what benefits can i claim after ILR

[safdar]

hi seniors
I got the visa (HSMP JR)on 31/10/2007 and entered the UK on 19/11/2007.
I got extension on 14/10/2009 for a period of 3 years until 19/11/2012.
My three dependents wife and two children ( 9 and 6 years old)entered in the UK on 25th feb 2012.
we all applied for ILR on 13th. nov. 2012 and all of us got ILR on 17th july 2013.
here are my questions.
1)my one year after ILR(for nationality) will be considered after 19/11/2012 (the last date of my visa) or I will have to wait for one year after 17/07/2013,the date on biometric cards.
2)as to when my dependents will be eligible to apply for british nationality.
3)if I apply for housing benfits and I get it, will this effect my nationality application.
4)what other benefits can I apply keeping in mind the effects of benefits on my nationality application.

thanks and looking for ur response.

[Amber]

You should apply for naturalisation 12 months after being granted ILR though, if you're ILR application was protracted you can apply 15 months after submitting your ILR application. Your children could apply with you under s 3(1) or when your wife applies, up to you better with your wife if you're going for the protracted application.

Once you are granted citizenship your spouse can apply to naturalise after being resident in the UK for 3 years.

You can claim any benefits you're entitled to it won't affect citizenship.

I'd need to know more info like are you/ spouse employed? Are you claiming child benefit and tax credits?

[safdar]

You should apply for naturalisation 12 months after being granted ILR though, if you're ILR application was protracted you can apply 15 months after submitting your ILR application. Your children could apply with you under s 3(1) or when your wife applies, up to you better with your wife if you're going for the protracted application.

Once you are granted citizenship your spouse can apply to naturalise after being resident in the UK for 3 years.

You can claim any benefits you're entitled to it won't affect citizenship.

I'd need to know more info like are you/ spouse employed? Are you claiming child benefit and tax credits?

thank amber please clarify it a little bit more...........It was postal application and took 8 months. my extension visa expired on 19/11/2012 but date issue date on Biometric cards was 17/07/2013.....could you please mention the date after which I can apply for citizenship. thanks

[John]

It was postal application and took 8 months. my extension visa expired on 19/11/2012

No it did not, and this is important to you. Section 3C was in play. As the ILR application was submitted prior to the expiry of the previous visa, but the application had not been decided by the stated expiry date, Section 3C says that the old visa is "treated as continuing" until the new visa was granted. Therefore at no stage were you an overstayer.

As regards when you can apply for Naturalisation, as long as you were in no way to blame for the delay, as Amber has said to you, you can apply 15 months after the ILR application was submitted.

Of course ensure that you were physically in the UK exactly five years before UKBA will receive the application for Naturalisation.

[safdar]

It was postal application and took 8 months. my extension visa expired on 19/11/2012

No it did not, and this is important to you. Section 3C was in play. As the ILR application was submitted prior to the expiry of the previous visa, but the application had not been decided by the stated expiry date, Section 3C says that the old visa is "treated as continuing" until the new visa was granted. Therefore at no stage were you an overstayer.

As regards when you can apply for Naturalisation, as long as you were in no way to blame for the delay, as Amber has said to you, you can apply 15 months after the ILR application was submitted.

Of course ensure that you were physically in the UK exactly five years before UKBA will receive the application for Naturalisation.

thanks and last question ,,,,,,,,,I m going to india by the end of September 2013 for 35 days and (as you said) will be eligible for citizenship on or after 12th of feb. 2014 ,,,, so the question is that will this absence of 35 days effect my application of citizenship?

[John]

35 days alone is not a problem. But in the 5 years to 12.02.14, how many days do you expect to have been outside the UK?

Also in the one year to 12.02.14, same question.

What would be a problem is if you were outside the UK mid-February 2009. So please confirm you were in the UK at that time.

[Amber]

It was postal application and took 8 months. my extension visa expired on 19/11/2012

No it did not, and this is important to you. Section 3C was in play. As the ILR application was submitted prior to the expiry of the previous visa, but the application had not been decided by the stated expiry date, Section 3C says that the old visa is "treated as continuing" until the new visa was granted. Therefore at no stage were you an overstayer.

