Naturalization application refused-should i apply for reconsideration?

[Maja]

So i applied for naturalization at the end of April, and just received a letter that my application has been refused. I used the online service, no NCS.

I had actually assumed my application was straight forward, and despite on-line searches, i don't know how i missed the good character 10 year rule. you know what i mean

Anyway to cut long story short. I applied for an extension to my student visa in 2004, this was refused and i appealed. While waiting for my appeal decision, i got married and had a child. i therefore decided to cancel my appeal and re-apply as a spouse of a British citizen in 2005, given my circumstances had changed. My immigration advisor of the time, then withdrew my application and submitted a new one 28 days later. This would prove to be the beginning of my woes.

Secretary of state, did not make a decision on this application till the 8/2009. he refused my application, however referred it to an immigration judge for an appeal. as is always the case, my immigration advisor abandoned me, in my hour of need. I picked a new one who did a sterling job.

The immigration judge concluded that, despite the fact that by withdrawing my earlier appeal and re-applying as a spouse of a BC, had inadvertently made me an overstayer, he wasn't convinced it was a deliberate attempt to circumvent British immigration laws. he allowed my appeal on article 8 and i received a DLR from the secretary of state.

In 2016, December, 7 years later, i applied for an ILR which was successful. however in April this year when i applied for BC through naturalization, it has been refused on the basis of the applicant not being of good character. the letter also states that i was in the UK without valid leave between 2005 and 2010 when my DLR was granted. and also i was working during that period which was without permission.

When my immigration advisor withdrew my appeal and later reapplied for spousal visa, i continued working in the belief that the conditions that existed with my last visa would continue. however when the decision to refuse my VIsa application in 2009 was reached, i stopped working immediately, even abided by the reporting conditions that were attached to my temporary conditions as it was.

My question? Can i apply for reconsideration of this decision? I have never intentionally broke immigration laws of this country. I accept i was at fault as i did not attempt to explain to the secretary of state, that i had stopped working for a period of 7 months from receiving the decision of his refusal of my application.
i didnt assume it was relevant.

Or should i just wait the 2 years and re-apply, or should i pay that 375 pounds, and explain and expound my immigration history to the secretary of state, in the hope that she will rescind her decision?(including attaching all documents to show that i have never intentionally broke any immigration laws).

Please let me hear your thoughts?


Thanks
Maya

[CR001]

You should wait till 2020, a reconsideration can take many months or more than a year and based on what you state, has little chance of success and you will lose more money.

They have your immigration history and have looked at it already and you were in breach of the rules in terms of no legal status and working without leave to remain.

The minute your appeal was withdrawn, your section 3C protection under the immigration rules ceased.

You were poorly advised back then.

[TheRock9]

So i applied for naturalization at the end of April, and just received a letter that my application has been refused. I used the online service, no NCS.

I had actually assumed my application was straight forward, and despite on-line searches, i don't know how i missed the good character 10 year rule. you know what i mean

Anyway to cut long story short. I applied for an extension to my student visa in 2004, this was refused and i appealed. While waiting for my appeal decision, i got married and had a child. i therefore decided to cancel my appeal and re-apply as a spouse of a British citizen in 2005, given my circumstances had changed. My immigration advisor of the time, then withdrew my application and submitted a new one 28 days later. This would prove to be the beginning of my woes.

Secretary of state, did not make a decision on this application till the 8/2009. he refused my application, however referred it to an immigration judge for an appeal. as is always the case, my immigration advisor abandoned me, in my hour of need. I picked a new one who did a sterling job.

The immigration judge concluded that, despite the fact that by withdrawing my earlier appeal and re-applying as a spouse of a BC, had inadvertently made me an overstayer, he wasn't convinced it was a deliberate attempt to circumvent British immigration laws. he allowed my appeal on article 8 and i received a DLR from the secretary of state.

In 2016, December, 7 years later, i applied for an ILR which was successful. however in April this year when i applied for BC through naturalization, it has been refused on the basis of the applicant not being of good character. the letter also states that i was in the UK without valid leave between 2005 and 2010 when my DLR was granted. and also i was working during that period which was without permission.

When my immigration advisor withdrew my appeal and later reapplied for spousal visa, i continued working in the belief that the conditions that existed with my last visa would continue. however when the decision to refuse my VIsa application in 2009 was reached, i stopped working immediately, even abided by the reporting conditions that were attached to my temporary conditions as it was.

My question? Can i apply for reconsideration of this decision? I have never intentionally broke immigration laws of this country. I accept i was at fault as i did not attempt to explain to the secretary of state, that i had stopped working for a period of 7 months from receiving the decision of his refusal of my application.
i didnt assume it was relevant.

Or should i just wait the 2 years and re-apply, or should i pay that 375 pounds, and explain and expound my immigration history to the secretary of state, in the hope that she will rescind her decision?(including attaching all documents to show that i have never intentionally broke any immigration laws).

Please let me hear your thoughts?


Thanks
Maya

Hi,

Sorry to hear that. Can i ask you one question.
Was your Application refused after they deducted passport fee (if you have applied passport while using NDRS service).

Thanks

[Maja]

hello

I used the online service. I didnt pay for the passport fee, however i paid the 1300, standard processing fee. they are refunding 80 pounds.

[TheRock9]

hello

I used the online service. I didnt pay for the passport fee, however i paid the 1300, standard processing fee. they are refunding 80 pounds.

Hi,

Did you use the NDRS service and did you apply for the passport at the same time, as it is very strange that they are refunding you £80 [which does not make sense) as the Naturalisation fee is not refundable. It might be that they deducted the passport fee and they are refunding you that passport fee which is £85.00

Did you check your account.

Please share your experience.

Thanks

[CR001]

hello

I used the online service. I didnt pay for the passport fee, however i paid the 1300, standard processing fee. they are refunding 80 pounds.

Hi,

Did you use the NDRS service and did you apply for the passport at the same time, as it is very strange that they are refunding you £80 [which does not make sense) as the Naturalisation fee is not refundable. It might be that they deducted the passport fee and they are refunding you that passport fee which is £85.00

Did you check your account.

Please share your experience.

Thanks

The OP has already clearly stated in response to your previous (repetitive) question that they DID NOT apply for a joint passport.

hello

I used the online service. I didnt pay for the passport fee, however i paid the 1300, standard processing fee. they are refunding 80 pounds.

The £80 refund is the CEREMONY fee, which is always refunded when an application is refused and the rules and guidance state this clearly.

[TheRock9]

hello

I used the online service. I didnt pay for the passport fee, however i paid the 1300, standard processing fee. they are refunding 80 pounds.

Hi,

Did you use the NDRS service and did you apply for the passport at the same time, as it is very strange that they are refunding you £80 [which does not make sense) as the Naturalisation fee is not refundable. It might be that they deducted the passport fee and they are refunding you that passport fee which is £85.00

Did you check your account.

Please share your experience.

Thanks

The OP has already clearly stated in response to your previous (repetitive) question that they DID NOT apply for a joint passport.

hello

I used the online service. I didnt pay for the passport fee, however i paid the 1300, standard processing fee. they are refunding 80 pounds.

The £80 refund is the CEREMONY fee, which is always refunded when an application is refused and the rules and guidance state this clearly.

I apologise, i did not know about CEREMONY Fee.

Thanks for clearing this.

Regards