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Tips to Avoid the 3 Main Reasons for a Refusal of British citizenship

When Jodi contacted us, the Home Office had refused her application to naturalise as a British citizen. She was understandably upset because she had indefinite leave to remain and, based on her understanding of the law, she appeared to be a good candidate for British citizenship.

No criminal behaviour, no court action, continuous employment since her arrival to the United Kingdom (UK) as a Tier 2 (General) highly skilled worker, involvement in community activities and yet, three months later and at great financial cost, Jodi’s application was refused.

We reviewed Jodi’s application and found that she had made one of 3 common errors. Below we set out our 3 tips to avoid a refusal of British citizenship applications.

The basics

A person may naturalise as a British citizen, under:

• Section 6(1) of the British Nationality Act 1981 (BNA 1981), as a person applying in their own right who is not married to or in a civil partnership with a British citizen
• Section 6(2) BNA 1981, as a person married to or in a civil partnership with a British citizen.

The requirements to be met depend on whether you are applying to naturalise under section 6(1) BNA 1981 or section 6(2).

The requirements

Section 6(1) BNA 1981

The key requirements to be met:

• Be over 18 years of age
• Meet the 5-year residence requirements
• Have indefinite leave to remain (settlement) or permanent residence status for at least 12 months
• Have passed the ‘Life in the UK’ test
• Meet the English language requirements
• Meet the ‘good character’ requirements
• Intend to make the UK your home

Section 6(2) BNA 1981

The key requirements include:

• Be over 18 years of age
• Be married to or in a civil partnership with a British citizen
• Meet the 3-year residence requirements
• Have passed the ‘Life in the UK’ test
• Meet the English language requirements
• Meet the ‘good character’ requirements
• Intend to make the UK your home

Children and those under the age of 18 years cannot apply to naturalise as British citizens. Instead, they may apply to register as British citizens.

When preparing applications to naturalise, some applicants often fail to submit documents to demonstrate how they meet the requirements, which can lead to a refusal of the applications.

In fact, from experience, regardless of whether the application falls under section 6(1) or section 6(2) BNA 1981, there are 3 common errors which stand out. They are:

• Not meeting the residence requirements
• Not meeting the ‘good character’ requirements
• Not meeting the English Language requirements

Let’s look at each one in turn, so that you too, can avoid a refusal of a British citizenship application:

1. Not meeting the residence requirements

As highlighted above, the residence requirements differ depending on whether you are applying to naturalise on the basis of a marriage or civil partnership with a British citizen or not.

If you are applying on the basis of your marriage or civil partnership, you must meet the 3-years residence requirement. Apply in your own right and you must instead meet the 5-years residence requirements.

How does this work in practice?

Under section 6(1) BNA 1981, you must show that you have been resident in the UK for 5 years preceding the date of the application. This is also known as the Qualifying Period.

During that time, you must not have been absent from the UK for:

• 450 days in total: and
• 90 days in the 12 months’ period immediately preceding the date of the application

Conversely, under section 6(2) BNA 1981, you must evidence that you have been resident in the UK for 3 years preceding the date of the application.

During that 3 year’ qualifying period, you must not have been absent from the UK for:

• 270 days in total: and
• 90 days in the 12 months’ period immediately preceding the date of the application

Not only that, but in both instances, you must have been physically present in the UK at the start of the qualifying period, whether it is 3 years or 5 years ago. There are exceptions for those who may have been in the armed forces at the start of the qualifying period.

Some applicants fall foul of the absence requirements. Yet, it is important to note that if all the other requirements are met, the Home Office can exercise its discretion in favour of the applicant.

Our client, Jodi, found herself in exactly that position. Even though Jodi’s total absences were recalculated when we prepared the application, she still had absences of 502 days during the 5 years qualifying period.

To overcome this, we made representations to the Home Office, to request that it exercises its discretion in Jodi’s favour. We also submitted documentary evidence to demonstrate that much of Jodi’s travel was due to her employment commitments because of the seniority and nature of her role.

In another past case, where the client had exceeded his permitted absences by 35 days, we submitted medical documentary evidence to illustrate that his travel was necessary. We also provided the Home Office with evidence of his strong ties to the UK by way of mortgage statements for his residential home and family ties.

It is, of course, up to the Home Office to exercise its discretion and each case will be assessed and decided on their individual merits.

Nonetheless, the above examples highlight that it is possible to avoid a refusal of British citizenship applications where the absences requirements are exceeded, provided strong evidence is submitted to persuade the Home Office to exercise its discretion favourably.

