British Citizenship

Citizenship Granted After a Judicial Review Challenge

By Amer Zaman

on May 15, 2022

The Context

Our client had previously applied through another immigration lawyer for British citizenship, only for the application to be refused by the Home Office. She had obtained her indefinite leave to remain on the basis of a marriage visa; however, during her extension period, the Home Office deemed that there was a period of overstaying.

She felt that the Home Office had incorrectly decided on the application and that it should be reviewed.

How We Assisted

We advised our client that she would not be able to challenge the decision as too much time had elapsed, but that we could address the points through a fresh application for citizenship. We advised our client of the documentation that she should provide which covered the previous refusal points, as well as documents to cover the period she was relying on for her residency.

We reviewed our client’s documents, and advised that more documents were needed to address the period of overstaying. We advised that it was risky to not provide more documents, as the Home Office may rely on the previous refusal.

After more documents were provided, the application was prepared and submitted for the Home Office to consider. The Home Office refused the application, citing new reasons from the client’s immigration history. The point tied in with their previous refusal which we felt was adequately addressed. Our client did not wish to lose the opportunity to challenge the decision and instructed us to lodge a judicial review application.

Through a lengthy process, we were able to demonstrate that the Home Office decision was both unlawful and irrational. We requested our client’s full immigration from the Home Office, and were able to rely on parts of the file to demonstrate that the Home Office had incorrectly refused the application.

Before the final hearing, we requested a review of the decision, to which the Home Office lawyers agreed.

The Outcome

After two weeks, the Home Office lawyers wrote to us to inform us they were formally withdrawing from the legal case and would grant our client citizenship.

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