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Hi i leave in uk since 2003. My husband hold a olr since 2000. My children are all british . They are 11 . 8 and 4. On 2014 i was granted derivative residence under zambrano. Sept 2019 i was granted settled status ilr under eu. I am asking if i can apply for citizenship this september coming and what do i need. I done life in the uk test and i book med b1 for August.
Thanks guys. Really appreciate it

What was your immigration status through the last 10 years?

Touba21 wrote: ↑

Wed Jun 03, 2020 2:51 pm

Hi i leave in uk since 2003. My husband hold a olr since 2000. My children are all british . They are 11 . 8 and 4. On 2014 i was granted derivative residence under zambrano. Sept 2019 i was granted settled status ilr under eu. I am asking if i can apply for citizenship this september coming and what do i need. I done life in the uk test and i book med b1 for August.
Thanks guys. Really appreciate it

Touba21

Big congratulations to you and many happy life afterwards.

To your question, it is a big YES YES YES. After the exact date and year that you were granted.

The good thing about ZAMBRANO SETTLED STATUS is that they only give it to you when you have typically spent 5 years in the UK. The law say you usual have live here legally for 5 years and extra 12 months before you can that is if you are given settled status.

So come August a year and a day after you were granted you could apply for naturalisation. If you have children who haven't got BC, they can register now under sec 1(3). They dont need to wait 12 months.

If your husband is a British citizen, you dont need to wait a year to apply for naturalisation

You have to fill Form AN and get 2 referees to countersign.

Bless

snooky wrote: ↑

Wed Jun 03, 2020 5:17 pm

If you have children who haven't got BC, they can register now under sec 1(3).

Only if born in the UK and it seems that the children are already British.

Touba21 wrote: ↑

Wed Jun 03, 2020 2:51 pm

My children are all british .

snooky wrote: ↑

Wed Jun 03, 2020 5:17 pm

If your husband is a British citizen, you dont need to wait a year to apply for naturalisation

User has said that the husband already has ILR. That suggests that he is not British.

Touba21 wrote: ↑

Wed Jun 03, 2020 2:51 pm

My husband hold a olr since 2000

snooky wrote: ↑

Wed Jun 03, 2020 5:17 pm

So come August a year and a day after you were granted you could apply for naturalisation

Keep in mind that the good character requirement looks at the past ten years of residence in the UK. So if the OP has any period of illegal residence in the UK in the past ten years, she will not be successful in her application, even if she meets the residence requirements.

Hi
From 2003 to 2014 i didnt have any status. I was illegal. Is that a problem then. My kids are all British. I just want to finish that or should my husband applied first. We wanted to do it together

secret.simon wrote: ↑

Wed Jun 03, 2020 6:46 pm

snooky wrote: ↑

Wed Jun 03, 2020 5:17 pm

If you have children who haven't got BC, they can register now under sec 1(3).

Only if born in the UK and it seems that the children are already British.

Touba21 wrote: ↑

Wed Jun 03, 2020 2:51 pm

My children are all british .

snooky wrote: ↑

Wed Jun 03, 2020 5:17 pm

If your husband is a British citizen, you dont need to wait a year to apply for naturalisation

User has said that the husband already has ILR. That suggests that he is not British.

Touba21 wrote: ↑

Wed Jun 03, 2020 2:51 pm

My husband hold a olr since 2000

snooky wrote: ↑

Wed Jun 03, 2020 5:17 pm

So come August a year and a day after you were granted you could apply for naturalisation

Keep in mind that the good character requirement looks at the past ten years of residence in the UK. So if the OP has any period of illegal residence in the UK in the past ten years, she will not be successful in her application, even if she meets the residence requirements.

Thanks my friend for the chip in

Touba21 wrote: ↑

Thu Jun 04, 2020 12:56 am

Hi
From 2003 to 2014 i didnt have any status. I was illegal. Is that a problem then. My kids are all British. I just want to finish that or should my husband applied first. We wanted to do it together

Entered the UK illegally. The ten-year period starts running from the date of entry if known, or otherwise the date the applicant brought themselves or came to the attention of the Home Office.

