Can I apply now for a citizenship?

[klimov]

Can somebody advice please.
Question is: When can I apply for a citizenship? Is it now, 1 year into marriage or 3 years.
I have arrived in the UK in 95 aged 17,on a tourist visa, claimed asylum 1wk later in 96.
in July 96- refusal, appeals and so on... last one in 04 I think...all together about 6-8 refusals, but nobody said that I was an illegal entrant.

in July 09 got granted ILR through legacy case resolution programme.
September 09 got married to a British citizen.

I was told by somebody in HO,that I can apply after a year, but my lawyer thinks that I can apply today on the basis that I am married to a British and have an ILR stamped in passport.
I can prove that I paid all taxes , no criminal record, good referees(Lots), credit file is messy though.
Just want another opinion cos I dont want to lose money.
PS. my asylum case paperwork is somewhat messy and bits and bobs missing.

[klimov]

its strange..... so many people read my post, but no replies. is it really difficult question

[Christophe]

In order to be able to naturalise on the basis of marriage to a British citizen, it is necessary that you be married to that person on the day that you apply for naturalisation. You don't have to have been married to that person for 3 years, and your spouse doesn't have to have been a British citizen for any particular period of time, as long as he or she is a British citizen on the day of your application.

You also only need to have ILR on the day of application (i.e. not for a year beforehand).

Of course, you need to fulfil all the other criteria as well.

[klimov]

my wife is british, i got married after being granted ILR.
with regards to other criteria this is what HO says:

Immigration time restrictions
You must be free from immigration time restrictions when you make your naturalisation application. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period

http://www.bia.homeoffice.gov.uk/britis ... uirements/

what other criteria i must meet bearing in mind that i was granted ILR outside of immigration rules?
please advice, cos nobody seems to know for sure.

[BLK235]

As your ILR was granted outside of immigrations rules you may want to read this thread.

Also read Nationality instructions especially section 8.7.

[republique]

its strange..... so many people read my post, but no replies. is it really difficult question

You couldn't answer it

[BLK235]

Under transitional arrangements as an ILR holder you have up till July 2013 to apply under current rules.

UKBA only refunds ceremony fees for unsucessful applications, which I believe is around eighty pounds.

As an alternative you can wait and apply in July 2012.

[klimov]

Thank you.
I think that I'll apply for a citizenship once 1 year ILR is up. I was told so by somebody who works for HO. I just thought I could do it quicker, but better to be safe then sorry. Can I apply at 11 months and 1 day? or it has to be 12 months exactly?

[joelondon]

12 months exactly ...

Thank you.
I think that I'll apply for a citizenship once 1 year ILR is up. I was told so by somebody who works for HO. I just thought I could do it quicker, but better to be safe then sorry. Can I apply at 11 months and 1 day? or it has to be 12 months exactly?

[klimov]

As your ILR was granted outside of immigrations rules you may want to read this thread.

Also read Nationality instructions especially section 8.7.

I bring to your attention section 8.10 last paragraph:

an application for asylum or leave to remain was refused but, the application was reconsidered and ILR was granted outside the Rules – in this case, we may overlook any period of breach from the date the original (unsuccessful) application was made.

[f2k]

Thank you.
I think that I'll apply for a citizenship once 1 year ILR is up. I was told so by somebody who works for HO. I just thought I could do it quicker, but better to be safe then sorry. Can I apply at 11 months and 1 day? or it has to be 12 months exactly?

Because you are married to a British Citizen and applying on that basis, there two main things you have to satisfy (amongst)
1/ You have been in UK LEGALLY for at least 3years
2/ You have ILR

Now the issue for you is, What was your status before you applied and finally got ILR?

Its not about the amount of time you have to spend on ILR in your case. So long you can show a legal status for at least 3years

[klimov]

Thank you.
I think that I'll apply for a citizenship once 1 year ILR is up. I was told so by somebody who works for HO. I just thought I could do it quicker, but better to be safe then sorry. Can I apply at 11 months and 1 day? or it has to be 12 months exactly?

Because you are married to a British Citizen and applying on that basis, there two main things you have to satisfy (amongst)
1/ You have been in UK LEGALLY for at least 3years
2/ You have ILR

Now the issue for you is, What was your status before you applied and finally got ILR?

Its not about the amount of time you have to spend on ILR in your case. So long you can show a legal status for at least 3years

Yes and No.
There are apparently 2 ways I can go about it.
One is to wait until I have 1 year with ILR, and then to apply for a citizenship- thats for sure as I was told so by HO official,
The second route I was contemplating is : that there are no 1 year ILR rule restriction if one is married to a BC.

Immigration Time restrictions:
You must be free from immigration time restrictions when you make your naturalisation application. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.

Direct link:
http://www.bia.homeoffice.gov.uk/britis ... uirements/

Thoughts?

[Christophe]

Thank you.
I think that I'll apply for a citizenship once 1 year ILR is up. I was told so by somebody who works for HO. I just thought I could do it quicker, but better to be safe then sorry. Can I apply at 11 months and 1 day? or it has to be 12 months exactly?

Because you are married to a British Citizen and applying on that basis, there two main things you have to satisfy (amongst)
1/ You have been in UK LEGALLY for at least 3years
2/ You have ILR

Now the issue for you is, What was your status before you applied and finally got ILR?

