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Will I be Refused British Citizenship due to being in the UK Illeg

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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wastv111111
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Will I be Refused British Citizenship due to being in the UK Illeg

Post by wastv111111 » Sun Mar 11, 2018 11:26 am

Can someone please help if i can apply for naturalization?

-We (me and my wife + 2 kids around 2 and 3 years of age) entered UK illegal in August 2011, using passports that were taken away by the agent at the airport.
-Applied for Assylum September 2011, within 2 weeks of our arrival in UK.
-Refugee Leave Granted in October 2011,
-Applied ILR in Septemebr 2016,
-ILR Granted March 2017 - during this period we also have a daughter was borned in UK. She got her BRP with -ILR status saying "Settlment", rest of our BRPs says "Refugee Settlement"

I want to know what options do i have now, please note here we don't have any passports and haven't traveled outside UK during the whole period of course.

If I apply now will i be refused based on "good character" as I entered UK illegally but applied for asylum within one month period of discretion and was granted refugee leave straight away.

If I can be refused should I just apply for my self and my wife (if there's 50% chance), so if we are refused, at least we don't lose large sums of fees with 5 applications for the whole family. It still be a lot with 2 applications rejected tho.


P.S. I’m ready to lodge my application with passport using “online application” with “nationality document return service”. That way I am unable to use NCS where i have a chance to discuss any potential issues with my application.

Any help really with your comments will be greatly appreciated!

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Casa
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Re: Will I be Refused British Citizenship due to being in the UK Illeg

Post by Casa » Sun Mar 11, 2018 12:00 pm

Your post has been split to your own topic from the other member's thread you had tagged your question onto.

Apart from the fact that this causes confusion, your situation is different to the other member who is married to an EEA citizen.

Please continue in this thread.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

wastv111111
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Re: Will I be Refused British Citizenship due to being in the UK Illeg

Post by wastv111111 » Sun Mar 11, 2018 4:18 pm

Thanks Casa,

Please Gurus of the forum, any advice?

Also if I apply for all the family and my application is rejected will my 2 kids and 1 UK born child (born when we were refugee) will still be approved for citizenship as they are minors?

secret.simon
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Re: Will I be Refused British Citizenship due to being in the UK Illeg

Post by secret.simon » Sun Mar 11, 2018 4:40 pm

Also see Refused BC prev Refugee - Letter for Reconsideration.
CR001 wrote:
Fri Oct 14, 2016 12:44 pm
Amber wrote:As per the updated FAQ (click) regarding the Good Character requirement (click), we have seen a number of refusals relating to a period where the applicant was in the UK illegally and this has attracted a 10 year ban from applying for citizenship from the period in which the applicant became known to the Home Office.

However, recent amendments to the residence guidance (click) suggests that the changes of the Good Character requirements are not meant to target Refugee's.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

wastv111111
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Re: Will I be Refused British Citizenship due to being in the UK Illeg

Post by wastv111111 » Sun Mar 11, 2018 8:06 pm

secret.simon wrote:
Sun Mar 11, 2018 4:40 pm
Also see Refused BC prev Refugee - Letter for Reconsideration.
CR001 wrote:
Fri Oct 14, 2016 12:44 pm
Amber wrote:As per the updated FAQ (click) regarding the Good Character requirement (click), we have seen a number of refusals relating to a period where the applicant was in the UK illegally and this has attracted a 10 year ban from applying for citizenship from the period in which the applicant became known to the Home Office.

However, recent amendments to the residence guidance (click) suggests that the changes of the Good Character requirements are not meant to target Refugee's.
Thanks for quoting Amber's response on this

However in this case how will I establish with proof my definite arrival date in the eyes of case worker in light of these recent amendments, to show that i applied for asylum within reasonable time i.e., 28 days. As I traveled on the passports that were taken away by the agent on airport. Home office was informed of these details at the time of asylum and we didn't had any proof to show about our date of entry then, and the asylum was granted straight away.

I'm sure there must be many refugees in similar situation like me, arriving like this in UK and applied asylum within 28 days with a grant. Do you or anyone know of a similar case where the discretion was awarded in similar cases successfully?

Also any gurus on the forum please if they can shed some light on this point?

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