General UK immigration & work permits; don't post job search or family related topics!
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martyk
- Newly Registered
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- Joined: Sat Sep 22, 2007 3:06 pm
- Location: Newry
Post
by martyk » Tue Jan 20, 2009 2:09 pm
Hi
Im due to apply for naturisation in May 2009 based on the following paragraph,
Breach of immigration laws during residential qualifying period
You must have been in the United Kingdom legally throughout the residential qualifying period. We may refuse your naturalisation application if you have breached the immigration laws during the residential qualifying period.
If you came to the United Kingdom as an asylum applicant, you would be considered in breach of the immigration rules if your application for refugee status and any appeals were refused during the residential qualifying period. You would also be in breach of the immigration rules if you entered the United Kingdom illegally and obtained refugee status during the residential qualifying period.
Based on the penultimate sentence of the above , I could not apply due to the fact the home office appealed a judges decision made 6 months earlier.12December2003 meaning my application could only be made on the 5th Anivesary of of the day Home office granted me ILR ie 5May 2004
New rules made on 24 December 2008 do not seem to have the particular sentence but instead have the following discrections:
you made a successful application for indefinite leave to remain more than 15 months before your naturalisation application but the decision on your application was delayed due to something that was not your fault; or
you had an application for asylum or leave to remain refused but later approved as the initial decision was incorrect. This initial mistake resulted in a delay in you being able to apply for indefinite leave to remain; or
you are a national of the European Economic Area or Switzerland and were unaware of this requirement.
This means we can consider the particular circumstances and in special cases grant an application.
Does this mean I can apply now (3months before the 5 years without breach)and ask for discretion in light of the discretionary rules?
Thank you
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republique
- BANNED
- Posts: 1342
- Joined: Fri Mar 21, 2008 5:58 pm
Post
by republique » Tue Jan 20, 2009 3:13 pm
martyk wrote:Hi
Im due to apply for naturisation in May 2009 based on the following paragraph,
Breach of immigration laws during residential qualifying period
You must have been in the United Kingdom legally throughout the residential qualifying period. We may refuse your naturalisation application if you have breached the immigration laws during the residential qualifying period.
If you came to the United Kingdom as an asylum applicant, you would be considered in breach of the immigration rules if your application for refugee status and any appeals were refused during the residential qualifying period. You would also be in breach of the immigration rules if you entered the United Kingdom illegally and obtained refugee status during the residential qualifying period.
Based on the penultimate sentence of the above , I could not apply due to the fact the home office appealed a judges decision made 6 months earlier.12December2003 meaning my application could only be made on the 5th Anivesary of of the day Home office granted me ILR ie 5May 2004
New rules made on 24 December 2008 do not seem to have the particular sentence but instead have the following discrections:
you made a successful application for indefinite leave to remain more than 15 months before your naturalisation application but the decision on your application was delayed due to something that was not your fault; or
you had an application for asylum or leave to remain refused but later approved as the initial decision was incorrect. This initial mistake resulted in a delay in you being able to apply for indefinite leave to remain; or
you are a national of the European Economic Area or Switzerland and were unaware of this requirement.
This means we can consider the particular circumstances and in special cases grant an application.
Does this mean I can apply now (3months before the 5 years without breach)and ask for discretion in light of the discretionary rules?
Thank you
You can apply earlier due to the reasons you posted above but I wouldn't bother. I'd wait til the 1 year, it will be processed faster if you do.
The new law will not be in effect by then so I'd not be distracted by this either.
