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Am i eligible to apply for British Citizenship ?

Posted: Sun Jul 28, 2019 8:20 pm
by Happy707072
Hello All,

I would like to thank everyone for their support on this forum. It is a great forum.

This is first time on this forum and require advise if I am eligible to apply for British Citizenship.

Here below is the outline of my immigration case:

- I was married to a British citizen. She sponsored me to come to the UK in August 2008. Spouse visas valid from August 2008 to August 2010. The relationship resulted in domestic violence and we separated 6 months prior to the expiry date of spouse visa. The police were called on the day when domestic violence took place.

- I applied on set DV form for indefinite leave to remain 28 days (July 2010) before the expiry of spouse visas. HO replied to my application in November 2010 that my application is invalid as I used the wrong form. By the time HO replied to my application, my leave had also already expired. Within one week of receiving the response from HO, I submitted another application for indefinite leave to remain. HO did not approve my 2nd application in February 2011 and no appeal was given. I stopped working as soon as they rejected this 2nd application.

- I was asked HO to start reporting to reporting centre from February 2011. I did not miss any reporting and one time when I to report, they took detained me in a detention centre for 4 days. I was given one way ticket to go back to my country. While I was in detention centre , my family arranged for a solicitor and that solicitor was good to find one point on the law which allowed me to get an appeal in the country. I was released from the detention centre.

- 1st appeal was allowed in June 2011 in first tier tribunal. The judge dismissed the appeal. The solicitor wrote to HO for reconsideration as the first judge had not acknowledged that I had a private and family life in the UK. My appeal was allowed again in to upper tribunal as the first tier tribunal judge had made an error in the law. The 2nd appeal was in November 2011 where the Judge allowed the appeal on the basis that I did have private life in the UK and domestic violence was reported . A police report was given to the Judge and it did confirm that my ex partner had a bad behaviour me and this was considered domestic violence. The judge allowed the appeal.

- I was given the first 3 years of DLR visas in October 2012. I started to work again from January 2013. I made an intime application for DLR visa extension in October 2015. I was given another 3 years DLR visas. After completing 6 years of DLR visas In October 2018, I applied for ILR through premium service which I was given. I currently have ILR. From what I have read , one is eligible to apply for British Citizen after 12 months of holding ILR. I have passed and completed B1 English test and Life in the UK test.

Can someone please let me know what is the step to apply for naturalisation and British Citizenship.

Thank you in advance.

Re: Am i eligible to apply for British Citizenship ?

Posted: Sun Jul 28, 2019 8:27 pm
by CR001
You will likely only qualify in October 2022, 10 years after you legalised your stay when your DLR was granted.

Re: Am i eligible to apply for British Citizenship ?

Posted: Sun Jul 28, 2019 8:47 pm
by Happy707072
Thank you cr001.
I am confused why will I have to wait till October 2022? I understand that one can apply for British citizenship after 12 months of ILR?

Re: Am i eligible to apply for British Citizenship ?

Posted: Sun Jul 28, 2019 8:51 pm
by CR001
You need to meet the good character requirement and you would likely fail that due to the period of overstay you.

Citizenship laws are completely independent and separate to immigration rules.

Re: Am i eligible to apply for British Citizenship ?

Posted: Sun Jul 28, 2019 8:59 pm
by Happy707072
Thank you cr001.

Am disappointed that I have to still wait for another 3 years to apply for British citizenship.