Archive » United Kingdom » Naturalisation
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| jayjay Junior Member Member # 7432 | Posted January 11, 2004 10:09 PM Dear All, I'd appreciate your help with our case. I'm on a spouse visa (12 months) which is due to expire at the end of July 2004. I have a number of questions about my application. I want to apply for ILR at Croydon. What is the earliest date I can apply in person (or would you suggest I apply by post?) What time should I get to Croydon for in the morning to ensure I get seen? Finally, I'd like to apply for naturalisation afterwards. I read that I have to show I've been here legally for three years. The thing is, I applied with my family for asylum about seven years ago and then got married to a UK citizen two and a half years ago. So will I be able to apply for naturalisation straight away - or will the period I was a dependent on asylum application not be counted in the 3 years. Thank you for your help. Jayjay |
| Thorsten von Thyssen Member Member # 4397 | Posted January 15, 2004 10:28 AM 1. The earliest date: one month before your visa expires (I guess end of June). 2. In person / postal: It's a matter of pesonal preference. If you make a postal application you save £95 but your application might take longer to process (upto 3 weeks). 3. Nowdays, there is no need to be at Croydon at 4:00 AM anymore. You can be there at 11:00 and still be seen. 4. Don't count on your asylum status. Because if refugee / ELR status is not granted then you will not be deemed as lawfully resident here (failed asylum seeker). In any case to get citizenship your last 12 months residence must be with ILR status (no time limits). [ January 15, 2004: Message edited by: Thorsten von Thyssen ] -------------------- ----------------------------------- |
| Kayalami Member Member # 5984 | Posted January 15, 2004 12:07 PM TVT - good to see you again dude/dudette. Just to add to your comments to jayjay re naturalisation: 1. An ILR holder married to a British Citizen and who meets the residence criteria for naturalisation can apply for naturalisation upon grant of ILR - no need to have held ILR for 12 months. 2. The person must not have been in breach of the immigration laws i.e. an overstayer or abused conditions attached to such as illegal working. By default this means that one would normally have to hold leave (permission) to stay in the UK throughout the 3 yr residence period in the form of a visa issued abroad, a leave to enter stamp issued at a UK Port of Entry or a leave/further leave to remain stamp issued by the Home Office. Further the person must have not breached the conditions attached to that visa e.g if it was a student did not work full time in a formal profession. Technically you appear to have never held any formal leave (you do not tell us your status before applying for asylum nor the outcome of your asylum application if any and when this was). 3. The Secretary of State for the Home Office has discretion to review the matter of residence in naturalisation applications if he beleives that special circumstances apply in your case. I would advise you to seek legal help on this matter so that your circumstances are clearly and well presented such that discretion can be applied in your case for a naturalisation application in July 2004 upon obtaining ILR. Failing this you would have to wait till July 2006 to apply for naturalisation (3 yrs from July 2003 when you got the probation visa and hence formal leave) based on your still subsisting marriage to a BC. 4. Anyone giving immigration advise must be registered with the Office of the Immigration Services Commissioner unless otherwise exempted. Exempt groups include selcet charitable organisations and qualified lawyers details of whom can be found from the Immigration Law Practioners 5. As a side issue jayjay note you have been quite lucky to have been granted a 12 mth probation visa in July 2003 given that the Home Office extended the period to two years for applications from 1 April 2003 ie. you should have got a visa to July 2005. Perhaps this luck will continue with your naturalisation application. Is there a reason why you did not apply for a spouse visa 2.5 yrs ago or has it taken until last July for it to be issued? Good Luck [ January 15, 2004: Message edited by: Kayalami ] -------------------- ---audi alteram partem--- |
| jayjay Junior Member Member # 7432 | Posted January 15, 2004 09:57 PM Dear All, thank you very much for your responses. Let me give you some more informations. When we applied for asylum over seven years ago I was coming here with my parents. No decision was made and eventually I met my husband, about four years ago and we got married 2 1/2 years ago in 2001. We applied FLR(M) just after we married, but then but heard nothing until we got the probation in July of 2003. My parents, they are still waiting for their asylum decision to be made. Perhaps is impossible to ask, but do you think they will be ok? Also, do you really think the period I have been here (over seven years) wont be takin to account if I apply for naturalisation after I get ILR? After all, it was not my decision to come and apply for asylum but my parents decsiion and I didnt just come here to get married as I only got marrid about three and half years after I got here. thank you very much for your help. jayjay. |
