Applying for British citizenship can be a daunting and complex process, even at the best of times. If you have had your application to become a British citizen refused, your situation will become even more stressful, and it can be difficult to know what to do next.
If a naturalisation application is refused, there is no right of appeal against the decision. However, this does not mean that there are no options available to you. By seeking legal advice and making yourself aware of your rights in this situation, you will be able to make an informed decision on what to do next.
Here, we will provide an in-depth look at the steps you can take if you have had your British citizenship application refused, as well as ways to maximise your chances of a successful outcome.
Unfortunately, under the terms of the British Nationality Act 1981, there is no statutory right of appeal against a decision to refuse British citizenship. For people with UK settled status or indefinite leave to remain, becoming a British citizen is a vital step towards obtaining a UK passport and the right to vote, which means that a refused British citizenship application will come as a major setback.
However, there are options available to those who have had their citizenship application refused, specifically if you believe that the citizenship refusal decision was incorrect with regards to the law or proper administrative process. In these cases, it is advisable to seek legal advice from qualified immigration lawyers as soon as possible to see if you have grounds for the decision to be reconsidered.
If your British citizenship application is refused, you have two primary options available to you:
Request a reconsideration
You can ask the Home Office to reconsider its decision to refuse a British citizenship application if you believe there has been a mistake or an oversight in their assessment. If they find circumstances sufficiently compelling to reopen the application, this may lead to a different decision.
Examples of situations that might justify consideration of reopening a case include:
Requests to reopen applications must be made in writing within 28 days of receiving the refusal decision. It is important to note that a request for reconsideration does not guarantee a change in the decision, and the Home Office may still uphold the original refusal.
A fee is payable, which is refundable if your reconsideration is successful. Note: these cases are currently taking months to be decided.
Submit a fresh application
When a British citizenship application is refused, the letter notifying you of the decision will explain the reasons for the refusal. If you are able to address and correct these issues, it is possible to submit a new application, providing the necessary documentation and evidence to satisfy the Home Office's requirements and gain British citizenship. This will be a better, quicker option than reconsideration in many instances.
By submitting a fresh application, you will need to pay the fee for handling and processing your application again.
When you request a reconsideration of the refusal decision, the Home Office will review your application and the reasons for refusal. It is important to provide a detailed explanation of why you believe the decision was incorrect, along with any relevant documents and additional evidence that supports your claim. The Home Office will then assess your request and determine whether there is a valid reason to overturn the refusal.
When reconsidering citizenship applications, Home Office caseworkers will look at the following:
It is important to be aware that reconsideration requests can take many months to be processed, and there is no guarantee that the outcome will be favourable. You can give your reconsideration the best chance of success by instructing our specialist lawyers, who have overturned many citizenship refusals over the years.
If the Home Office decides not to overturn the decision, we can advise you on the viability of a judicial review, which means you are challenging the legal basis for the refusal. However, you should be aware that judicial review proceedings can be costly and time-consuming, so it is important to seek legal advice from an expert immigration solicitor before considering this as an option. Naturalisation judicial reviews are particularly difficult, with the courts giving the Home Office a wide degree of discretion in interpreting, for example, the good character requirements of its policy guidance as it relates to criminal convictions or immigration compliance issues.
To request for British citizenship applications to be considered, you must submit a written request to the Home Office using Form NR within 28 days of receiving the refusal decision. This should include the following information:
You must also provide a detailed explanation of why you believe the decision was incorrect, along with any additional evidence that supports your claim. Specifically, Form NR asks the following questions:
When you apply to the Home Office to reconsider the refusal of a citizenship application, you will need to pay an additional fee of £372. This will be returned if the decision is reversed and your application is approved, minus cost of any citizenship ceremony fees that have already been refunded.
A refused application is one that has been assessed and deemed not to meet the necessary requirements for British citizenship. This could be due to insufficient evidence, failing to satisfy the good character requirement, or not meeting other eligibility criteria.
A rejection, on the other hand, means that no substantive consideration of your citizenship application has taken place. This typically occurs when a naturalisation application is incomplete, contains errors or lacks the necessary supporting documents. In such cases, the Home Office will return the application along with the fees paid (less an administration fee), allowing the applicant to correct the issues and resubmit the application.
Unfortunately, the fees paid to the Home Office for your naturalisation application - except for the small component that pays for the citizenship ceremony (currently £80) will be non-refundable in the event of a refusal. This fee covers the administrative costs associated with processing the application, which is incurred regardless of the outcome.
However, if your application is rejected rather than refused, the Home Office will return the application along with the fees paid, allowing you to correct the issues and resubmit the application.
There are several ways to maximise your chances of a successful outcome when applying for British citizenship:
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We understand how challenging it can be to deal with British citizenship issues after being refused in the UK. That is why our team of experienced solicitors, who have many years of experience in immigration law, will do everything they can to help your British citizenship application after refusal be successful.
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As the requirements for applying for British citizenship after refusal are complex, to ensure success, you should seek specialist advice from an immigration solicitor before you proceed with an application. Latitude Law’s specialist lawyers can advise you about your individual requirements and ensure that your supporting documentation is compliant with the very latest immigration rules.
Whether you’re looking to apply for the first time or aiming to renew your partner visa, Latitude Law is well placed to help you secure the right to live with your family member in the UK.
Since 2007, our team of experienced immigration solicitors have been successfully reuniting thousands of couples and providing qualified EEA nationals with the opportunity to live, work, and join family in the UK.
Naturalisation as a British citizen is a significant life decision, and it is best that you consult an immigration specialist before proceeding with your application. As a niche law firm specialising in UK immigration and nationality law, our lawyers are uniquely qualified to provide all the help you require to ensure your application is successful.
After naturalising as British, individuals can apply for their first British passport. This is strongly recommended, as it is the best way to evidence your new nationality.