2. Not meeting the ‘good character’ requirements

The Home Office will assess if you are of sufficient ‘good character’ to be granted British citizenship or whether your previous conduct should adversely affect your application.

To be considered as having good character you must have “shown respect for the rights and freedoms of the United Kingdom, observed its laws and fulfilled your duties and obligations as a resident of the UK.”

This is quite a broad test, but essentially the Home Office will carry out criminal and civil record checks in every application. As the Home Office is not bound to the Rehabilitation of Offenders Act 1974, this means that every criminal offence will be considered as part of your application to naturalise, no matter how minor or when the act was committed.

Any criminal offence committed, both in the UK and abroad, such as theft, drink driving, use of a mobile phone while driving and driving while disqualified may prevent you from naturalising until a certain period of time has lapsed from the date of conviction.

You may also be prevented from applying successfully if you have any financial issues such as bankruptcy or not having failed to pay your council tax.

It should also be noted that failure to declare any of the above, could also be viewed negatively.

Examples

A previous client, who successfully applied to naturalise as a British citizen, had 5 fixed penalty notices for speeding and 2 others for parking related offences. In light of the number of penalty notices, we were wary that such behaviour could show a pattern of non-compliance with UK laws.

We therefore took the precaution of highlighting broader aspects of that client’s good character. We also submitted information from DVLA to prove that the client’s overall driving record was positive and that all penalty notices had been resolved.

In another instance, Jimmy had recently been declared bankrupt and sought a telephone consultation to discuss his chances of securing British citizenship.

Jimmy was advised against making an application to naturalise, at this time, as it was highly likely, in our opinion, and based on his wider financial dealings and lack of strong UK ties, that the application would fail.

Jimmy appeared to have sought assistance elsewhere and submitted an application to the Home Office. He contacted us by email to say that he had been invited by the Home Office to provide his biometric data. We informed Jimmy that the receipt of a biometric letter did not equate to approval of his application. Hopefully a decision will go in his favour!

Not meeting the good character requirements could lead to a refusal of British citizenship applications and it may be sensible to allow time to lapse before making an application. Nevertheless, there are times when a refusal can be avoided, provided strong evidence is submitted to persuade the Home Office of your good character.

3. Not meeting the English Language requirements

Nationals of majority English speaking countries are not required to demonstrate English language proficiency. Majority English speaking nationals are those from:

• Antigua and Barbuda
• Australia
• The Bahamas
• Barbados
• Belize
• Canada
• Dominica
• Grenada
• Guyana
• Jamaica
• New Zealand
• St Kitts and Nevis
• St Lucia
• St Vincent and the Grenadines
• Trinidad and Tobago
• United States of America

If you are from a country not listed above, you must pass an English language test (SELT), at B1 CEFR or higher.

It is not uncommon for applicants to provide an English language test certificate below the required level, leading to a possible refusal of the application.

Alternatively, if you hold an equivalent level qualification, such as a degree taught in English, such evidence may be submitted with the application instead.

The issue often occurs where the applicant received a degree qualification taught to them in English, from an approved university or educational establishment from outside of the UK.

Where this occurs, extra steps are required to illustrate how the applicant meets the requirements. For instance, Jodi, had previously submitted evidence of meeting the English language requirements, during her initial application for a Tier 2 (General) visa application and again in her application for indefinite leave to remain. At that time, Jodi had submitted a print out of the  Points Based Calculator detailing how her degree certificate met the requirements.

To Jodi’s surprise, the fact that she had met the requirements previously, did not preclude her providing such evidence again. And unfortunately, since 6 April 2016, the Home Office no longer accepts the Points Based Calculator as evidence of meeting the English language requirements.

Therefore, we approached UK NARIC for an Academic Qualification Level Statement from UK NARIC confirming that Jodi’s degree qualification was comparable to a UK degree. We submitted this statement, together with on official letter from Jodi’s overseas university stating that the degree was taught in English and also submitted her original degree certificate as part of the application.

As a result, we were clearly able to verify that Jodi met the English language requirements.

Conclusion

We hope that the 3 tips to avoid a refusal of a British citizenship application have been helpful.

As for Jodi, her application for British citizenship was approved and she had since attended the Citizenship Ceremony. As for Jimmy, if you are reading this, not your real name but you know who you are, please feel free to update us on your application and share your experience.

Written by Carla Thomas – Managing Director at Thomas Chase Immigration.

Thomas Chase Immigration offer immigration assistance to individuals and families.

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