Naturalisation and ILR - worth Â£750 for 1 day?

Tango · Post by **Tango** » Mon Apr 23, 2007 1:16 pm

I came to the UK as one of the first batch of HSMP in May 2002

In May 2003 I recieved an extension to May 2006, which under the existing rules would have then allowed me to apply for ILR in 2006

In April 2004 I married a UK citizen (and since has a daughter who gets dual UK/Australian pretty much automatically). After we got back from honeymoon I called the IND call centre and asked which path was quicker stay on HSMP or switch to spouse visa. At that time it worked out the same so I stayed on HSMP.

Now we all know they changed the rules to 5 years, so I would have been better off by a year if I had switched when married. So instead in 2006 I then had to apply for ANOTHER extension and pay Â£300 (ish) and get LLR until May 2009.

But now I find they have almost DOUBLED the fees for ILR and naturalisation so am financially worse off as well.

So May 2007 is my 5 years and I can get ILR, but because I am married to a BC I can then immediately apply for naturalisation, but what a waste of time and money just to have 1 days' ILR!!!

So because of this 4-5 year rule change it has cost me an additional Â£300 extension, Â£34 test, Â£10 book, Â£315 increased ILR and Â£367 increased naturalisation = Â£1026.

Any way to go straight to naturalisation without ILR???

Post by **John** » Mon Apr 23, 2007 1:42 pm

Any way to go straight to naturalisation without ILR???

Sorry, no. You need to get the ILR in order to be able to apply for the Naturalisation.

Siggi · Post by **Siggi** » Mon Apr 23, 2007 2:30 pm

Tango,

You forgetting apart from the Â£950 (1 day service)for your ILR you will pay again next year Â£500 for Naturalisation and thats if the HO don't increase the fees again in April 08 or even change the rules again.

Sorry about the rant, but I too have been effected, like many other by all the changes in terms of 4 -5 yrs and the additional costs.(ancestral visa)

Tango · Post by **Tango** » Mon Apr 23, 2007 3:50 pm

I understand that there is a long-delayed application for a judicial review on this matter, but has anyone ever tried just taking a small claim forward on this? Use all the same evidence that Stephen Kong is using but leave it up to a district court judge to decide, and no legal cost risk?

Dawie · Post by **Dawie** » Mon Apr 23, 2007 3:54 pm

I understand that there is a long-delayed application for a judicial review on this matter, but has anyone ever tried just taking a small claim forward on this?

A claim on what basis? Although I am completely disgusted with the recent increases, I can't see on what point of law a small claim would succeed against the Home Office.

Tango · Post by **Tango** » Mon Apr 23, 2007 3:58 pm

point of law huh? boy getting pretty petty now aren't you!

Only one I can think of is actual losses due to a breech of contract where you show the extra costs (increased ILR and naturalisation fees etc) you were forced to pay but for their breech.

BUT that would rely on showing that a contract existed, and is where we get down to the evidence in the JR case - certainly enough documentation exists in our original HSMP applications and HO publications at that time.

Stretching it I know.... any thoughts?

Dawie · Post by **Dawie** » Mon Apr 23, 2007 4:11 pm

Bear in mind that I am playing devil's advocate now...

One thought that immediately comes to mind is that there quite simply is no contract between you and the Home Office. The law pretty much gives them the power to change the conditions of your leave at any time and likewise to change the rights and privileges you enjoy as a result of that leave. Most court cases that are won against the Home Office are as a result of human rights violations.

As far as the fee increases are concerned, you are not being forced to pay them at all. As far as the home office is concerned you have a choice...either pay the fees, or go back home.

Post by **JAJ** » Tue Apr 24, 2007 2:25 am

John wrote: Sorry, no. You need to get the ILR in order to be able to apply for the Naturalisation.

Unless married to a British citizen, in which case the "ppron method" may work:
http://www.ukresident.com/forums/index. ... opic=37084

Post by **John** » Tue Apr 24, 2007 7:22 am

You are right JAJ, amazing but true, the "ppron method" does work, as shown by a post on this Board.

olisun · Post by **olisun** » Tue Apr 24, 2007 1:51 pm

John wrote:You are right JAJ, amazing but true, the "ppron method" does work, as shown by a post on this Board.

But doesn't it ONLY work for a dependant (spouse) of british citizen?

Post by **John** » Tue Apr 24, 2007 4:40 pm

As I read the logicality of the "ppron method" the important aspect is that the application is made under section 6(2) ... as the spouse (or Civil Partner) of a British Citizen. I don't think it matters what type of visa is actually held, as long as the person has been in the UK legally.

Ppron747, if you are reading this, could you clarify please. (Unfortunately Ppron474 does not appear to have posted on any Board since January, so I do hope they are OK!!!)

Post by **JAJ** » Wed Apr 25, 2007 1:43 am

olisun wrote:
John wrote:You are right JAJ, amazing but true, the "ppron method" does work, as shown by a post on this Board.
But doesn't it ONLY work for a dependant (spouse) of british citizen?

Spouse or civil partner of a British citizen. Unmarried partner does not count.

Post by **JAJ** » Wed Apr 25, 2007 1:43 am

John wrote:As I read the logicality of the "ppron method" the important aspect is that the application is made under section 6(2) ... as the spouse (or Civil Partner) of a British Citizen. I don't think it matters what type of visa is actually held, as long as the person has been in the UK legally.

That is basically correct, allowing for some technical exceptions like diplomats and visiting forces.

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Naturalisation and ILR - worth Â£750 for 1 day?

Naturalisation and ILR - worth Â£750 for 1 day?