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British Nationality -Refused on Good Character

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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Jack121
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Posts: 3
Joined: Mon Mar 06, 2017 10:43 pm

British Nationality -Refused on Good Character

Post by Jack121 » Mon Mar 13, 2017 11:56 pm

Hi all and thank you for reading my post.
I have been dig around here for my similar case but I have not been lucky. Please see below my route.

Entry in UK illegally on 05/06/2002 and claimed asylum same day at 16 of age.
To cut long story to short.

2002 - First interview failed
2003-Grant Exceptional leave to remain for over 8 months
2004 -Case brought to the court Appeal- refused.
2005- brought to Tribunal Appeal - Dismissed ( Exhausted all Right appeals)
2007- Case Resolution Directorate - Nothing from Home Office.
2009- Received other form to complete regarding old - then nothing.
July 2009- Married to EU Citizens
March 2010- Grant Five Years (Residency Card)
Jan 2015- Grant Permanent Residency Card
Feb 2016- applied Nationality
May 2016 Received letter to provide more information and also completed residency questionnaire. The letter read:
"According to our records, you were in the UK without leave to remain under the immigration Laws between 05/06/2002 when you entered the UK illegally and March 2010 when you were granted leave to remain. It would therefore appear that you were not complaint with UK immigration Laws during this period and may not meet the good character requirement for naturalisation"

I completed the form and send to them with no evidence; as I did not have any support documents to send with it.

Few weeks later, I received the refusal letter saying that they cannot be satisfied from the documents provided with NR form to complete if I wish it to be reconsidered and pay a fee of £272.

After seeking advise with legal aid service, I was advised to get my immigration record through Subject Access which I have now received after 5 months wait. They also advised to through the files and send them with all supporting document steps I took with explanation letter before residency card.

I am hopping to change Amber's letter which can be found below link but I don't know how to do it. http://www.immigrationboards.com/post1170948.html#p1170948
Can someone please help me to write a letter as Amber's letter to my case?

Do I have any chance of success with NR?

Any help will be much appreciated

Thank you

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: British Nationality -Refused on Good Character

Post by vinny » Tue Mar 14, 2017 12:14 am

A problem is that they didn't believe your asylum claims.

They subsequently confirmed your PR under different circumstances, based on the EEA regulations.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

babe_khyber
Member of Standing
Posts: 382
Joined: Sat Nov 03, 2012 4:41 pm
Location: ENGLAND UK
United Kingdom

Re: British Nationality -Refused on Good Character

Post by babe_khyber » Tue Mar 14, 2017 12:59 pm

Hi,
How long you were waited after Reconsideration application? There is no time scale for reconsideration application but you can chase through MP or Solicitor. Did you received any letter confirming from the home office to reopen the case or not?

Mine case is slightly different than you.
Came UK illegally and claimed asylum in 2006.
Granted refugee status after won the appeal in 2007.
Applied Settlement in August 2012.
Granted ILR Settlement status in Feb 2013.
Applied Naturalisation application + MN1 Registration for 2 child. The 3rd one already British citizen.
Then the home office delayed decision due to any possible war crime involvement. Even several times tried to inquire the progress but unfortunately the home office says there is still ongoing investigation against your involvement.
When we conduct the investigation then will be in possession of decision. Anyway in December 2014 the home office sent letter to my MP and confirmed any investigation against my involvement has been completed and confirmed didn't revealed any cause of concerned about my character and file allocated to caseworker. After Few month later I received refusal letter with 10 year banned due to deception which is I didn't act of my application. However I submitted reconsideration application in June last year (2016) in February 2017 my MP received letter from the home office and Confirmed that we have investigated and reopened this case Should to give you fresh consideration and will be inform you when the decision has been made Thank you.
I am still waiting for decision no news yet.
But for you I hope you will be pressed good luck.
Best wishes.
Babe khyber.

Jack121
Newly Registered
Posts: 3
Joined: Mon Mar 06, 2017 10:43 pm

Re: British Nationality -Refused on Good Character

Post by Jack121 » Tue Mar 14, 2017 9:16 pm

Hi Vinny,

Thank you for your reply and probably they could have and now need to prove to them. Strangely, all my immigration documents are from them.

Is there any chance you can help write a letter, so I can add it to my NR form?

Thank you so much for your help.

"babe_khyber"- I have not applied yet, currently in process. My case and yours are not the same. Good luck

reda
Member of Standing
Posts: 275
Joined: Sun May 03, 2009 1:34 pm
Location: United Kingdom

Re: British Nationality -Refused on Good Character

Post by reda » Wed Mar 15, 2017 12:04 pm

According to our records, you were in the UK without leave to remain under the immigration Laws between 05/06/2002 when you entered the UK illegally and March 2010
how come they consider him illegal all that period (2002 to March 2010) when it should be from his entry to uk 2002 till he got married July 2009 to EU Citizens or at least 5 years before he secure PR (Jan 2010)
i am asking because i'm on the same situation as i been illegal before married to EU Citizen and receive first resident card on sept 2007 then on juin 2012 Grant Permanent Residence Card
i wondering when i can apply for British Citizen?

vinny
Moderator
Posts: 33338
Joined: Tue Sep 25, 2007 8:58 pm

Re: British Nationality -Refused on Good Character

Post by vinny » Wed Mar 15, 2017 12:11 pm

They consider Good Character, based on preceding ten years.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

reda
Member of Standing
Posts: 275
Joined: Sun May 03, 2009 1:34 pm
Location: United Kingdom

Re: British Nationality -Refused on Good Character

Post by reda » Wed Mar 15, 2017 2:05 pm

based on preceding ten years.
is confusing when my ten years elapse?
when i'm eligible to apply?
10 years after marriage!
10 years after received resident card!
05 years after garant PR!
I entered the UK illegally will this impact my application?

If you entered the UK illegally in the past your application will normally be refused for 10 years from:

1 – The date in which you entered the UK illegally if this is known to the Home Officer or

2 – The date in which you first brought yourself to the attention or came to the attention of the Home Office.

For example, Joe entered the UK illegally in September 2007 and came to the attention of the Home Office in March 2008. Joe applied for citizenship in January 2015. Joe’s application was refused. Joe’s application will normally be refused until at least March 2018. This is because Joe entered the UK illegally and will therefore, normally be refused for 10 years from (2) the date in which he become known to the Home Office (March 2008).
what they mean by came to the attention of the Home Office

date you did apply for residence card ?

date the HO sent you COA With Work?

date you HO sent you resident card?

Jack121
Newly Registered
Posts: 3
Joined: Mon Mar 06, 2017 10:43 pm

Re: British Nationality -Refused on Good Character

Post by Jack121 » Mon Mar 20, 2017 10:34 pm

Hello Vinny,

What are my chance then if I apply for reconsideration?

I just don't want to waste £272.00 for nothing.

Please any help will be much appreciated

Thank you

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