Scenario on Refused Naturalisation Application not to be Refused.

I came to the UK in January 2006. Been working as self-employed until 2009. Got my permanent residency card for several years but when applying for naturalisation my application has been refused because I did not pay Working Registration scheme. This Scheme ended in April 2011 so I would like to apply again but not sure if my second application won't be refused again. What changes I've got with my application?

Our Response

Thank you for sending your email enquiry to Reiss Edwards. We are a specialist immigration law firm and are regulated solicitors.

Your enquiry suggests that you have Permanent Residence. I would need to clarify whether this is following a formal application that has been made or whether you are basing this on the fact that European nationals do not need to apply for permanent residence in order to be regarded as holding permanent residence. I assume that you have made an application as you are not able to apply for naturalisation without first making a formal and approved application for a permanent residence card.

It seems strange that the application has been refused when related to the worker's registration scheme as the decision-maker for permanent residence should have considered this in that application. This, therefore, in my opinion, presents grounds for a review request of your naturalisation. The naturalisation application fee is substantial and so a review will mean that you would not be expected to pay the entire fee again. Making a fresh application would result in this requirement. I would like to have sight of the refusal letter before I make a conclusive decision on whether the application should be made again or a review.

The Home Office charge a fee for the review but will refund this fee back if your decision is overturned in the positive. If based purely on the old workers' registration scheme and you have added your permanent residence card approved, it seems apparent that you would have a good prospect of success.

Self-employed individuals were exempt from the scheme and so you may not have needed to apply for the workers registration certificate in any event. We have potentially two arguments to run;

• PR has been granted and so the scheme is not required and an academic refusal;
• In the alternative, Self-employed persons automatically are exempt from the scheme.

I certainly need to take further instructions on your naturalisation refusal and review the refusal letter completely. I can then offer a more definitive course for us to take and advise on the merits of your case.

How We Can Help

Reiss Edwards is a specialist immigration law firm based in central London Holborn. If you want a free initial assessment for 20 minutes, we offer this over the phone. I suggest that this is a good starting point as I have only very limited information which may affect what I have said above.

And if you have any other immigration issues or enquiries give one of our immigration solicitors a call on 020 3744 2797 or email us on info@reissedwards.com