Got my ILR. Need some advice.

[paloma2k2]

Finally got my ILR after 15 years. Applied under the long stay rule. How long do I need to wait before I can apply for British Citizenship? And how soon can I take the 'Life In The UK' exam. And how much would this all cost me? I have been trying to find some answers from the immigration website but I am so confused. Any advice will be really appreciated. Thank you.

[sakura]

According to the requirements for naturalisation;

Residential requirements

To demonstrate the residential requirements for naturalisation you need to:

have been resident in the United Kingdom for at least five years (this is known as the residential qualifying period); and
have been present in the United Kingdom five years before the date of your application; and
have not spent more than 450 days outside the United Kingdom during the five year period; and
have not spend more than 90 days outside the United Kingdom in the last 12 months of the five-year period; and
have not been in breach of the immigration rules at any stage during the five-year period.

Breach of immigration laws during residential qualifying period

You must have been in the United Kingdom legally throughout the residential qualifying period. We may refuse your naturalisation application if you have breached the immigration laws during the residential qualifying period.

If you came to the United Kingdom as an asylum applicant, you would be considered in breach of the immigration rules if your application for refugee status and any appeals were refused during the residential qualifying period. You would also be in breach of the immigration rules if you entered the United Kingdom illegally and obtained refugee status during the residential qualifying period.

The situation also depends on your age - if the majority of your time in the UK (as an overstayer) was as a child, then you might be able to apply after holding ILR for the standard one year, whilst proving that, as a child, you did not knowingly breach the immigration rules.

If, however, you applied and were granted it as an adult, I'd expect they would refuse your application until you satisfy the five years' legal residency.

Can you provide more details about your application?

[paloma2k2]

Thanks for the reply.

Well I came to England in 1992, I was 11 years old. I am now 26. It was with my parents and 2 elder brothers. We have not been outside of the UK since we got here in 1992.

We did not enter the UK illegaly. Came on a 6 months visa and then decided to stay. Our application for asylum was rejected about 10 years ago. After that there was no correspondence from the HO regarding our status. We just carried on as normal, working and paying our taxes and even voting. Made an application using a 'SET O' form for ILR under the long term rule in August 2007. Like I have mentioned before it was granted a week ago.

Our solicitor said we will be able to apply for naturalisation after one year. I do not understand what you mean by 'five years' legal residency'. Does that mean five years from the time the ILR was issued?

[William Blake]

Well I think it is usually 1 year. Didn't you have to take the life in the UK test already in order to get ILR?

[sakura]

Thanks for the reply.

Well I came to England in 1992, I was 11 years old. I am now 26. It was with my parents and 2 elder brothers. We have not been outside of the UK since we got here in 1992.

We did not enter the UK illegaly. Came on a 6 months visa and then decided to stay. Our application for asylum was rejected about 10 years ago. After that there was no correspondence from the HO regarding our status. We just carried on as normal, working and paying our taxes and even voting. Made an application using a 'SET O' form for ILR under the long term rule in August 2007. Like I have mentioned before it was granted a week ago.

Our solicitor said we will be able to apply for naturalisation after one year. I do not understand what you mean by 'five years' legal residency'. Does that mean five years from the time the ILR was issued?

I am not an expert on this, I'm just pointing out the rules. You have just mentioned that you applied for asylum and it, along with any appeals you made, was refused. Therefore, wouldn't the point above about asylum applicants be relevant for you? When you applied for asylum, you were not in breach of immigration rules, but once you lost your appeal/s, you became an overstayer.


The point I am making is that, as an overstayer, you were in breach of the immigration rules because you did not have any valid leave to remain (from what you have mentioned so far). The five years prior to you obtaining ILR, you did not have any right to remain in the UK, right? So, therefore, you do not meet the residential requirements.

Your solicitor mentioned that you can apply after one year...solicitors are not always right, I'm afraid, and I suggest you go back and talk to him/her again and point out what I have written.

Again, this is just my opinion, and I think you would have to wait five years, from the date you obtained ILR.

Anyone else agree?

If you applied for ILR in 2007, didn't you have to take the Life in the UK test?

[Siggi]

Sakura,

You see Paloma's case is typical of the unfair manner the HO treat's people who do things legally ie pay taxes and visa costs.

As a overstayer under case resolution, she would has been given ILR for no fee or Britishness test and she will be able to apply in one years time for Naturalisation on condition she completes her UK test.

Personally I'm pleased that Paloma now has her ILR, but I don't agree with people been rewarded for been illagaly.

[sakura]

Sakura,

You see Paloma's case is typical of the unfair manner the HO treat's people who do things legally ie pay taxes and visa costs.

As a overstayer under case resolution, she would has been given ILR for no fee or Britishness test and she will be able to apply in one years time for Naturalisation on condition she completes her UK test.

Personally I'm pleased that Paloma now has her ILR, but I don't agree with people been rewarded for been illagaly.

Have I missed something?

Paloma - did you apply under the 14 year LRC or under the asylum case resolution? If under the former, then my argument still stands. If under the latter, then I do not know enough about the CRs policies to give you a definitive answer.

Is Siggi's point true - that those who obtain ILR under the asylum CRs can apply for naturalisation after twelve months on ILR, even if they have been in breach of the immigration rules? I would have thought they'd also have to complete five years legal residency as mentioned in my earlier post...

[William Blake]

Sakura,

Personally I'm pleased that Paloma now has her ILR, but I don't agree with people been rewarded for been illagaly.

Oximoron. So you are not happy then? Well I personally am exuberant for OP and I am also very happy that you are unhappy Siggi. I hope someone getting ILR after 15 years of hard substandard living causes some people consternation. In fact I hope they have real agitation and sleepless nights over it. Such ones may be interested to know that thousands of people have been awarded ILR in a similar manner. Some of these people are doing well. Some are even prospering right here in Britian the country they have helped to build up. Some are lawyers and doctors and some are very wealthy. And I foresee that they will continue to prosper in Britain because of the great fighting spirit they show.

[Siggi]

William Blake for someone like yourself, who has a good command of English you amaze me.

Just because I dont agree with the manner in which Paloma received her ILR, this does'nt mean I'm not happy for her as a person to receive it.