Did you enter UK illegally?
Have you be a non compliant?
Have u been caught working illegally?

Not every past breach of immigration laws triggers a refusal. The guidance contains a detailed section on overstaying. Whilst overstaying in the past ten years is a potential ground for refusal, it can be disregarded if it is the sole reason for refusal and falls within certain timelines. It is important to refer to the guidance on this point.


There's a difference between Overstaying and illegal Entry. What HO does not compromise on is smuggling yourself to UK.

@Touba21

There are other requirements but I cant write all. Just do a search on Good Character Requirements on Naturalisation and whatever you dont understand just bring it here to be discussed

Touba21 wrote: ↑

Thu Jun 04, 2020 12:56 am

From 2003 to 2014 i didnt have any status. I was illegal. Is that a problem then.

Yes.

See from Page 46 of the Good Character guidance.

An application will normally be refused if, within the previous 10 years (before the date of decision), the person has not complied with immigration requirements, including having:
• failed to comply with (breached) conditions imposed under the Immigration Acts, for example:
o accessed public funds when prohibited from doing so
o worked in the UK without permission to do so
o studied in the UK in contravention of any restrictions on studying
o failed, without reasonable excuse, to report when required to do so
• remained in the UK after their leave, including when leave extended by virtue of section 3C or 3D of the Immigration Act 1971 has expired.

Touba21 wrote: ↑

Thu Jun 04, 2020 12:56 am

My kids are all British.

Irrelevant. Naturalisation is an individual application.

Touba21 wrote: ↑

Thu Jun 04, 2020 12:56 am

I just want to finish that or should my husband applied first. We wanted to do it together

Even if you do it together, each application is assessed individually and it is possible that your husband is naturalised while you are refused.

Keep in mind that if you are refused, your fees are not refunded. Therefore you may end up losing about £1200 if your application is refused on good character grounds.

I would suggest applying for naturalisation after 2024, when you have completed 10 years of legal residence in the UK.

I overstayed buy i worked and always pay taxes. I work in the same school for 15 years and still work there. I will try check all my options and thanks you guys for your help.

Touba21 wrote: ↑

Thu Jun 04, 2020 10:00 am

I overstayed buy i worked and always pay taxes. I work in the same school for 15 years and still work there. I will try check all my options and thanks you guys for your help.

If you worked in the UK illegal when you had no legal stay, this will count against you, regardless of paying taxes. You had no permission to work if you had no valid visa allowing you to work.

So working illegally AND having no legal status till 2024, will almost certainly result in a refusal until at least 10 years from the date you got your legal status.

I understand. Basically there 6 years rules is bullshit dont know anymore.

Touba21 wrote: ↑

Thu Jun 04, 2020 10:48 am

Basically there 6 years rules is bullshit dont know anymore.

Keep in mind that immigration rules and nationality law are unrelated to each other. Because you get ILR under the immigration rules, it does not follow that you meet all the requirements for nationality laws.

@CR001 & Secret.Simon

Thanks for the clarification. You are awesome.

But I have one question,

Yet in a broader sense, this still feels exceptionally unfair. The British Nationality Act 1981 expressly states that applicants must not have been in “breach of immigration laws” during the qualifying period of three or five years before the date of application (depending on whether it is made under s6(1) or (2)).

As I always say, HOME OFFICE GUIDANCE are normally incompatible to the main ACT OF PARLIAMENT Laws and seriously Ambiguous.

Cant anyone challenge this injustice?

snooky wrote: ↑

Thu Jun 04, 2020 11:12 am

Cant anyone challenge this injustice?

