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British Citizenship WITHOUT ILR

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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cloud123
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British Citizenship WITHOUT ILR

Post by cloud123 » Tue Jan 17, 2023 1:49 pm

Hi All,

I hope you are all good.

I always wonder if there is anyway a person could apply for naturalisation without indefinite leave to remain.

I found today a piece of information from the government website that says,

"A person who is outside the UK is, by definition, not subject to any restriction under the immigration laws on his or her maximum length of stay in the UK. However, the Home Secretary will normally refuse an application made outside the UK where it appears that the main reason for making the application in this way was to avoid the requirement about immigration restrictions. If you make your application overseas but would have had only a conditional right to remain in the UK on the date of application if you had remained here, your application is unlikely to succeed."

Can this actually work? Has anybody done this before? How could this be done?!

Thank you!

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CR001
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Re: British Citizenship WITHOUT ILR

Post by CR001 » Tue Jan 17, 2023 2:04 pm

You are required to have ILR if this question related to yourself who had or has refugee leave to remain. Is this also related to your previous questions about moving to another EU state?

There is no shortcut route for those with limited leave to remain.

Without posting the link to the source of the bit you quote, it is difficult to understand the full context of the paragraph.
Char (CR001 not Casa)
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alterhase58
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Re: British Citizenship WITHOUT ILR

Post by alterhase58 » Tue Jan 17, 2023 2:38 pm

This passage looks like it comes from:
Form B(OTA): guidance (accessible version)
https://www.gov.uk/government/publicati ... le-version

"Guide B(OTA)
Registration as a British citizen – A guide for:
British Overseas Territories citizens
British Nationals (Overseas)
British Overseas citizens
British subjects
British protected persons
28 June 2022"
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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CR001
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Re: British Citizenship WITHOUT ILR

Post by CR001 » Tue Jan 17, 2023 2:45 pm

alterhase58 wrote:
Tue Jan 17, 2023 2:38 pm
This passage looks like it comes from:
Form B(OTA): guidance (accessible version)
https://www.gov.uk/government/publicati ... le-version

"Guide B(OTA)
Registration as a British citizen – A guide for:
British Overseas Territories citizens
British Nationals (Overseas)
British Overseas citizens
British subjects
British protected persons
28 June 2022"
So not applicable to the OP at all in any way.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

cloud123
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Re: British Citizenship WITHOUT ILR

Post by cloud123 » Tue Jan 17, 2023 6:32 pm

CR001 wrote:
Tue Jan 17, 2023 2:04 pm
You are required to have ILR if this question related to yourself who had or has refugee leave to remain. Is this also related to your previous questions about moving to another EU state?

There is no shortcut route for those with limited leave to remain.

Without posting the link to the source of the bit you quote, it is difficult to understand the full context of the paragraph.
Thank you for your reply.

Here is the link,

https://www.gov.uk/government/publicati ... bookmark17

Yes, I am a refugee, married to a British citizen and have kids, I entered the UK 8 years ago with a refugee document from the EU, I didn't know I needed a visa. I applied for leave to remain and received it 7 years ago (10 year route), then got refugee status 2 years ago.

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CR001
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Re: British Citizenship WITHOUT ILR

Post by CR001 » Tue Jan 17, 2023 6:45 pm

You need ILR first. There is no shortcut route where you can avoid ILR.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

secret.simon
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Re: British Citizenship WITHOUT ILR

Post by secret.simon » Tue Jan 17, 2023 8:38 pm

To naturalise as a British citizen, you also need to meet the future intentions requirement, which is the very next section in the document that you linked to above.
If, when you apply, you indicate you are abroad or intend to go abroad for a continuous period of more than 6 months, please note your application will usually be unsuccessful, unless:

you are undertaking voluntary work such as with the Voluntary Service Overseas (VSO)
you are undertaking studies, training, or employment abroad which is necessary to pursue a UK based profession, vocation or occupation
the absence forms part of an established pattern, such as in relation to employment at sea, and you are primarily based in the UK
Note that naturalisation is a procedure at discretion, which means that the Home office is not obliged to naturalise you. If you apply without ILR, it will very likely ask you to provide compelling reasons as to why the normal requirements of having ILR should be set aside for you to be naturalised without ILR, given that ILR normally bestows most of the rights that a British citizen has within the UK.

If you find a loophole, always think: why is everybody else not using this loophole? There is generally a good reason for such silence.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

vinny
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Re: British Citizenship WITHOUT ILR

Post by vinny » Thu Jan 19, 2023 6:20 am

The Guidance had closed a previous loophole for spouses of British citizens
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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