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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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Dear Sir/Madam On February 2001 I have sought for asylum in

Resolved Question:

Dear Sir/Madam
On February 2001 I have sought for asylum in the UK. At that time my main concern was looking for safety rather than anything else. Through the procedure I made a genuine mistake by giving incorrect date of birth (one month different from the correct DOB 07/10 – 07/11). This difference doesn’t give me any benefit on my asylum case.
Also for place of birth, I gave the address instead the name of the town where I was born (both at the same city, same region and same country). Thereafter, when I discovered this mistake, I had sought for legal advice, and always I had been advised to wait until the home office grant me for settlement.
On 2010, I have been granted indefinite leave to remain. I went back to my solicitor to correct my personal details. He advised me that it is better if we can support my request with an original document from my country, such as birth certificate that shows the right details. As no Palestinian embassy exists in the UK, It took me more than 8 months to issue the birth certificate from Palestine. I sent it along with covering letter to the case worker.
Recently, I have received a reply from the case worker informed that it is too late to amend as I had an ample opportunity to do this amendment before granted indefinite leave to remain and also she sent me back the Immigration Status document without any amendments.
Her letter was very confused to me for two reasons. Firstly, she didn’t mention for a clear refusal to my request. However, on her letter she indicated my correct and new date of birth while she sent me the immigration status documents with different and old date of birth!!
Secondly, I called the home office and they confirmed that my personal details have been correctly amended on the home office system to match the information on my birth certificate as I requested!!!! So, they have corrected my personal details on the system and they didn’t correct it on the Immigration status document.
I contacted the local MP and he sent them another request to change the date of birth on my Immigration status to match this information on the home office system. Today I have received their reply informing me that it is impossible to do this change and also I have contacted the home office and I found that they changed it again to the incorrect information!!!
However, I need to apply for Naturalization now, I need your advice of what date and place of birth should I mention in the application? Is it possible to issue neutralization with the correct date of birth or not? From your experience do you have any similar case that has been successfully ended?
Best Regards
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Do you have documentary evidence of your correct date of birth?

Tom
Customer: replied 2 years ago.
Yes, I have birth certificate.
Expert:  Thomas replied 2 years ago.
Thanks.

Will answer in 20 mins after a quick meeting..

Tom
Expert:  Thomas replied 2 years ago.
Hi

Thanks for your patience.

I think you should simply apply for naturalisation and put the correct date or birth. However, you should also execute a Statutory Declaration in support of application.

This should state the honest mistake you have made with your earlier date of birth, stating why you made the mistake and that it was unintentional and proffer the birth certificate as evidence. You should further state that you did not in any way intend to deceive the UKBA and that it was a completely unwitting mistake.

You should then select persons of authority that know you (eg. doctor, lawyer, minister, good friends) to give you character references confirming your honest and good character over the period of time that they have know you. These should be enclosed with the statutory declaration and referred to in it.

Provided you do this I would expect the UKBA to accept your application for naturalisation on the basis of the correct date of birth so that you can then apply for and obtain a UK passport with the correct date of birth once you have obtained your certificate of naturalisation.



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Kind regards,


Tom
Customer: replied 2 years ago.
If they refused my request to change the personal details twice, why I should expect to change them when i apply for naturalisantion certificate?? Do you have any similar case that has successfully ended??
Expert:  Thomas replied 2 years ago.
Hi,

They won't change it now because there is no application pending (and no fee taken) and your leave to remain is not affected by the error, so it's more work than it's worth to them.

By making an application for naturalisation you are forcing them to deal with it.

I have had a situation where a person's name was incorrectly spelt after receiving ILR. This was corrected after appliying for naturalisation.

Please remember to rate my answer.

Kind regards,

Tom
Thomas, Solicitor
Satisfied Customers: 6450
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 2 years ago.

Dear XXXXX


Thanks for your reply I indeed appreciate it.


from the link below on Google search I have found the how they deal with such cases with only different that these people have requested the amendment after they have already obtained naturalization certificate and before apply for passport. are these cases explained in the link below applicable to me or not?


 


http://www.homeoffice.gov.uk/publications/agencies-public-bodies/ips/passports-policy-publications/naturalisation-certificates?view=Binary


 


thanks

Expert:  Thomas replied 2 years ago.
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