Immigration section: How to reopen a Citizenship Application

Hello,

In what situations can the authorities of Britain revisit a British Citizenship application which had been declined? Any suggestion is going to be highly valued.

-KK

Hello KK,

The authorities of Britain can decide to revisit application when the correct criteria or requirements might have not been made use of in reaching a decision on the application; or where they had declined the application of an individual based on non availability of responses to questions when a reply had been sent in but was not related to the application. A reopening can be made to the application if sufficient time had not been allowed for enquiries to be completed or for the receipt of a response before the decision was made.

There are various likely explanations why they can reopen an application, for instance assuming it had been denied on the basis of character because of a criminal verdict that was through appeal quashed later on or if a case of identity that was mistaken was involved. That is, the individual was not the individual who was convicted for the crime. Additionally, if they had failed to take note of the relevant information or documents that were in possession of the authorities. The aforementioned are some of the very popular reasons however this list is not exhaustive.

On the other hand, peoples’ applications would not normally be re-opened by the authorities if they were declined due to their refusing to reply to questions or make arrangements for ceremony for citizenship, as well as if it was as a result of an error made by the individual who stood in for the applicant. Nevertheless, a decision may be made by the authorities in circumstances that are exceptionally compelling to do so, for instance, assuming because of an unexpected illness or absence the applicant did not receive any correspondence.

Additionally, there would be no reconsideration of an application for reasons of residence that was long, where the regulatory requests were not complied with; or for the comfort of having a passport of Britain for commercial purposes or other motives, yet the stipulations were not fulfilled; reasons that are cultural or reasons which have connections to ancestors; and/or previous armed forces service.

In having an applicant’s eligibility assessed and prior to make a decision on if a formal request is to be made for a reconsideration of an application, individuals must assess if they have fulfilled the stipulations by going through the guidance for the sort of application that they are making.

It is vital not to forget that the Home Secretary is going to equally consider how the stipulations are fulfilled. For instance, when an applicant’s request has been submitted overseas so as to dodge the stipulation to not be tied down by the immigration conditions of the United Kingdom on the application date, or if it is accompanied by proof of being an attendee of an ESOL (Educational Services Overseas Limited) course which is regarded to be of questionable merit, a discretion to decline naturalization may be invokes by the Home Secretary and it is likely that a reconsideration of the decision would ever be prepared. Currently, PS80 is the fee that is payable for an applicant’s reconsideration.

Even though guides, leaflets, and the gov.uk website try to offer an explanation on the stipulations for nationality in terms that are simple, the law on British nationality is complex. Assuming the circumstances of a person are not usual, that is not within the scope of the law and the policy of the Home Secretary on exercising discretion, the recommendation is that expert assistance should be required from experts who specialize in nationality and immigration law.