Page 1 of 1
My friend Aunti is 74 year old
Posted: Wed Mar 03, 2021 11:11 pm
by dxbdxb
Dear Memeber
I have few questions,
My friend aunty is 74 year old she been granted Indefinite leave to remain in 1995, she would like to apply for naturalisation could you please advice what document doese she need to apply for her naturalisation.
She got the letter from home office for her ILR attached for your reference she dont have any other documents.
She lived for about 26 years on the same address, she got council tax,Gas,Electric and water bill.
Please need your help thanks in advance.
Re: My friend Aunti is 74 year old
Posted: Thu Mar 04, 2021 2:29 am
by vinny
dxbdxb wrote: ↑Wed Mar 03, 2021 11:11 pm
she dont have any other documents.
What happened to all her passports?
Re: My friend Aunti is 74 year old
Posted: Thu Mar 04, 2021 2:43 am
by vinny
She should show that she had been
granted ILR and that it
hasn’t lapsed, etc.
Re: My friend Aunti is 74 year old
Posted: Thu Mar 04, 2021 7:54 pm
by dxbdxb
Thanks for the reply,
She got the first passport stamped with visit visa in 1994, there is no other stamp on the passport, she also got another valid passport till oct 2021 but no visa stamp.
you mentioned she should show that she had been granted ILR and hasn`t lapsed, how she can make sure that her ILR is still valid doese she need to call or to send a letter to the home office that her ILR is still valid ?please need your help.
Re: My friend Aunti is 74 year old
Posted: Fri Mar 05, 2021 3:45 am
by vinny
The letter from the Home Office stated that they had endorsed her passport with the vignette number 0188326A? What happened to it?
As stated in the Home Office letter, if she hasn’t been absent from the UK for more than two continuous years, then her ILR has not lapsed.
vinny wrote: ↑Wed Mar 05, 2008 10:34 pm
Note that Indefinite Leave does
not expire, but even
Non-lapsing leave may lapse after an absence of two years under Section
13
(4) Leave which does not lapse under paragraph (2) shall remain in force either indefinitely (if it is unlimited) or until the date on which it would otherwise have expired (if limited), but—
- (a) where the holder has stayed outside the United Kingdom for a continuous period of more than two years, the leave (where the leave is unlimited) or any leave then remaining (where the leave is limited) shall thereupon lapse; and
- (b) any conditions to which the leave is subject shall be suspended for such time as the holder is outside the United Kingdom.
Re: My friend Aunti is 74 year old
Posted: Wed Mar 10, 2021 12:33 pm
by dxbdxb
Thanks for the advice, i ask them they had a look and they found the passport with ILR sticker.
Could you please advice what else she need to submitt with her naturalisation application, she is 74 i dont think she need english lanuage and also she go every year to home country for 30 days, she is not working.
There will be any problem for her to apply fo naturalisation?
Thanks
Re: My friend Aunti is 74 year old
Posted: Wed Mar 10, 2021 1:30 pm
by vinny
Great! She should submit all her passports from ILR to present, etc. See also
absences.
Re: My friend Aunti is 74 year old
Posted: Wed Mar 10, 2021 1:48 pm
by dxbdxb
about her absence
out 16 oct 2015 55 days
in 10 dec 2015
out 3 oct 2016
in 17 jan 2017 106 days, Total absence from the UK in the last 5 years 425 days in total.
out 3 sep 2017 105 days
in 17 dec 2017
out 22 aug 2018 62
in 23 oct 2018
out 28 aug 2019 97
in 03 dec 2019
please have a look is she will be fine with the absences? thanks
Re: My friend Aunti is 74 year old
Posted: Wed Mar 10, 2021 2:08 pm
by vinny
See also
Naturalisation as a British citizen by discretion >
Residence requirements and Absences in the final year, etc.
Re: My friend Aunti is 74 year old
Posted: Wed Mar 10, 2021 6:43 pm
by dxbdxb
Thanks for the reply,
There is no absence in the final year.
Below is the residence requirments for her as she is single and section 6(1) will apply on her.
Residence requirements: section 6(1)
The residence requirements which someone applying under section 6(1) of the
British Nationality Act 1981 are that the applicant was:
• in the UK at the beginning of the period of 5 years ending with the date of the
application
• not absent from the UK for more than either:
o 450 days in that 5 year period she spent 425 days outside the uk in the last 5 years
o 90 days in the period of 12 months ending with the date of application( she was not absent in the last 12 month)
• not, on the date of application, subject under the immigration laws to any
restriction on the period of stay in the UK
• not, at any other time in the 12 month period ending with date of application,
subject under the immigration laws to any restriction on their period of stay in
the UK
• not at any time in the period of 5 years ending with the date of application, in
the UK in breach of the immigration laws
There is discretion to waive the residence requirements except that the applicant
must:
• have been in the UK at the beginning of the 5 year period, unless their absence
was due to serving in HM forces
• be free from time restrictions under immigration law at the time of the