Of all the steps you can take to seek British citizenship, the application process is the most important and requires great care. The procedure is complicated, and even minor errors may result in delayed or even flat-out refused applications. The following article will examine some of the common mistakes made by people applying for British citizenship and, more importantly, how to avoid them.
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Inadequate proof of residence
One of the most common mistakes an applicant will make is to provide inadequate evidence of residence in the UK. As part of your British citizenship application, you must demonstrate that you are physically in the UK for a continuous qualifying period—a standard five years but three years for those individuals who are married to British citizens. You must also maintain good records of all absences from the UK. Many applicants do not attach the relevant documents showing stamped passports and flight tickets or fail to keep proper records of their travel history.
For example, nationals from EU member states commonly lack proof of lawful residence because their passports were not stamped prior to Brexit. In such a situation, employment evidence, tenancy agreements, council tax bills, etc., may be needed to satisfy the Home Office.
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Misinterpreting the referee requirements
That is why misunderstandings connected with referees are another common issue during the preparation of the paper. Each candidate must give the details of two referees who have known the candidate for not less than three years. One referee must be a British citizen and another a professional person. A good number of applications are delayed because applicants fail to ensure that their referees meet these criteria or because the referee forms are not properly filled out and signed.
Some applicants attach a photo of the referee instead of their own photo to the declaration form. And some need to remember to have the referee sign it. Such errors may lead to a delay or even rejection of the British citizenship application.
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Non-disclosure of minor offences
The “good character” requirement is part and parcel of the road to British citizenship, and nondisclosure of minor offences is among the most common reasons for refusal. This includes traffic offences, speeding tickets, and parking fines. The Home Office places so much value on the principle of full disclosure that it views any failure to mention any offence, however trifling, as deception.
You must also clearly understand the severe implications of non-disclosure. If the Home Office discovers that you have not declared any offences, your application will likely be refused, and you may then be barred from making another application.
Check out this video to learn everything you need to know about the refusal of British Citizenship and how you can avoid this mistake.
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Incorrect Calculation of Absences
A further common error in practice is mistakes in calculating absences. Applicants should ensure they do not spend more days outside the UK during the qualifying period than they are allowed—450 days in the last five years or 90 days in the last 12 months prior to applying. One common mistake is counting the day of departure from the UK and the date of return when calculating absences. Only whole days absent from the UK should be counted.
Moreover, the applicant must have been present in the UK for at least five or three years before the date of application. Otherwise, the British citizenship application will be refused.
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Incomplete or badly arranged documents
The organisation and completeness of your documentation matter a great deal. Filing blurry, incorrectly sized, or unnamed documents will, in most cases, substantially delay or result in refusal. Every document should be correctly labelled and organised in a logical manner, either chronological or categorical so that it is easy for the Home Office to go through.
This can also be backed up by a well-formatted cover letter. The letter should take the decision-maker through your application and all the documents that you have enclosed and then briefly provide a background to your stay in the UK. This will make all the documents easily retrievable and appropriately connected to the criteria for them.
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Applying under an inapplicable section of the British Nationality Act
In acquiring British citizenship, the legal formulas are provided in the British Nationality Act of 1981, but the most common error is to apply under the wrong section of the Act. Section 6(1) is the most widely used one. It provides residence for persons living in the UK for five years, and Section 6(2) is for persons married to a British citizen who requires three years of residency. Misapplication results in outright rejection of the application, and this is not desirable.
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Failure to pass the Knowledge of the English language and Life in the UK
All applicants will have to pass the test on Life in the UK and be assessed as having at least an English language ability of level B1 CEFR. The above may be exempted if an applicant has a disability or is under 18 years old. A significant number of refusals are made due to the applicant not using a Home Office-approved testing centre or not submitting test results correctly. It is important that one confirms that the language test was taken at an approved SELT centre by UKVI.
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Delays in responding to Home Office requests
The Home Office will contact applicants if any further information or documentation is needed. Lack of response in the stipulated timeframe is the most frequent ground for application refusal. Therefore, it is vital that your contact details are updated and that you respond to any such enquiries by the Home Office.
Get Professional Help
The process of applying for British citizenship entails a lot of paperwork and keenness with a lot of detail. If you avoid all or most of these mistakes, you stand a much better chance of going through with it. We will begin by offering the right papers and counting the correct number of days missed to make sure that the minimum standard in English is achieved. Even if you want to get British citizenship by double descent, we can get it done. If you require professional assistance in making a British citizenship application, you should get in touch with A Y & J Solicitors. Their experienced team will help you navigate through the process, giving you the experience needed to make your application perfect, clear, and timely in order to create the perfect chance at success.
A Y & J Solicitors is a specialist immigration law firm with extensive experience with your British citizenship application. We have an in-depth understanding of immigration law and are professional and results-focused. For assistance with your visa application or any other UK immigration law concerns, please contact us at +44 20 7404 7933. We’re here to help!
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