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Naturalisation-Guide AN(AFD)

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Siggi
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Naturalisation-Guide AN(AFD)

Post by Siggi » Tue May 01, 2007 4:44 pm

Please correct me if I'm wrong on this one.

On the old HO site I'm sure they gave a guide to Naturalisation, which said you need to be in the country for 5years plus 1 year on ILR, making it 6years, before you could apply for Naturalisation.

The new BIA site under "how do you qualify for naturalisation"
Point 7 it reads as follows:

"Have lived in the UK for a minimium of 5 years"

Note, no more mention of having to have completed 1year ILR

So doe's this now mean people who have completed 4 years on HSMP or Ancestral visa and have had extended there visas, can after completing 5 years apply for Naturalisation????

SYH
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Post by SYH » Tue May 01, 2007 4:52 pm

siggi i made the same mistake
somewhere in there it does state that one year has to be ILR
but as I mentionnned elsewhere it does state in the application that you can request naturalisation without ILR if you have a good reason
dont know what a good reason would be but just put it out there

Siggi
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Post by Siggi » Tue May 01, 2007 5:00 pm

SYH
Where doe's it state in the application, you can request naturalisation without ILR if you have good reason?

Dawie
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Post by Dawie » Tue May 01, 2007 5:02 pm

I refer you to this webpage:

http://www.ind.homeoffice.gov.uk/applyi ... w=Standard
d. in the last 12 months of that five-year period, his or her stay in the United Kingdom was not subject to any time limit under the immigration laws (see Note 5)
which implies that the applicant must have held ILR for 12 months BEFORE applying for naturalisation regardless of how long they have been in the UK.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

SYH
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Post by SYH » Tue May 01, 2007 5:20 pm

I refer you to 6.6 on the application where it states that although not all requirements have been fulfilled, I request naturalisation for the following reason ...
I have to search elsewhere for additional support for the ILR specifically being waived as I didn't expect the inquisition on this point

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Post by Dawie » Tue May 01, 2007 5:28 pm

SYH wrote:I refer you to 6.6 on the application where it states that although not all requirements have been fulfilled, I request naturalisation for the following reason ...
I have to search elsewhere for additional support for the ILR specifically being waived as I didn't expect the inquisition on this point
I suggest you read page 25 of the guidance notes for Form AN.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

SYH
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Post by SYH » Tue May 01, 2007 5:50 pm

Great you found it. Hope you are satisified

Siggi
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Post by Siggi » Tue May 01, 2007 8:10 pm

SYH
I think you are on to something here and maybe you and I should discuss this privately.
So feel free to contact me via e-mail.Click on send private message

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Post by Siggi » Wed May 02, 2007 12:09 pm

Dawie
What do you think are my chances of success, if I reason that as my Mother was born British and her Nationality was pass on to my 2 sisters, who are both younger than me, but I was excluded following the (Amendment of Section 4C of the British Nationality Act 1981)
I know its a long shoot, but might save me one year on ILR.
Does anone else have a take on this?

Dawie
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Post by Dawie » Wed May 02, 2007 12:21 pm

It's worth a shot, but the waiving of the 1 year ILR requirement before naturalisation usually relates to people who after qualifying for ILR have had to wait an extraordinarily long time for their ILR applications to be processed and who, had their ILR application been processed quicker, would have qualified for naturalisation quicker. For example, many people who apply for ILR using the 10-year legal residence rule or the 14-year concession can wait up to a year or more for their ILR application to be processed. In a case such as this the Home Office often allows them to naturalise as soon as they have received their ILR (provided they meet the other conditions for naturalisation) because it would be unfair to expect them to wait another year.

Hope this helps.
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

SYH
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Post by SYH » Wed May 02, 2007 12:28 pm

Dawie wrote:It's worth a shot, but the waiving of the 1 year ILR requirement before naturalisation usually relates to people who after qualifying for ILR have had to wait an extraordinarily long time for their ILR applications to be processed
Hope this helps.
Dawie
Can you tell me where you found this information as well as the information regarding employment abroad doesn't negatively impact the absence aspect for naturalisation

Siggi
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Post by Siggi » Wed May 02, 2007 2:18 pm

Dawie
Do you think the BIA would advise me one way or another telephonicaly,
if I tried to go straight for Naturalisation and skip the ILR one year?

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Post by JAJ » Thu May 03, 2007 5:57 am

Siggi wrote:Dawie
What do you think are my chances of success, if I reason that as my Mother was born British and her Nationality was pass on to my 2 sisters, who are both younger than me, but I was excluded following the (Amendment of Section 4C of the British Nationality Act 1981)
Why are you excluded from section 4C? Is it because you were born before February 1961?

Siggi
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Post by Siggi » Fri May 04, 2007 10:53 am

JAJ
Yes I was born in 1959 and two sisters who quailfied for BN, where born in 1960 and 1969.
If this effects you in any way the Turbville Group is the forum for Pre 1960 Kids of British Mothers

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Post by JAJ » Fri May 04, 2007 11:56 am

Siggi wrote:JAJ
Yes I was born in 1959 and two sisters who quailfied for BN, where born in 1960 and 1969.
I don't know how your sister born in 1960 could qualify for section 4C.

One of the advantages of naturalisation over 4C registration is that naturalisation gives British citizenship otherwise than by descent rather than by descent.

Siggi
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Post by Siggi » Fri May 04, 2007 12:21 pm

JAJ
My sister was born 6/6/60 and I think the cut off was April 1960 not 1961.
I would still prefer to gain my Nationality visa decent!

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