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ILR Approved, Backdates and British citizenship
Posted: Wed Apr 10, 2019 4:31 pm
by Modenine
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.
Re: ILR Approved, Backdates and British citizenship
Posted: Wed Apr 10, 2019 8:48 pm
by CULLINAN
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.
Re: ILR Approved, Backdates and British citizenship
Posted: Wed Apr 10, 2019 10:41 pm
by bizman
You need to wait for 12 months unless your spouse is BC
Re: ILR Approved, Backdates and British citizenship
Posted: Wed Apr 10, 2019 10:42 pm
by zimba
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
Re: ILR Approved, Backdates and British citizenship
Posted: Wed Apr 10, 2019 11:00 pm
by masterpeas
Modenine wrote: ↑Wed Apr 10, 2019 4:31 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.
Re: ILR Approved, Backdates and British citizenship
Posted: Thu Apr 11, 2019 1:43 am
by secret.simon
masterpeas wrote: ↑Wed Apr 10, 2019 11:00 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.