Hi,
Now you might not like my comments, but probably you will get an idea about the lost fee.

You were naive, and it was a total lack of even reading the very basic things on the form you applied nationality on. Even a quick read tell you in crystal clear words that you need to have ILR before you can apply. Its also very clearly mentioned in the guidance that application fee will not be refunded, which again is a no brainer. You are paying for them to consider your application, you are not buying a bag of onions that you will only pay when you have the goods. The breakdown etc that you have asked from them are already published by UKBA and is in public domain.

There is no point arguing with UKBA, as you will not get a refund even if you go to supreme court. They will refund the component of citizen ceremony though, which is about 80 pounds.

Now, just bite you lips and apply after 12 months of getting ILR>

regards

Hi Good Morning

I am really sorry to hear about your problem with the UKBA. Probably the best first move s to seek subject access request. Furthermore reread the rules and guide when submitting the application and see whether it says anything about refund. If it said non refundable then ask why? Saying that we do not refund for no good reason is not an answer within civilised society. We are not in a non democratic society.

Thirdly go to CAB and find out whether there is a legal cause for small claims court. You can also try your MP. Ask him/her to raise parliamentary question seeking clarificaition whether it is lawful to keep all fees for unrendered services. Home office or any other civil service department has to answer your subject access request within a certain time frame.

It is not fool proof but a start. Immigration like any other Civil Service department is not above the law. They have to be accountable to their masters ie you the tax payer regardless whether you are citizen or not.

I hope this response gives you some ideas on how to proceed.

Regards

Lela

I never understood these illogical fees, whether they tell you in advance in writing or not, it seems they just expect people to make mistakes to keep the money rather than being helpful.

Anyway, I don't know about non-EEA citizens, but just asking the basics, you're not an EEA citizen are you? As if that's the case you won't need to apply for ILR:


http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/spouseorcivilpartnerofcitizen/

"European Economic Area nationals and Swiss nationals

If you are a European Economic Area (EEA) national or a Swiss national or the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the United Kingdom for a continuous five-year period ending on or after 30 April 2006. You do not have to apply for leave to remain."

European Economic Area nationals and Swiss nationals

If you are a national of a country in the European Economic Area (EEA) or Switzerland, or you are the family member of such a person, you will automatically have permanent residence status if you have exercised EEA free-movement rights in the UK for a continuous five-year period ending on or after 30 April 2006. You do not need to apply for leave to remain. You should have held permanent residence status for 12 months before you apply for naturalisation.

I do agree with you that this above sentence is very confusing.

If anyone with the same situation could you please explain this??????

As a family member of EEA residing for 5 years,because you will get automatically permanent resident,can you apply for naturalisation after 12 months without applying for permanent resident (form EEA4)???????

Please comment on this???

Courts rule over the scope and interpretation of law. Courts cannot enact laws themselves. UKBA fees are part of immigration rules, which in turn are part of relevant immigration acts. Draft rules are presented in parliament and when passed, then and then only become rules and enforceable under the law. UKBA cannot just make the rules as they go along. So the UKBA fees is a parliamentary action and parliamentary action cannot be challenged in court of law.
The only way around it to lobby MPs and get an act passed from parliament to issue a refund. But then, MPs have better things to do than getting an act passed in parliament to issue you refund. By the way, this is just to put in perspective the importance of immigration rules, in case you were thinking that immigration rules are somehow similar to terms and conditions of argos, and you could somehow get your way after showing attitude.

Under the rules that I have explained, the application fees is for consideration of application and not for the grant of application. So, again, to get it across you understanding, as soon as an application is received by UKBA, the fees is due, no matter if its refused or is an invalid application.

Requirement to have ILR before citizenship is in accordance with British Nationality act 1981 (as amended). The only respite could be somehow getting the act of parliament amended. Try it if you want.
And sorry, you didn't make a mistake, it was total stupidity. Form AN asks in clear terms about ILR, how did you miss it. To be honest, I have come across many weird and strange immigration matters, but never have come across someone who somehow doesn't know that ILR is a requirement. Any bit you read about naturalisation, the requirement of ILR is loud and clear.

regards

Guys, could you please start a new thread about eea regulations etc and I will clarify it. Lets keep this thread about naturalisation. It would only be useful if any of you is an eea national or a family member of an eea national. Speaking of immigration implications, British citizens who have never lived outside UK in another eu country are not regarded as eu citizens. They are judged under domestic immigration rules. So again, please only raise queries if you fall into those categories.

regards

I would like to hear from anyone who has made a mistake when applying for citizien, been rejected and has NOT had their funds refunded.

Yes I made a £1.394 mistake by not reading and not knowing what to do before applying. I have been here for 8 years, had leave to remain, not IRL, and applied.

I accept the mistake and to be honest it was rather stupid of me but how can they justify keeping my full payment when it must have taken them all of 30 seconds to see that I do not qualify. I would be able to accpet it if they had rejected the application if I had done something wrong and they had to do investigations.

When I spoke to a girl at UKBA she said that they get thousands of incorrect applications ever year, that equates to millions of pounds the government is making for our mistakes. All it takes a letter saying we have made a mistake or a 2 minute phone call explaining and did I want to do the right thing.

Anyway, I wrote to them and asked them for a breakdown of the expenses of my application and have not had a reply.

Those who want to reply to this post calling me names are not welcome, I made a mistake. Those who are or have been in the same situation, i would like to hear your story and what or if you did anything to recover your funds.