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British Citizenship WITHOUT ILR
Posted: Tue Jan 17, 2023 1:49 pm
by cloud123
Hi All,
I hope you are all good.
I always wonder if there is anyway a person could apply for naturalisation without indefinite leave to remain.
I found today a piece of information from the government website that says,
"A person who is outside the UK is, by definition, not subject to any restriction under the immigration laws on his or her maximum length of stay in the UK. However, the Home Secretary will normally refuse an application made outside the UK where it appears that the main reason for making the application in this way was to avoid the requirement about immigration restrictions. If you make your application overseas but would have had only a conditional right to remain in the UK on the date of application if you had remained here, your application is unlikely to succeed."
Can this actually work? Has anybody done this before? How could this be done?!
Thank you!
Re: British Citizenship WITHOUT ILR
Posted: Tue Jan 17, 2023 2:04 pm
by CR001
You are required to have ILR if this question related to yourself who had or has refugee leave to remain. Is this also related to your previous questions about moving to another EU state?
There is no shortcut route for those with limited leave to remain.
Without posting the link to the source of the bit you quote, it is difficult to understand the full context of the paragraph.
Re: British Citizenship WITHOUT ILR
Posted: Tue Jan 17, 2023 2:38 pm
by alterhase58
This passage looks like it comes from:
Form B(OTA): guidance (accessible version)
https://www.gov.uk/government/publicati ... le-version
"Guide B(OTA)
Registration as a British citizen – A guide for:
British Overseas Territories citizens
British Nationals (Overseas)
British Overseas citizens
British subjects
British protected persons
28 June 2022"
Re: British Citizenship WITHOUT ILR
Posted: Tue Jan 17, 2023 2:45 pm
by CR001
alterhase58 wrote: ↑Tue Jan 17, 2023 2:38 pm
This passage looks like it comes from:
Form B(OTA): guidance (accessible version)
https://www.gov.uk/government/publicati ... le-version
"Guide B(OTA)
Registration as a British citizen – A guide for:
British Overseas Territories citizens
British Nationals (Overseas)
British Overseas citizens
British subjects
British protected persons
28 June 2022"
So not applicable to the OP at all in any way.
Re: British Citizenship WITHOUT ILR
Posted: Tue Jan 17, 2023 6:32 pm
by cloud123
CR001 wrote: ↑Tue Jan 17, 2023 2:04 pm
You are required to have ILR if this question related to yourself who had or has refugee leave to remain. Is this also related to your previous questions about moving to another EU state?
There is no shortcut route for those with limited leave to remain.
Without posting the link to the source of the bit you quote, it is difficult to understand the full context of the paragraph.
Thank you for your reply.
Here is the link,
https://www.gov.uk/government/publicati ... bookmark17
Yes, I am a refugee, married to a British citizen and have kids, I entered the UK 8 years ago with a refugee document from the EU, I didn't know I needed a visa. I applied for leave to remain and received it 7 years ago (10 year route), then got refugee status 2 years ago.
Re: British Citizenship WITHOUT ILR
Posted: Tue Jan 17, 2023 6:45 pm
by CR001
You need ILR first. There is no shortcut route where you can avoid ILR.
Re: British Citizenship WITHOUT ILR
Posted: Tue Jan 17, 2023 8:38 pm
by secret.simon
To naturalise as a British citizen, you also need to meet the
future intentions requirement, which is the very next section in the document that you linked to above.
If, when you apply, you indicate you are abroad or intend to go abroad for a continuous period of more than 6 months, please note your application will usually be unsuccessful, unless:
you are undertaking voluntary work such as with the Voluntary Service Overseas (VSO)
you are undertaking studies, training, or employment abroad which is necessary to pursue a UK based profession, vocation or occupation
the absence forms part of an established pattern, such as in relation to employment at sea, and you are primarily based in the UK
Note that naturalisation is a procedure at discretion, which means that the Home office is not obliged to naturalise you. If you apply without ILR, it will very likely ask you to provide compelling reasons as to why the normal requirements of having ILR should be set aside for you to be naturalised without ILR, given that ILR normally bestows most of the rights that a British citizen has within the UK.
If you find a loophole, always think: why is everybody else not using this loophole? There is generally a good reason for such silence.
Re: British Citizenship WITHOUT ILR
Posted: Thu Jan 19, 2023 6:20 am
by vinny
The
Guidance had closed a previous
loophole for spouses of British citizens