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British Naturalisation...Calculating the 5yrs???

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Alias
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British Naturalisation...Calculating the 5yrs???

Post by Alias » Sun Nov 19, 2006 7:35 pm

Hello everyone - i'm a Newbie and i hope some of you folks will be able to answer my query. I'm helping a friend do his British Citizenship [Naturalisation] application. Please help me work out if he's completed his 5yrs legal UK Residence yet as the Home Office seem very fussy about this in the guidance notes which accompany the form.

-he first arrived in UK on 01/11/2001
-the HO had received his political Asylum application by 06/11/2001
-he was granted full Refugee status and ILR [indefinite leave to remain] on 21/01/2002

Now my confusion is on whether we calculate the 5yrs of the required continuous LEGAL Residence from the date he became an acknowledged Asylum-seeker [06/11/2001] OR the date he was actually granted his ILR as a Refugee [21/01/2002]???

Your advice/info will be gratefully appreciated, especially from all who've gone through a similar process - please bear with me if my question seems silly or obvious...i'm only writing the application on my friend's behalf!! Cheers.





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John
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Post by John » Sun Nov 19, 2006 7:58 pm

-he first arrived in UK on 01/11/2001
-the HO had received his political Asylum application by 06/11/2001
It is necessary to clarify the following ..... It is not totally clear from the above whether he applied for Asylum immediately he arrived? Or did so 5 days later?
John

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Post by Kayalami » Sun Nov 19, 2006 9:05 pm

Newbie wrote:-he first arrived in UK on 01/11/2001
What was the basis of his entry i.e. visa status? This determines the legality of his stay and its consideration as legal.

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Post by Alias » Mon Nov 20, 2006 8:38 am

@ John and Kayalami...thanks so much for your replies guys: to answer you both - my friend was trafficked into the UK in a truck [yes, i know :shock: :lol: ] and dumped at Dover on 01/11/2001: he immediately went to the police who took him to the Refugee Action who then helped him to make his Asylum claim. So yes, he claimed straight away, not after 5days - i guess it just took a few days for him to show up in the H/Office system, LOL.

We've just been getting conflicting advice from friends on whether he has or hasn't completed his 5yrs yet...if we count from 06/11/2001 [he was now an acknowledged Asylum-seeker here] yes, but if we count from the date of his Refugee status being granted, i.e his ILR [21/01/2002] he still has a few weeks to go.

Again, my apologies if this seems an obvious or even trivial question, but the H/Office stress in their guidance notes that if the application is submitted too early [even by 1 day??!] the whole Naturalisation may be refused or the application returned.

I guess my question is really that i don't know whether or not the time while he was still an Asylum-seeker [between 6 Nov '01 up to 21 January '02] counts towards the 5yrs LEGAL residence in this country that's required.

Many thanks again.

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Post by John » Mon Nov 20, 2006 10:38 am

OK, this is how I see it. The status from 06.11.01 to 21.01.02 it exactly the same as the status from 01.11.01 to 06.11.01. That is, if he was legal during that 5 day period then he stayed legal after making the application. Conversely, if illegal during the 5 day period, then merely making the application does not make him legal. At the very least there is doubt whether he was legal during the 5 day period.

Given the short time from now until 21.01.07 ... the 5th anniversary of when he definitely became legal ... I think the comment must be that he should wait until just after 21.01.07 before making the application. In other words, why take a risk?

By the way, has he already passed the Citizenship Test? Clearly a pass certificate from that test is needed, whenever he applies.
John

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Post by Alias » Mon Nov 20, 2006 2:25 pm

John wrote:
Given the short time from now until 21.01.07 ... the 5th anniversary of when he definitely became legal ... I think the comment must be that he should wait until just after 21.01.07 before making the application. In other words, why take a risk?
I actually agree with your comment John that he should err on the side of caution and wait the few weeks to the 21st of January - i'll tell him some clever people told me on the internet as he won't believe ME. :lol:

Anyway, also just want to say this is such a fab forum - i've been reading from the sidelines for some time now and i'm learning sooo much - you guys are all super people. God bless & good luck to everyone!!

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