Naturalisation after ILR under 14 year rule

[ashaab]

Hi I would like to enquire about the below situation:

Granted ILR on 5th June 2009 through 14 year Long Residence Rule after applying in Sep 2006.

Upon collecting my passport from the solicitor, I asked the question as to how long it would take before I could apply for Naturilsation. His answer was 12 months.

Obviously the time is approaching in about 6 weeks and having read the Residence Requirements, I am concerned about the need not to have been in breach of immigration rules within the last 5 years.

Obviously, having got the 14 year ILR, and being free of immigration controls over the last year, I want to know whether I can apply after the 5th of June 2010 or would I need to wait another 4 years. I have searched through the Board and it is not as clear. So as to provide a full picture below are the circumstances:

Landed in 1992 as a student for a degree course. Granted 3 year visa

Completed the degree and got another year extension for the Masters.

Started a PHD and got a 3 year extension to that, meaning I had legal stay until 2000. From then I overstayed until 2006, when I applied for ILR and got it last year.

Your help would be greatly appreciated

[f2k]

You may want to quiz your solicitor as to why he thought that.

Your intepretation of the rules is correct. you cannot be in breach of immigration rules for 5years, or 3 years if married to a Brit, prior to your submitting your application for naturalisation. As you were in breach when you applied for your ILR via long stay, i think that breach only ended the day your ILR was issued so your legal stay counter starts then.

P.S If you dont mind could you kindly post your experience on long stay ILR in the Indefinite Leave to Remain section of this forum. Every now and again you get people asking for more infor on this especially with regards to timelines

[ashaab]

Hi

Thanks for the information, I am seeing the solicitor next week and I hope to get that answer once and for all and I shall post it on this board.

I will also update the ILR board with the timeline information from my application.

Thanks

[Elias222]

Hi

Thanks for the information, I am seeing the solicitor next week and I hope to get that answer once and for all and I shall post it on this board.

I will also update the ILR board with the timeline information from my application.

Thanks

Hi Ashaab

I am in exactly the same situation as you. Can you please let me know if you found out if it was possible for you to apply for the naturalisation.

Many thanks in advance.

[ashaab]

First of all apologies to mrlookforward and Elias222, I have been quite busy working away since I went to the solicitor but now that I have a some time, I thought I would update you. It is sort of good news but it does depend on you using the same solicitor, which applied for your ILR.

In my case, I will be using the same. Anyway, it is possible to apply 12 months after your ILR regardless of the previous 4 years stay being legal or not. However, it is at the discretion of the immigration office who will take your case and therefore it can go either way. Some officers would take the view of having been here for such a long time, then no point denying the citizenship. Others take the strict view of the rules. In short it is a 50:50 based on what my solicitor said.

The good news though is that I can apply next year, reason being that the case can be made to start the clock at the time of the ILR having been submitted to the Home Office, thereby following on from my date of application of ILR in Sep 2006, the 5 years come to Sep 2011. That means for those, who have waited a long time to get their ILR, well that wait now means that there is less time to wait for British Citizenship.

I trust this explains in depth the outcome of me having seen my solicitor. It just helps sometimes that it is better to take professional advice because prior to going there, I was convinced from what I read on here, that I would have had to wait a further 4 years. Do let me know if this was helpful.

[mrlookforward]

Thanks for updating ashaab,
I myself have done a lot of research on the topic. There are many people who have been granted under 14 years, legacy or any other reasons outside the rules. What you have said is accurate. In the end its down to the caseworker. I know a few people who did get naturalisation 1 year after ILR, but then there are some people who have been refused under identical circumstances. I would say to anyone in this situation that if £735 is not going to hurt you too much, then go for it, take your chance. You never know, you might be in luck.
It will be good to hear from other people who applied for BC in these circumstances, and their outcome.

[ashaab]

I think with the current political situation, for me it is safer to wait 1 more year. If I had to wait 4 years, then I would have gone for it, but 1 year is not too much to wait. And that conclusion was based on what the solicitor said. I think it is not also the £735 but the solicitor's cost. Anyhow I hope that all our replies have helped others with knowledge.

[mrlookforward]

I will take my chance in September. New government might start implementing guidance very strictly in the future, so I will take my chance.

[Elias222]

Many thanks ashaab. You have been of great help. My ILR was granted in Feb 2009. I think will you I will wait the extra 10months before I apply for Citizenship too. I have waited 14years another 10months wouldnt kill me and if it gives me a better chance, then even better.

Please keep in touch and let me know how it goes.