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Residence permit to citizenship for my family

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nhamo10
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Joined: Sun Feb 21, 2010 2:48 pm

Residence permit to citizenship for my family

Post by nhamo10 » Sun Feb 21, 2010 3:16 pm

Could someone please help.I have residency permit(indefinite leave to remain) since 2008. This was granted outside the immigration rules so the paper from the home office states. My issue is can I apply for a British passport (CITIZENSHIP) Because I need to travel outside the UK. Someone advised me that I should apply for my home country passport Zambia if I need to travel ,if I fail ,to apply for a British passport and if they refuse to contest the reasons why. The home office confiscated my Zambian passport way back in 2003 and have not heard from them since despite application to have that one returned.I need to travel in August 2010. MOST APPRECIATE YOUR REPLIES.

f2k
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Location: London

Post by f2k » Sun Feb 21, 2010 4:27 pm

in ordert to apply for naturalisation (citizenship), you need to have been legally present in the UK for at least 5 years with at least 1 year on ILR, or if you are married to a British citizen its 3years and have ILR. Only after you successfully complete the naturalisation process can you then apply for a British passport.

If you do not meet the above requirement and need to travel then i suggest that you seriously look at applying for another Zambian passport.

Under what categorry did you apply for ILR and what was your status just before you apply. also when did you apply

Rozen
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Location: Nederland

Post by Rozen » Sun Feb 21, 2010 4:33 pm

Your Zambian passport which was confiscated from you in 2003, is probably of no use to you anyway (in terms of travel).
Zambia introduced 'new model' passports in 2008.
The deadline for using 'old model' passports (expired or not) has long since passed!

nhamo10
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Joined: Sun Feb 21, 2010 2:48 pm

Post by nhamo10 » Mon Feb 22, 2010 7:12 am

f2k wrote:in ordert to apply for naturalisation (citizenship), you need to have been legally present in the UK for at least 5 years with at least 1 year on ILR, or if you are married to a British citizen its 3years and have ILR. Only after you successfully complete the naturalisation process can you then apply for a British passport.

If you do not meet the above requirement and need to travel then i suggest that you seriously look at applying for another Zambian passport.

Under what categorry did you apply for ILR and what was your status just before you apply. also when did you apply
I have applied for a Zambian passport in 2009 and been denied....amongst the main reasons were that I need to surrender my old Zambian passport.I wrote to them stating that the UK Home Office had my old passport.They then wrote to me saying that I should apply for a British one instead. I have been an asylum seeker since 2004.When they granted me ILR they were responding to the application of 2004. What surprises me is that my children born here were issued with British passports when I applied last year.It seems I am stuck here and cannot travel anywhere.The jobs I had got all need passports.I cannot even get a green refugee passport as I am not a recognised refugee.My case was dealt outside the immigration rules they wrote to me (family case resolution).

f2k
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Joined: Mon Sep 13, 2004 6:14 pm
Location: London

Post by f2k » Mon Feb 22, 2010 2:29 pm

before you applied for asylum where you here legally? was this before your visa / leave to remain expired?

For your kids they got their British citizenship because since they were born in UK they become eligible the day the parent gets ILR.

What about your spouse what is their status, do they have the same problem or it is just you

nhamo10
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Joined: Sun Feb 21, 2010 2:48 pm

Post by nhamo10 » Mon Feb 22, 2010 8:08 pm

f2k wrote:before you applied for asylum where you here legally? was this before your visa / leave to remain expired?

For your kids they got their British citizenship because since they were born in UK they become eligible the day the parent gets ILR.

What about your spouse what is their status, do they have the same problem or it is just you
When I applied for asylum my visa had expired.My wife is in the same situation although she applied for asylum at point of entry 2002.....all our asylum applications were however refused, but the letter from the home office case resolution directorate granting us ILR was responding to the 2004 application.I understand someone with dependants ,asylum application remains active until removal from the UK. So it seems it was still active. Could you shed some light whether as an asylum seeker you are considered as having legal right of abode (stay) if that is the case then could I count the 5 years from 2004 when my asylum application was received by the home office?

f2k
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Joined: Mon Sep 13, 2004 6:14 pm
Location: London

Post by f2k » Tue Feb 23, 2010 2:43 pm

because you applied after your visa expired and were therefore illegal at the time, i think you only start counting on the date that you were issued ILR.

Your best bet might be to ask the Zambian authorities to issue you another passport which will be difficult cause they are undoubtly unhappy at the fact that you applied for asylum.

In any case you may want to speak to an experienced immigration and human rights lawyer

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