Citizenship after refugee ILR

iyadsalti wrote: ↑

Sun Apr 04, 2021 5:41 pm

Hi,
I am asking this question on behalf of a friend. They hold an ILR (refugee settlement). When they came to the UK, they came by air (not from EU) using a valid UK visit visa. Nevertheless, as soon as they reached UK airport, they seek-ed asylum and was granted refugee status from the first application (same with the ILR).
The question is, are they considered as have arrived to the UK illegally? would that affect when they can apply for naturalisation? their plan is to apply in Nov-2021 after 1 year of ILR, and 5 years of legal stay in the UK.
Thank you

iyadsalti wrote: ↑

Sun Apr 04, 2021 5:41 pm

Hi,
I am asking this question on behalf of a friend. They hold an ILR (refugee settlement). When they came to the UK, they came by air (not from EU) using a valid UK visit visa. Nevertheless, as soon as they reached UK airport, they seek-ed asylum and was granted refugee status from the first application (same with the ILR).
The question is, are they considered as have arrived to the UK illegally? would that affect when they can apply for naturalisation? their plan is to apply in Nov-2021 after 1 year of ILR, and 5 years of legal stay in the UK.
Thank you

iyadsalti wrote: ↑

Sun Apr 11, 2021 12:01 pm

Hi all, a question from the refugee friend I am helping: when granted ILR (Refugee) they applied for Home Office Travel Document, and as part of that application, they sent their national passport (expired in 2019) to Home Office. Due to covid-19 situation, the Home Office didn't process yet their Travel Document application yet, so they don't have neither their national passport, nor a UK travel document.

The question is, how this situation of not having any travel document could affect their Naturalisation application? would they need that as evidance for something?

Thanks

If there are gaps in a person’s evidence of residence and it is clear from the information available that they could not have travelled, you must accept this. Examples of this might include a refugee who has no means of travel or where immigration records confirm continuous residence.

CULLINAN wrote: ↑

Sun Apr 11, 2021 12:07 pm

iyadsalti wrote: ↑

Sun Apr 11, 2021 12:01 pm

Hi all, a question from the refugee friend I am helping: when granted ILR (Refugee) they applied for Home Office Travel Document, and as part of that application, they sent their national passport (expired in 2019) to Home Office. Due to covid-19 situation, the Home Office didn't process yet their Travel Document application yet, so they don't have neither their national passport, nor a UK travel document.

The question is, how this situation of not having any travel document could affect their Naturalisation application? would they need that as evidance for something?

Thanks

No need. As long they have a valid ILR BRP they do not need a travel document or a passport. However, select the correct options in the AN form (select NO and proceed accordingly as the form will ask about expired or copies etc). Answer properly as circumstances be.

Since they were a refugee, HO should check their own records to prove their continuous residence. They did not have any means to leave/enter UK without a valid travel document. Add the following guidance in the cover letter, otherwise sometimes they ask for alternate proof of residence. To avoid delays, best to add the guidance.

If there are gaps in a person’s evidence of residence and it is clear from the information available that they could not have travelled, you must accept this. Examples of this might include a refugee who has no means of travel or where immigration records confirm continuous residence.

Thank you so much - brilliant as always. Is there any specific legal langauge they must use in the cover letter to refer to the above guidance?

Page 15:
https://assets.publishing.service.gov.u ... 7.0ext.pdf

Thank you so much - brilliant as always. Is there any specific legal langauge they must use in the cover letter to refer to the above guidance?