Immigrationboards.com

Dear friends

Please I need your help. If one completes 14 years overstay by December 2012, and after applying, considering their usual delays, the ILR was finally obtained say around October 2013, does the effective date of the ILR begin from December 2012 or the date when it was finally issued e.g. October 2013?

The dating is important because I am told that the holder of 14 years ILR will need to stay for another 5 years ( exhibiting good citizenship behaviour etc ), before he can apply for citizenship ( British Passport etc ). From this, it can be seen that if the HO wastes almost 2 years and gives the date of their postage, it will obviously take the applicant a longer time to achieve citizenship!

Please those who have had 14 years ILR and experienced gurus, moderators amd members of standing etc should throw some light on this.
Thank you.

so someone stays in this illegaly after their visa expires (and not by few days but 14 years which means its clearly delibrate) and then if HO take 10 months to review your application you complain....

i hope that HO just stop giving ILR to overstayers (not all but those with 10 year overstay)...

Dear xyz123

Thank you for your post. However, I want to inform you that no reasonable person will purposely overstay except due to circumstances beyond his/her control........................The British government realises this, hence the amnesty which is granted for 10 or 14 year overstayers after some process of vetting etc. Having said that, the fact that you are doing someone a favour doesn`t therefore mean you can treat the person unfairly. Your arguement is similar to saying something like obese people should not be given treatment in the NHS for the condition because it was caused by their overeating!

Zebrudaya wrote:Dear xyz123

Thank you for your post. However, I want to inform you that no reasonable person will purposely overstay except due to circumstances beyond his/her control........................The British government realises this, hence the amnesty which is granted for 10 or 14 year overstayers after some process of vetting etc. Having said that, the fact that you are doing someone a favour doesn`t therefore mean you can treat the person unfairly. Your arguement is similar to saying something like obese people should not be given treatment in the NHS for the condition because it was caused by their overeating!

difference is that overeating is not illegal but overstaying (by 14 years) clearly is...if there is a threat to someone's life them they should claim asylum and not just overstay....overstaying by few months of even 1-2 year may be due to exceptional circumstance but 14 years overstay can not be justified by this... at the end of the day it was the person's decision to come to this country in first place..if they fail to settle here and unless they have a threat to their or their family's life they should leave the country and not just get an illegal job in a shop or get married...

Please friends, I am still waiting for the answer to the question. If a person gets 14 year ILR ( legal + illegal stay ), does the 5 years he has to wait to apply for a British passport start from the month/year he completed his 14 years or from the date the HO finally gave him the ILR.

Thanks for a prompt reply. I am sure many people in the forum will be keen to know the true position of things.

The 5 year qualifying period to become British citizen starts from the day your given ILR under the 14 year rule and not from the day your 14 years are up.

Residential requirements wrote:not been in breach of the Immigration Rules at any stage during the five-year period.

The 5 year count starts from the date you started living in the UK as a legal immigrant (and continue to do so - live legally - for at least 5 years).

If such date is the date you are/were granted settlement, then your 5 year period starts from that (settlement) date.


regards

Dear rajauk and sushdmehta

Thank you very much for your illuminating replies.