Qualifying Period of 5 Years

[Maraman]

Hi

Could anyone answer on urgent matter question?

Dos the time under appeal (after which we were granted ILR in 2006) counts in 5 years qualifying period for naturalization?

Quick answer would be highly appreciated

Thanks in advance

Mariman

[Siggi]

Maraman,
Please be a bit precise with your question.
How did you gain ILR? Are a legacy case?
More information please so we can help you!

[Maraman]

I came here as business person and was granted 4 year business visa starting on May 1997. In 2001 I applied for ILR but was refused. I appealed. I was refused and appealed again on basis of 7 years for minor child as discretion right. Home office refused. We appeal and court in 2004 acnowledged that my daughter has a right to remain, but Home Office refused again. My friends appealed again in 2005 and our MP pushed and Home Office granted my family ILR based on 7 year discretion right. ILR was ghranted in June 2006. It means we have been under appeal since 2001. I wish to mention that it was Home Office mistake with our appeal because they have lost my files (I have fax from my local MP). Now my family wish to apply for citizenship but we were not sure about 5 years.

Thanks for quick response

[Maraman]

Maraman,
Please be a bit precise with your question.
How did you gain ILR? Are a legacy case?
More information please so we can help you!

I came here as business person and was granted 4 year business visa starting on May 1997. In 2001 I applied for ILR but was refused. I appealed. I was refused and appealed again on basis of 7 years for minor child as discretion right. Home office refused. We appeal and court in 2004 acnowledged that my daughter has a right to remain, but Home Office refused again. My friends appealed again in 2005 and our MP pushed and Home Office granted my family ILR based on 7 year discretion right. ILR was ghranted in June 2006. It means we have been under appeal since 2001. I wish to mention that it was Home Office mistake with our appeal because they have lost my files (I have fax from my local MP). Now my family wish to apply for citizenship but we were not sure about 5 years.

Thanks for quick response

[PaperPusher]

Did you make one application, or two. Did you make an application for ILR due to being in the uK for 4 years as a businessman, it got refused, and then you made another application because your daughter had been here for 7 years at a later date?

[Maraman]

Did you make one application, or two. Did you make an application for ILR due to being in the uK for 4 years as a businessman, it got refused, and then you made another application because your daughter had been here for 7 years at a later date?

In prinipal it is the case, only it was not second application but appeal. I appealed (as a family) in 2004 for 7 years concession (because in the meantime - from 2001 to 2003 my younger daughter became elegible for 7 years concession). This is ground on which we have granted ILR in June 2006.

[Siggi]

Maraman,

Do I understand this correctly that where granted ILR in June 2006?

The problem is that between 2001 and 2006 your stay was considered to be illegal.

The requirements for Naturalisation is five years contineous stay legal stay and one year free of immigration control.

So you can only apply for Naturalisation in June 2011.

[Maraman]

Maraman,

Do I understand this correctly that where granted ILR in June 2006?

The problem is that between 2001 and 2006 your stay was considered to be illegal.

The requirements for Naturalisation is five years contineous stay legal stay and one year free of immigration control.

So you can only apply for Naturalisation in June 2011.

The point is that in August 2004 our MP applied for 7 years concession. This was refused by Home Office on ground that our daughter is not eligible for 7 years concession. After our appeal and supplied evidence Home Office recognised it and granted ILR in June 2006. Does it mean that we can consider period from August 2004 to June 2006 as legal because if Home Office recognised our appeal in first place we would have ILR in August 2004.

[Siggi]

Maraman,
You may want to take a chance and apply for Naturalisation in 2010 .
But to be safe June 2011, would be 5years continuous legal stay!
The emphasis on continuous legal stay.

[Maraman]

Maraman,
You may want to take a chance and apply for Naturalisation in 2010 .
But to be safe June 2011, would be 5years continuous legal stay!
The emphasis on continuous legal stay.

Thank you Siggi and others for your time and answers.

Just for small clarification: isn't it August 2004 - August 2009 actually 5 years, or you think it should be 2010 for other reason?

Thanks

Maraman

[Siggi]

Maraman,
You are right August 2004 to August 2009 is 5 years!

[Maraman]

Maraman,
You are right August 2004 to August 2009 is 5 years!

Thanks again

Maraman

[paulp]

The point is that in August 2004 our MP applied for 7 years concession. This was refused by Home Office on ground that our daughter is not eligible for 7 years concession. After our appeal and supplied evidence Home Office recognised it and granted ILR in June 2006. Does it mean that we can consider period from August 2004 to June 2006 as legal because if Home Office recognised our appeal in first place we would have ILR in August 2004.

The period of 2004-2006 could only have been legal through Section 3(c) of the immigration act. I don't think Sec 3(c) applies to concessions, only for "in-time" application under the rules.