Nat. Question Urgent (honestly couldn't find the answer)

Dear All,

Real big pickle here. I was granted ILR last year based on 10 yrs legal residence as a student. However in september 2005 in my 9th year my visa was rejected on the grounds that the school I went to isn't on the list of DFES education providers (The idiot officer apparently couldn't read). The appeal was allowed and I was granted the stamp in Feb 2006.

I was reading the guidance notes for the naturalisation application form from the following link

http://www.ind.homeoffice.gov.uk/6353/1 ... idean1.pdf

if you notice on page 16 section 2.1 it states the following:

2.1 Enter the day you first arrived with a view to staying in the uk ..... that part is fine and I meet those requirements. Now the interesting part

the 2nd paragraph goes:

If you came to the Uk as an asylum seeker and/or illegal entrant (you entered clandestinely) you must have evidence that you were here legally during the residential qualifying period. You may have been in breach of immigration law during the residential qualifying period if you had exhausted all your appeal rights and had not left the country even if you were subsequently given indefinite leave to remain as a concession. If you were not covered by temporary leave during the whole residential qualifying period while appeals were under consideration, then your application will fail on breach of immigration conditions. Just because you were granted indefinite leave to remain does not mean that we will automatically disregard the time you were in breach of immigration law during the residential qualifying period

The part I have highlighted is scaring the living daylights out of me as I did't have a visa from sep'05 to feb'05 does that mean I was in breach or is the above paragraph only for asylum seekers and illegal entrants.(I've typed the second part word for word from the site). Please advise me as I was planning to apply on Thursday. If this is applicable to everyone do in need to wait a further 5 years from feb'o6. Please advise guys I'm going out of my mind here

But you didn't enter the country as an asylum seeker or illegally so the part you highlighted has nothing to do with your situation

You might want to double-check, but I would think that remaining in-country while you have an appeal pending would not mean you were in breach of immigration rules.

Also, and I defer to the experts on this site, but getting ILR based on 10 years legal residence I think is in the Immigration Rules, not given as a consession.

HHH99 wrote:The appeal was allowed

Did you appeal immediately after the refusal and also did you have LTR to cover the time between the rejection and appeal?

If yes then you shouldn't have any problem...

Experts can comment on this.

No i did not have leave to reamain while my appeal was being processed however I did apply for appeal immediately after it was rejected