Applying for naturalisation: HO destroyed my ILR file

Hi,

I received my ILR back in 1995, I have the original letter with the HO reference and a passport with 'Indefinite Leave to Enter' stamp.

I recently sent off a SAR to request a copy of my old file before starting with the naturalisation process. I've just received a letter from the Home Office that the file was destroyed some time ago under their routine file destruction policy.

As far as I know, it is up to the Home Office to prove that I am not eligible for naturalisation so the fact that they destroyed my file shouldn't be an issue. Is this correct? I've never broken the ILR residency conditions.

Thank you.

Inci wrote:As far as I know, it is up to the Home Office to prove that I am not eligible for naturalisation so the fact that they destroyed my file shouldn't be an issue.

It is actually the other way round. It is your responsibility to prove that you meet the requirements, not theirs to disprove.

There is no legal obligation for the Home Office to naturalise you at all. Naturalisation is a privilege and is entirely a grant, not something that anybody has a right to.

Inci wrote:I recently sent off a SAR to request a copy of my old file before starting with the naturalisation process. I've just received a letter from the Home Office that the file was destroyed some time ago under their routine file destruction policy.

As regards the data, the Home Office, like all organisations, periodically reviews the data it has and destroys that which will not be required in the future. It seems that visa files are retained for a period of two years.

Read the Home Office Personal Information Charter. Details for more information are towards the bottom. You may wish to contact them for more details of their data and information retention policy.

Would it be possible to get a response from a less snarky person please. I would like a response to my question rather than a knee jerk reaction.

I know the HO doesn't owe me British Citizenship, however the process is that they have to disprove the eligibility, this is a process issue, not attitude. If you ever receive any kind of paperwork from them, they go through eligibility requirements one by one.

Does anyone have experience with old ILR applications please.

Thank you.

It is the applicant's responsibility to ensure they meet all the requirements and that they are eligible for citizenship. The HO letter and ILE stamp should be sufficient plus the information you provide on the form.

What secret.simon has advised is correct, even if it is not what you would like to hear.

Re. old ILR, I obtained it in 1985, had the HO letter, stamped EEA RC and also Passport. Submitted letter and RC as proof and no issue, application was approved. Didn't occur to me to ask for my file. So as advised above you should be ok with your ILR documents and if you satisfy all other requirements.