Knock yourself out. Keep in mind that such a case may have to go all the way to the Supreme Court and that the losing side pays the winning side's fees. So, if you lose, you would have to pay the government's lawyers fees as well.

secret.simon wrote: ↑

Thu Jun 04, 2020 11:16 am

snooky wrote: ↑

Thu Jun 04, 2020 11:12 am

Cant anyone challenge this injustice?

Knock yourself out. Keep in mind that such a case may have to go all the way to the Supreme Court and that the losing side pays the winning side's fees. So, if you lose, you would have to pay the government's lawyers fees as well.

You are good. I like your postings please

snooky wrote: ↑

Thu Jun 04, 2020 11:18 am

You are good. I like your postings please

Thank you. I see the role of these forums as assisting people on their immigration journeys based on the laws and guidance as it is right now, rather than as we would want it to be.

Touba21 wrote: ↑

Thu Jun 04, 2020 10:00 am

I overstayed buy i worked and always pay taxes. I work in the same school for 15 years and still work there. I will try check all my options and thanks you guys for your help.

To my friend please, please follow the contributions made by CR001 and Secret.Simon and just wait unless you are bold to take them on to the Apex Court.

I remembered when HO refused my Renewal Zambrano Application with 2017 Patel vs SSHD in June after months of waiting, I sermon barristers and Solicitors and told them the refusal was incompatible with the law. I preceded to court and the judge agreed with me and allowed my appeal. HO gave in without appealing the judgement determination.

So the choice is yours as you have been advised

secret.simon wrote: ↑

Thu Jun 04, 2020 11:24 am

snooky wrote: ↑

Thu Jun 04, 2020 11:18 am

You are good. I like your postings please

Thank you. I see the role of these forums as assisting people on their immigration journeys based on the laws and guidance as it is right now, rather than as we would want it to be.

Please stay here and continue with the good works. Most honourable people have stopped threading and it sad

Stay here. People need help. Tnx

Hi when i applied for derivative residence i was refused and i paid over 2000 to the solicitor and was asking me 1500 for the appeal . I went took all my papers from him and do the appeal my self and i won. Sollicitors sometimes they just do it for money i will let you know what is happening.

Hi,
I was illegal till 2012 and i applied for citizenship regardless and i took a gamble still waiting my point is make sure you listen to advice but make your own choice.

BoyTed wrote: ↑

Fri Jun 05, 2020 2:11 am

Hi,
I was illegal till 2012 and i applied for citizenship regardless and i took a gamble still waiting my point is make sure you listen to advice but make your own choice.

BoyTed

You are right. Chances Are.

British Nationality Rules are the most complex I have ever seen. A country that though all children are born equally as British, in law their individual entitlements are different. The only time you are caught into sublime of these archaic laws is when you or your kids are in a serious first.

Am saying that because a friend who was born under section 1(1) had his children outside and forgot to register the child. This after years brought pain to the children. It took money and Solicitors to sort it out. Another friend too was born under 1(3) another 1(4) and all had their kids outside and it was so easy in many years, without Solicitors obtained BP for the kids

What am trying to arrive at is that, having British citizenship under registration and naturalisation is better then decent in this scenario.

One is powerful than the other, when children want to derive their entitlement from you.

That is what i decided. I booked my b1 for aug and will apply September. What ever happen on my favour will be wonderful. If no i will appeal and go back for the hearing with so much to say. I am ready. Please keep updating us.

BoyTed wrote: ↑

Fri Jun 05, 2020 2:11 am

Hi,
I was illegal till 2012 and i applied for citizenship regardless and i took a gamble still waiting my point is make sure you listen to advice but make your own choice.

I will apply. Thanks you

Touba21 wrote: ↑

Fri Jun 05, 2020 1:07 pm

That is what i decided. I booked my b1 for aug and will apply September. What ever happen on my favour will be wonderful. If no i will appeal and go back for the hearing with so much to say. I am ready. Please keep updating us.

You can't appeal if your citizenship application is refused. If u want to waste your money it is your choice. Please keep updating us. So other learn a lesson.