggest your best bet is to apply under section 6(2) of BNA as a spouse (if still married).
You will need to submit at least a copy of spouse's passport.

Suggest read the requirements thoroughly:
https://www.gov.uk/government/uploads/s ... r_2015.pdf
- see section 1, (page 3+)

[Jarkson]

thanks...It's really frustrating that they dont have an appeal process, but i will try the reconsideration process, i will also go to my local MP and present the matter and if need be i will go to court and represent myself, it's a case i can prove, so i will give it my all.

[JohnDjib]

Hi i filled a NR form and send proof of employement and benefit claim since 2008 to now proof i have been given ilr in 2005.after 10 days the ukvi sent me a letter saying (disregard our previous letter that they said sorry your application has been refused due to not being satisfied with the document provided)and my application is still in consideration.and i was wandering why they not taking the 272 pound .so i m hoping they realised their mistake and they trying to correct it.im hoping for a good news i let you know guys.

[Jarkson]

Just an update...
i took my case to the Citizen Bureau for advice...they couldnt help and couldnt understand why i was declined..so they advise me to appeal the decision...i wasnt satisfied, so i contacted my local MP presenting ALL my evidence, and appealed at the same time just to be on the safe side as there is a time limitation to appeal....after the MP contacted them...it didnt take long...they sent me a letter of approval and sent my appeal back...they didnt even take the money....they couldnt even give a good reason why the application was refused in the first place....i went for my ceremony....went for my passport interview..and i have my passport now

My advice is this...if you are doing your application by yourself and not seeking legal advice on how to fill in the form....you need to be very careful...as the home office will look for any irrelevant shortcoming to refuse you...but if you must do it yourself...don't answer their questions or requests briefly..be extensive in everything...especially when they request for further information....in my case they specifically asked me to send my passport if i have one or send other documents to prove that i was in the country at certain time...i decided just to send my passport...but my passport doesnt prove anything...even though there was no stamps on it as i didnt leave the country...in an ideal world, if my passport have no stamps on it, it would mean that i didnt travel anywhere BUT in home office world, it doesnt really prove anything..so if you are asked to send passport or other documents to prove you were in the country....SEND passport and other documents together...DONT JUST SEND ONE even though they asked for one or the other....that way you are safe.

[noajthan]

Congratulations. An inspiring case and testament to your persistence.

Good to know it all worked out in the end.
A test of your British bulldog spirit, if you will.

A belt and braces approach certainly pays off in most cases by eliminating (as far as possible) any potential HO wriggle room.