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10 years restrictions?
Posted: Sat Oct 02, 2021 6:36 pm
by mayyur123
Hi, this question is on behalf of a lady. She was granted indefinite leave to remain this year and she will apply for nationality after one year. But about 11 years ago when she applied for asylum her visit visa was expired at that time, so does she has to complete 10 years before she can apply British citizenship from the date of when first leave to remain was issued in 2013, or she only has to complete one year from the date of indefinite leave?
Thanks.
Re: 10 years restrictions?
Posted: Sat Oct 02, 2021 6:50 pm
by secret.simon
She needs to meet both requirements; complete one year of ILR AND not have been illegally resident in the UK at any time in the past 10 years. She can apply when she meets the latter of the two requirements.
Re: 10 years restrictions?
Posted: Sat Oct 02, 2021 7:19 pm
by mayyur123
She was granted first leave to remain in 2013, but before that she had temporary admission by home office from 2010 and was living in home office provided accommodation until she was granted DL in 2013. And when she was granted indefinite leave, home office counted her temporary admission time period as lawful residence and granted her ILR on 10 years long residence (temporary admission period was included)
So does that mean she was legally in this country from 2010 because she was on temporary admission.
Re: 10 years restrictions?
Posted: Sun Oct 03, 2021 7:31 am
by secret.simon
While I am not certain, I believe that being under temporary admission should count in her favour.
Keep in mind that naturalisation is not a part of the immigration pathway that ends in ILR, but has its own laws, rules and interpretations. Because it counted as legal residence for ILR does not mean that it will count the same way for naturalisation.
Re: 10 years restrictions?
Posted: Sun Oct 03, 2021 9:10 am
by mayyur123
Thanks, I appreciate your answers and time.