How do I get British citizenship/passport ?

William Blake · Post by **William Blake** » Sat Dec 12, 2009 8:14 pm

I got my ILR based on ten years long residence in November this year (2009). It was granted after a second review of my initial application which was refused in 2007.

When can I apply for British citizenship? And could I apply earlier owing to the fact that the initial application was in 2007 ? Please also set out the procedure, stages to citizenship for me.

Post by **vinny** » Sat Dec 12, 2009 10:35 pm

Can I be naturalised as a British citizen?
Chapter 18: Naturalisation at discretion

Post by **John** » Sat Dec 12, 2009 10:50 pm

William Blake, you mention an initial application, which makes me think there was a subsequent application? Correct? If so, when did you make the ILR that was eventually granted?

Post by **vinny** » Sat Dec 12, 2009 10:58 pm

William Blake wrote:Hi All,

I thought I'd update my post. My initial application for ILR based on ten years long residency was refused in 2007. I was able to secure a work permit shortly after the refusal whereupon I availed myself of the overstayer concession left the UK and returned on the work permit. I was particularly sad throughout this time and felt very low having to leave the UK. On my return landing at gatwick, getting the train home I was so elated. When I got home I fell to my kness and thanked God and thought mission accomplished.

For the past two years I have been communicating with the Home Office regarding the refusal on my ILR case, a refusal which never reflected the actual facts of my case nor the immigration rules. I am pleased to say that I have now been granted ILR after a second home office review of my 2007 application. I would like to say thank you to all who offered advice and support.

I also would like to ask now; How do I go about getting citizenship? At what stage can I apply ? I am guessing its still a year later. Also considering that the application was initially meant to be granted two years ago can I apply sooner ?

I should also add that I found the points raised by penanglad indispensable and the case laws lebanon 2008 and tt 2008 drawn to my attention by vinny and jes2jes respectively particularly useful.

William Blake · Post by **William Blake** » Sun Dec 13, 2009 12:42 am

The link posted above states that I should have 12 months without immigration control and the last five years must have been without a breach of immigration rules. I am presuming that because the period of overstaying fell under the overstayer concession and that I overstayed as a consequence of a refused application that did meet the requirements for ILR under the ten year rule this period would not be classed as a period in breach of the immigration rules for citizenship purposes. Is this so? Can I apply now for citizenship then? I don't want to wait a year if I don't have to. Could I make a case for a grant of citizenship on the basis that my 2007 application should have been granted and hence I don't need to wait a further 12 months ?

mrlookforward · Post by **mrlookforward** » Mon Dec 14, 2009 9:10 am

can you clarify please

When did you come to UK?

When did you apply for ILR and on what basis?

When was your application for ILR refused?

When did you leave UK?

When did you get your wp and returne back to UK?

mrlookforward · Post by **mrlookforward** » Mon Dec 14, 2009 9:13 am

also basically you need to make a subject access request, this will clarify you status while you were here when your application was rejected, and its subsequent approval.

William Blake · Post by **William Blake** » Mon Dec 14, 2009 10:16 pm

mrlookforward wrote:can you clarify please

When did you come to UK?

When did you apply for ILR and on what basis?

When was your application for ILR refused?

When did you leave UK?

When did you get your wp and returne back to UK?

When did you come to UK? --> Aug 1997

When did you apply for ILR and on what basis? ---> November 2007 / ten years long residence

When was your application for ILR refused? --> 15 January 2008 (but refusal notice received 14 February 2008 as letter went to wrong address initially). The visa I had then expired end January 2008

When did you leave UK? late september 2008

When did you get your wp and returne back to UK? wp is dated 10/10/08. I got back to UK 18/10/08

mrlookforward · Post by **mrlookforward** » Mon Dec 14, 2009 10:26 pm

After reading your post a few times, I can say a few things.
You said your ILR application was refused, but then it was granted after review. If that is clearly the case, then in all likelihood you period of stay was not be in breach of immigration rules. so you can apply for BC 12 months after being granted ILR.

There may be a case for you being already regarded as having fulfilled 12 months free from immigration control, cos by granting your application now, HO have basically admitted that their original decision was wrong. But for this you will have to take legal help, spend a lot of money, and your application for BC might take a long time to decide.

So the easy option would be to apply 12 months after the grant of ILR. But you should make a subject access request, which in most cases takes around 3 months to come through. once you have your sar file, you will be able to see all the comments and timelines in your file and it would make it easy to file for BC when the time comes.

William Blake · Post by **William Blake** » Sat Jan 30, 2010 4:03 pm

Yes but what exactly do I have to do ? What is the procedure ?

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How do I get British citizenship/passport ?

How do I get British citizenship/passport ?