New good character guidance, was a kid when arrived

[zakithegreat]

Hi,

I arrived in the UK illegally with my parents at the age of 13. We claimed asylum which was refused.

I was granted leave outside the rules at the age of 25 and then switched to a spouse visa and have since gone on to obtain ILR this week. My wife and son are British and I have been working for an investment bank for the past 7 years. The timing of the new guidance has been a pain.

Will there be any leniency shown towards me as the illegal entry in question was outside my control or is there no point in applying for naturalisation as it will be a waste of money. Appreciate there is not much to go about as the guidance was only updated recently but was hoping I can pick the brains of some of the more experienced forum members.

My younger sister who also entered with us obtained her citizenship last year (pre new guidance) as she obtained her ILR early through the young persons concession.

Thanks in advance.

[contorted_svy]

Could you provide a timeline with the year you arrived, when you made applications and which ones, and their outcomes? Also, how did you enter the country?

[zakithegreat]

Arrived in 2006 at age 13 by plane accompanied with parents and younger sister - supposedly on someone else's passports (disclosed to the Home office when claimed asylum)

May 2007 - Parent's Asylum refused.

September 2014 - Family granted leave outside the rules, i was excluded from grant as i was over 18.

June 2017 - Granted leave outside the rules in First tier tribunal after we filed a JR that HO has excluded me from the grant. 2.5 years granted

December 2019 - Switched to spousal visa (FLR-M). 2.5 years granted

June 2022 - Spousal visa renewal. 2.5 years granted

Feb 2025 - ILR granted.

[zakithegreat]

Could you provide a timeline with the year you arrived, when you made applications and which ones, and their outcomes? Also, how did you enter the country?

Arrived in 2006 at age 13 by plane accompanied with parents and younger sister - supposedly on someone else's passports (disclosed to the Home office when claimed asylum)

May 2007 - Parent's Asylum refused.

September 2014 - Family granted leave outside the rules, i was excluded from grant as i was over 18.

June 2017 - Granted leave outside the rules in First tier tribunal after we filed a JR that HO has excluded me from the grant. 2.5 years granted

December 2019 - Switched to spousal visa (FLR-M). 2.5 years granted

June 2022 - Spousal visa renewal. 2.5 years granted

Feb 2025 - ILR granted.

[contorted_svy]

Were you included in any other application from 2007 to 2014?

[zakithegreat]

Were you included in any other application from 2007 to 2014?

There weren't any made, I turned 18 in 2012, the 2014 grant for the family was on the back of further submissions for the old asylum application for my parents. Even though I was a dependent child on that initial claim, the Home Office excluded me from the grant of leave as I was over 18 in 2014. We then submitted a JR about this and the Home Office accepted to reconsider this decision and issue a decision for me too which they refused with a right of appeal to the first tier tribunal. It was there where I was granted my first LOTR.

So in summary parents brought me here at 13, claimed asylum and didnt do anything after that until they submitted further submissions which were accepted but I was excluded by HO due to turning 18. Submitted a JR about this and the whole process lead to me being granted leave and eventually ILR based on my marriage. I have done a SAR request which has some caseworker notes along the lines of "Was brought to the UK as a child and his parents illegal entry and failure to regularize their stay shouldnt be held against him"

[contorted_svy]

Hard to say how this would be assessed for a citizenship application after the "clarification" was issued this week. You have the plus of not having made a dangerous journey. To be on the safe side in your case I would wait to apply until June 2027, when it will have been 10 years from the moment you were first granted leave to remain and you'll have 10 years of lawful residence. You may want to speak to a solicitor to get more precise advice. Good that the case worker specified on your file that your parents' asylum application failing shouldn't be held against you as you were a minor at the time.

[zakithegreat]

Thanks for your response. I might apply anyway just in case and put all the relevant points to the caseworker, including the part of the guidance which talks about discretion for children who may have been brought over by parents and mention the SAR which pretty much word to word repeats the guidance.

Is there a negative if this application is refused as in does it reset the clock to when I can apply again?

Thanks in advance.

[zakithegreat]

Also as I mentioned above, my sister who entered with me and got ILR last year has had her citizenship approved, she didn’t complete 10 year legal residence although admittedly she did apply before 10th Feb.

[zakithegreat]

Just spoke to an immigration solicitor, they confirmed that I should be exempt from the illegal entry ban as there is a paragraph in the guidance that confirms children shouldn’t be held responsible for their parents actions. They confirmed that the same rule was “probably” applied when my sister applied for her naturalisation as she also had not completed 10 years of legal residence. Will make the app and see how it goes.

[contorted_svy]

Good luck. Please do update back this thread with your progress.

[JSJS72]

would love an update. my mother and sister are in a similar situation right now. me and my father got our british passports recently. but we all entered illegally together decades ago

[therealzz55]

The guidance does not suggest that children are exempt. It says whoever and whatever time they entered. What does the SAR outlie exactly?

[zakithegreat]

would love an update. my mother and sister are in a similar situation right now. me and my father got our british passports recently. but we all entered illegally together decades ago

Just received my approval 2 days ago, took less than 40 days in total. Good luck to your mum and sister.

[therealzz55]

Did you clarify anywhere you were a child at entry?

[zakithegreat]

Did you clarify anywhere you were a child at entry?

yes this was my sole argument.

[therealzz55]

Thanks . In very similar situation as you. Going to apply now . Would you advice getting an immigration lawyer to do it or is it fine to do that alone

[contorted_svy]

Picking a solicitor's brain on how these cases are viewed now may be a good idea, it's a very recent change so they may not have loads of cases but they may be able to help building a solid case.

[therealzz55]

Picking a solicitor's brain on how these cases are viewed now may be a good idea, it's a very recent change so they may not have loads of cases but they may be able to help building a solid case.

I understand but paying an extra £2000 to a lawyer for some case guidance on top of £1700 for naturalisation is alot of money.

[contorted_svy]

You asked for an opinion and I offered it. There is no guarantee of success either way, it's your decision if you want to apply or not.

[therealzz55]

You asked for an opinion and I offered it. There is no guarantee of success either way, it's your decision if you want to apply or not.

Yeah fair enough. It’s just an unclear guideline going to have to take a risk either way let’s see what happens