Its not about the amount of time you have to spend on ILR in your case. So long you can show a legal status for at least 3years

Yes and No.
There are apparently 2 ways I can go about it.
One is to wait until I have 1 year with ILR, and then to apply for a citizenship- thats for sure as I was told so by HO official,
The second route I was contemplating is : that there are no 1 year ILR rule restriction if one is married to a BC.

Immigration Time restrictions:
You must be free from immigration time restrictions when you make your naturalisation application. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.

Direct link:
http://www.bia.homeoffice.gov.uk/britis ... uirements/

Thoughts?

I can't see any point in your applying on any basis other than being married to a British citizen. The exception to that would, of course, be if you were on the point of getting divorced or if you were estranged from your spouse and you felt that she was going to make things difficult in terms of getting proof of her citizenship (though even then it would still be possible).

Why are you contemplating going down any other path?

[klimov]

Ehhh...
Its just that I'm trying to get it done quickly... you know being here 14+years without status made an impact on me. I made up my mind already, and I'll be applying once 1 year is up, but if one can become a citizen today, why wait for tomorrow? Agree?
If HO is prepared to waive residency period requirement for Legacy cases, and says there in black and white that married people are excepted from 1 year ILR rule, logically one can assume, that having an ILR through legacy and being married to a BC gives you a possibility to apply for a citizenship immediately after ILR.
But perhaps I don't know law as well as most of you.

[Christophe]

The question, as someone said above, is whether you were here legally during the three years before your application (assuming you apply on the basis of marriage to a British citizen). If you were an asylum seeker during that time, for example, and the Home Office was deciding on your case, or you were appealing against a decision, it doesn't necessarily mean that you were in the UK illegally. (For example, an asylum seeker is, by definition, not in the country illegally while his or her case is being decided.)

I am also not sure how applying after a year of ILR would help to deal with this issue anyway — if, that is, you are thinking of making an application not on the basis of marriage, since then you would then need o have been in the UK legally for five years, not three.

Have you discussed this with your solicitor/legal adviser? (I think you said that you have one?)

On a slightly separate point, the advice from the Home Office (helpline or whatever) that you need to have had ILR for a year before applying sounds wrong.

[klimov]

Christophe,
I was told my my case worker in Legacy team that I can apply for a citizenship after a year. My immigration advisor thought that we can make an application earlier then that,but his advice sounds a little too good to be true.
I am fully aware of residency requirements for easy immigration cases. and I know somebody who got BC a month later after being given ILR(marriage -student visas).
It is not easy to make a decision because understandably there are not so many people who are in my position and their timing is also just coming up.

[f2k]

to be honest IMO if you can apply in year i cannot see why you cannot apply immediately, so your immigration adviser maybe right in saying you can apply straight away.

With regards to HO Official telling you that you have to apply after 1year - did you explicitly mention that you were married to a BC? Also it may be worthwhile getting a 2nd opinion from another HO official.

[klimov]

to be honest IMO if you can apply in year i cannot see why you cannot apply immediately, so your immigration adviser maybe right in saying you can apply straight away.

With regards to HO Official telling you that you have to apply after 1year - did you explicitly mention that you were married to a BC? Also it may be worthwhile getting a 2nd opinion from another HO official.

Good question.
I did mention to my case worker that I'm in relationship, and that we planing to get married as soon as possible. It most definitely played role in granting me an ILR,since they want to see your connections to the UK etc, but on at least 2 occasions he did say that once my year is up,I can applly for a citizenship, he even advised me on getting "life in the UK" test done as soon as...
So I am inclined to take his word for it ,since he'd concluded my case.
With regards to getting a second opinion, I was hoping that perhaps some HO lawyers visit this forum
It is now clear to me that law can be interpreted either way, so thats why we see - on one hand.... and on the other hand....
Perhaps I should get in touch with my caseworker again?!

[f2k]

The law can be interpreted in different ways depending on the information you supply. the caseworker gave you information on the basis that you were NOT married to a BC which was correct at the time. Your solicitor/adviser gave you information based on the fact that you are married to a BC. this is why IMO you have different answers

[klimov]

it appears so.
I will be calling them tomorrow, and post an update, I think its an interesting question.

[malli]

i am in kind of the same situation where i claimed in 2002 and got my ILR in 2008 outside the rules and was told that i couldn't apply for NAT until 5 years time. So the question is can i really apply now?

[f2k]

i am in kind of the same situation where i claimed in 2002 and got my ILR in 2008 outside the rules and was told that i couldn't apply for NAT until 5 years time. So the question is can i really apply now?

Who told you that you can apply in 5 years time?

Also what was your status when you applied for asylum?

[malli]

hi f2k, solicitors told me this, i was overstayed by 2wks before i claim. so the question is this can i apply before?

[f2k]

i would agree with the solicitors, which is why I asked for your status b4 you applied for asylum. Basically i think because you were not legal when you applied for asylum your 'clock' only becomes 'active' the day when you stay is legalised. ie. when you got ILR. so it would be 5years from there. so it would be sometime in 2013, bearing in mind that there will be new rules next year.

[malli]

But wouldnt i get to apply on the current rule because i got the ILR before july 2011?