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Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix
Breach of immigration regulations will result in a 10-year ban on naturalising as you have not met the good character requirement.bleach wrote:Hello all, I am hoping someone can help me here as I am at a loss.
I applied for Naturalisation in Jan 16 and got a refusal letter today stating
"You have confirmed on page 10 of you're (as written in the letter) an form that you were employed at XXXXX from 01.07.06 to 30.04.09. As you have declared information which is clearly shows that you were working here without permission and you cannot there satisfy the criteria at Chapter 18, Annex D, Paragraph 9.7c of the Nationality Instructions. Your application is therefore been refused"
In summary I got married in 2008, 5year residency gained in 2008 and permanent residency gained in 2013.
I would appreciate any help.
Thank you
Um, what? WRS only applied to certain countries that joined the EU in 2004, not all EU countries.jaweb wrote:Hi,
Which nationality do you hold? Are you from any EU country? If yes then you needed to register with HO for WRS
Thats why I asked which nationality he holds...Noetic wrote:Um, what? WRS only applied to certain countries that joined the EU in 2004, not all EU countries.jaweb wrote:Hi,
Which nationality do you hold? Are you from any EU country? If yes then you needed to register with HO for WRS
My comments relates to you claim that being from "any EU country" means WRS is a requirement.jaweb wrote:
Thats why I asked which nationality he holds...
If you married an EEA citizen/sponsor in 2008 its a little unclear why a period up to 2009 is deemed to have included illegal working.bleach wrote:I am a 33yr old Angolan. The time the HO refer to as working illegally, I was still under an outstanding family application at the time. Although I was 22/23 in 2006, I was still named in a family application and it was later in 07/08 that I removed my name from the family application as I applied to be allowed to be married and then applied for residency as a spouse of EU national.
Unfortunately things did not work out with the relationship and I decree nisi was received in 2015.
Not sure if this has any bearing but I did pay adequate tax and national insurance during all my time in employment.
I would be grateful if anyone thinks/could provide me with information on whether an appeal is advisable and if so, on what grounds?
I thank you in advance of your effort and taking time to read and/or reply.
bleach wrote:Hello all, I am hoping someone can help me here as I am at a loss.
I applied for Naturalisation in Jan 16 and got a refusal letter today stating
"You have confirmed on page 10 of you're (as written in the letter) an form that you were employed at XXXXX from 01.07.06 to 30.04.09. As you have declared information which is clearly shows that you were working here without permission and you cannot there satisfy the criteria at Chapter 18, Annex D, Paragraph 9.7c of the Nationality Instructions. Your application is therefore been refused"
In summary I got married in 2008, 5year residency gained in 2008 and permanent residency gained in 2013.
I would appreciate any help.
Thank you
I could be wrong but it sounded to me like HO were referring to a specific employment / employer that OP worked for from 2006-2009 which includes a period before the marriage which would have been illegal. Rather than the whole period 2006-9 being illegal.noajthan wrote: If you married an EEA citizen/sponsor in 2008 its a little unclear why a period up to 2009 is deemed to have included illegal working.
Not true. All moderators and most other people like secret.simon and many others do offer a lot a useful advice to many people. I've seen many people here being given decent advice. There was a lady whose husband, now naturalised as a BC, had left her, and the lady didn't have the estranged husband's passport copy to support her own naturalisation application. A lot of people and moderators, especially noajthan, Casa, and CR001, advised this lady and she successfully got BC. Secret.simon usually writes long paragraphs of well-researched and well-thought responses to questions and problems from OPs, it is unfair for us to then turn and say "there's no decent advice here". There is a lot of decent advice here, but where an individual has fallen short of the rules, don't expect people to sugarcoat things.maxflip50 wrote:bleach wrote: dear friend, as i can see you are newly registered, do not expect any decent advise from here as many do not know what are they talking about (they tell you the problem, not the solution), i am telling you from my experince
You could be wrong. The OP has provided scant information.Noetic wrote:I could be wrong but it sounded to me like HO were referring to a specific employment / employer that OP worked for from 2006-2009 which includes a period before the marriage which would have been illegal. Rather than the whole period 2006-9 being illegal.noajthan wrote: If you married an EEA citizen/sponsor in 2008 its a little unclear why a period up to 2009 is deemed to have included illegal working.
bleach wrote:You have confirmed on page 10 of you're (as written in the letter) an form that you were employed at XXXXX from 01.07.06 to 30.04.09.
I agree with Noetic's assessment. The refusal letter refers to the specific employment, part of which it alleges is illegal.Noetic wrote:I could be wrong but it sounded to me like HO were referring to a specific employment / employer that OP worked for from 2006-2009 which includes a period before the marriage which would have been illegal. Rather than the whole period 2006-9 being illegal.
What kind of family application was it? Was it an asylum/refugee application? Was it an application under the Points Based System? Was it an application under the EEA Regulations? Could you be a bit more specific about the application that you had applied under?bleach wrote:I am a 33yr old Angolan. The time the HO refer to as working illegally, I was still under an outstanding family application at the time. Although I was 22/23 in 2006, I was still named in a family application and it was later in 07/08 that I removed my name from the family application as I applied to be allowed to be married and then applied for residency as a spouse of EU national.
Thank you, ScopeD, for the endorsement. The way I perceive the function of this forum, it is to advise the person dispassionately and unemotionally, the same way a Home Office caseworker would assess the case. We endevour to guide him/her on the basis of the facts disclosed and the rules/laws/regulations that apply, just as a case worker would. I think that helps most people who access these forums. I am sure that people in the local community would be better placed to provide the tea and sympathy.ScopeD wrote:where an individual has fallen short of the rules, don't expect people to sugarcoat things.
bleach wrote:As far as I was aware at the time, my parents (one british one African) were exercising treaty rights at the time having married in another EU country and then moved to the Uk and had completed a family application with the home office.
Did your British parent acquire British citizenship after your birth? Or why did you not inherit it?bleach wrote: I was still under an outstanding family application at the time. Although I was 22/23 in 2006, I was still named in a family application and it was later in 07/08 that I removed my name from the family application as I applied to be allowed to be married and then applied for residency as a spouse of EU national.
What does this mean?bleach wrote:Thanks for all your reply thus far.
As far as I was aware at the time, my parents (one british one African) were exercising treaty rights at the time having married in another EU country and then moved to the Uk and had completed a family application with the home office.
Can I check that, even though I was on an application at the time (and over 18yrs old) didn't make my working legal? And the fact that I my parents where exercising treaty rights would made no difference since again I was not a minor??
I guess answers to these two questions would form the basis of any potential challenge of the decision.
I've erred in this interpretation of EU law.secret.simon wrote:Under EU law, you are a direct family member if you are a dependent child till the age of 21. That means that your rights flow automatically from your status, not from any paperwork.
But after the age of 21, you become an Extended Family Member and explicit acknowledgement from the Home Office, typically in the form of a Residence Card, is required before you can work. Having your application with the Home Office does not give you the right to work. It is only at the end when you have been issued a Residence Card that you would have the right to work.