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ILR Approved, Backdates and British citizenship

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

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Modenine
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ILR Approved, Backdates and British citizenship

Post by Modenine » Wed Apr 10, 2019 3:31 pm

Please is there possibility for one to apply for British Citizenship after the ILR was delayed by HO for close to 3 years? Here is my timeline

ILR application refused in 2016 due to deception claims by HO
JR Hearing Oct 2017
Judge's Decision Dec 2018 (JR case won)
2019 (ILR) approved

I look forward to getting advise as regards whether I can make an application for British Citizenship straight away or do l have to wait for one year. Also can the ILR letter be backdated considering l have had continous legal stay (over 12years) after l won my JR and ILR was approved.

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CULLINAN
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Pakistan

Re: ILR Approved, Backdates and British citizenship

Post by CULLINAN » Wed Apr 10, 2019 7:48 pm

You will have to stay on ILR for at least 12 months from the date of approval letter or BRP date unless you are married to a British Citizen.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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bizman
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Re: ILR Approved, Backdates and British citizenship

Post by bizman » Wed Apr 10, 2019 9:41 pm

You need to wait for 12 months unless your spouse is BC
Bizman

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zimba
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Re: ILR Approved, Backdates and British citizenship

Post by zimba » Wed Apr 10, 2019 9:42 pm

You may be able to benefit from discretion applied to the requirements of the section 6(1):
Applicants under section 6(1) who have not been free of immigration time restrictions for 12 months

Applicants under section 6(1) of the 1981 act are also required to have been free of immigration time restrictions for the remainder of this period. There is however discretion to waive this requirement. Discretion to disregard immigration time restrictions in the 12 months prior to application can be exercised if....

•the applicant made an application for ILR at least 15 months before the citizenship application, and was granted following a delay which was not their fault
https://assets.publishing.service.gov.u ... 3.0ext.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

masterpeas
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Joined: Sun Apr 17, 2011 9:07 pm
Vietnam

Re: ILR Approved, Backdates and British citizenship

Post by masterpeas » Wed Apr 10, 2019 10:00 pm

Modenine wrote:
Wed Apr 10, 2019 3:31 pm
Please is there possibility for one to apply for British Citizenship after the ILR was delayed by HO for close to 3 years? Here is my timeline

ILR application refused in 2016 due to deception claims by HO
JR Hearing Oct 2017
Judge's Decision Dec 2018 (JR case won)
2019 (ILR) approved

I look forward to getting advise as regards whether I can make an application for British Citizenship straight away or do l have to wait for one year. Also can the ILR letter be backdated considering l have had continous legal stay (over 12years) after l won my JR and ILR was approved.
Congrats!! it seems so many cases have been finalised with success! my case was put on hold on JR awaiting for the court of appeal result. not sure when I can hear from HO... how did you overturn them on JR? strong case? I found judges have various understanding and hence results were all different.

secret.simon
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Re: ILR Approved, Backdates and British citizenship

Post by secret.simon » Thu Apr 11, 2019 12:43 am

masterpeas wrote:
Wed Apr 10, 2019 10:00 pm
I found judges have various understanding and hence results were all different.
Depends on the basis of the ILR application (spousal, PBS, Long Residence, etc), the evidence adduced, the arguments of counsel, etc. Too many variables.
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.

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