| Kayalami Member Member # 5984 | Posted January 16, 2004 03:39 PM 1. The Home Office at the end of last year announced a policy which it categorically denied being an 'amnesty' to families who claimed asylum more than three years ago and whose applications are still outstanding whereby it has decided to grant them Indefinite Leave To Remain in the UK. This was primarily because any adverse decisons attracted strong rights of appeals with accompanying substantial legal costs to the taxpayer under the previous Immigration Acts that have been eroded by the latest NIA Act 2002. 2. From the details you provide it appears that your family may have been granted such 'relief'. The HO will write to all relevant people. You need to get in touch with your lawyer and find out what your status is - you got to do some leg work which the board can't do for you. Perhaps the HO have written to you already - have you notified them of your adresses every time you have moved or of any change in legal representative? In any case I suspect you may have aged out from inclusion in the family policy. 3. If you have no legal representation note that writing to the HO in person is frustrating. They tend to ignore letters because no particular person can be pinpointed to have received the letter. You can ask in writing and upon payment of 10GBP for any data IND hold on you under the data protection act but even then expect delays of up to 3 months. Even if you receive your file it will probably state that your application is pending with a caseworker or worse is awaiting issuance to a caseworker and is still in a queue . 4. I repeat again - your time spent as an asylum seeker inclusive of that time where no formal leave was held before the grant of probation visa will NOT be considered towards the residence requirement for naturalisation. If it is then this will be on a discretionary basis by the Secretary of State and even then you must request for such consideration and put forward a strong case being amongst other things that you had no influence in claiming asylum as a minor, delays in deciding the asylum application etc. Get a lawyer for this one. Did you use a lawyer for the FLR(M) - the delay from 2001 to issue of probation in June 2003 is astounding. You should have got married left the country and applied for a spouse visa which would have been isued in one day where all the correct paperwork was held - anyway that's done so lets focus on the now. 5. Failing early naturalisation with compassionate consideration as in 3 you must wait till 2006 as previously advised. [ January 16, 2004: Message edited by: Kayalami ] -------------------- ---audi alteram partem--- |
| jayjay Junior Member Member # 7432 | Posted January 16, 2004 10:03 PM Thank you so much Kalayami. I actually heard about the concession but I'm now over 18 and an immigration lawyer told me I do not qualify...shame. I did not apply for FLR(M) through lawyer but did this myself. I was told that it took long time because I applied to change from asylum to marriage but do you think time taken was still very long? I really would like to get Naturalisation as soon as I can and it seems unfair that I cannot count the years I spent on asylum. As I said, I came here and this was not my decision to come. Is there any other things I can say to try to get discretion decision in my favour? Thank you again for all of your help! |
| jayjay Junior Member Member # 7432 | Posted January 18, 2004 12:42 PM Dear K, There was one more issue I wanted to ask about. When I came to the country in summer 1996 it was with my parents and grandmother. My grandmother has since received exceptional leave to remain, but my parents have still not got any decision on their case (they haven't heard anything from the homeoffice despite always notifying them of changes of address and remaining with the same legal representatives all this time). My name was taken out of their case after I got married and received a spouse leave to enter. Anyway, when we heard about the latest concesion policy we were very happy at first, but then realised that my parents won't qualify because I am over 18 now. However it seems really unfair that after 7 and a half years in the country with no decision on their application they still won't be granted ILR. What do you think is the likely outcome of their application? Have they got enough ground for appeal based on the delay and other members of the family settling in the UK? I really appriciate all the advice you've given me so far. Jayjay |
| Kayalami Member Member # 5984 | Posted January 18, 2004 03:31 PM 1. I am not in a position to comment on the success or otherwise of the asylum applications in question because I do not have all the details of the case to hand i.e. what are the gounds for asylum, how do this relate to the Geneva convention for refugees, what was said at the substantive interviews etc. Further note that asylum is very much based on the perception by the Home Office of the aplicant's credibility as opposed to other immigration applications which are decided on the basis of their meeting the immigration rules. 2. The HO have rejected your grandmother's asylum application but granted her ELR whereas they have not made a decision on your parent's application. Note that unless you withdrew your asylum application in writing then it still requires the HO to make a decision on it. However informing the HO of any cahnges of address and/or legal representatives which you have done is correct. 3. INMHO your desire to get expedited naturalisation is not likely to be successful. You would have to seek competent legal advise to gather all the facts of your case and put forward a request for discretion on the matter of meeting the residence requirement. AFAIK the HO tends to award discretion on the matter of residence requirements in the most compassionate of circumstances and having existing leave in a category leading to settlement as you have is regretably not in this category. -------------------- ---audi alteram partem--- |
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