As regards when you can apply for Naturalisation, as long as you were in no way to blame for the delay, as Amber has said to you, you can apply 15 months after the ILR application was submitted.

Of course ensure that you were physically in the UK exactly five years before UKBA will receive the application for Naturalisation.

thanks and last question ,,,,,,,,,I m going to india by the end of September 2013 for 35 days and (as you said) will be eligible for citizenship on or after 12th of feb. 2014 ,,,, so the question is that will this absence of 35 days effect my application of citizenship?

See Absences from the UK during the residential qualifying period (click)

[safdar]

35 days alone is not a problem. But in the 5 years to 12.02.14, how many days do you expect to have been outside the UK?

Also in the one year to 12.02.14, same question.

What would be a problem is if you were outside the UK mid-February 2009. So please confirm you were in the UK at that time.

I entered in the UK on 19-11-2007 and since then, I will be out of the UK (including 35 days when I will be going to india in September 2014) for 257 days by 12.02.14.

last time I went to india on 02.01.2012 and came back on 25.02.2012(total 49 days) and since 25.02.2012 I didn,t leave the UK.

I could not understand this question of moderator which says,, What would be a problem is if you were outside the UK mid-February 2009. So please confirm you were in the UK at that time.
on mid feb.2009 , I was in the UK but I couldn't understand why mid feb 2009.may be you misunderstood my HSMP JR route, it was 5 years towards ILR. please clarify it. thanks.

[Amber]

35 days alone is not a problem. But in the 5 years to 12.02.14, how many days do you expect to have been outside the UK?

Also in the one year to 12.02.14, same question.

What would be a problem is if you were outside the UK mid-February 2009. So please confirm you were in the UK at that time.

I entered in the UK on 19-11-2007 and since then, I will be out of the UK (including 35 days when I will be going to india in September 2014) for 257 days by 12.02.14.

last time I went to india on 02.01.2012 and came back on 25.02.2012(total 49 days) and since 25.02.2012 I didn,t leave the UK.

I could not understand this question of moderator which says,, What would be a problem is if you were outside the UK mid-February 2009. So please confirm you were in the UK at that time.
on mid feb.2009 , I was in the UK but I couldn't understand why mid feb 2009.may be you misunderstood my HSMP JR route, it was 5 years towards ILR. please clarify it. thanks.

Because, you must have been physically present in the UK 5 (or 3 if married/civil p of a British citizen) years before the Home Office receives your citizenship application.

[safdar]

35 days alone is not a problem. But in the 5 years to 12.02.14, how many days do you expect to have been outside the UK?

Also in the one year to 12.02.14, same question.

What would be a problem is if you were outside the UK mid-February 2009. So please confirm you were in the UK at that time.

I entered in the UK on 19-11-2007 and since then, I will be out of the UK (including 35 days when I will be going to india in September 2014) for 257 days by 12.02.14.

last time I went to india on 02.01.2012 and came back on 25.02.2012(total 49 days) and since 25.02.2012 I didn,t leave the UK.

I could not understand this question of moderator which says,, What would be a problem is if you were outside the UK mid-February 2009. So please confirm you were in the UK at that time.
on mid feb.2009 , I was in the UK but I couldn't understand why mid feb 2009.may be you misunderstood my HSMP JR route, it was 5 years towards ILR. please clarify it. thanks.

Because, you must have been physically present in the UK 5 (or 3 if married/civil p of a British citizen) years before the Home Office receives your citizenship application.

thanks sir.....so keeping in mind the above details about my immigration history,,i should be fine for citizenship application?

[Amber]

So far as you meet the standard requirements.

[safdar]

So far as you meet the standard requirements.

thanks ,,,may God bless you.

[khan0786]

Chapter 18 Annex B paragraph 7.5(g) of the Nationality Staff Instructions states:

7.5 Discretion to disregard immigration time restrictions in the final 12 months may
normally be exercised if:

(g) consideration of an application for indefinite leave to remain, made more than 15
months before the citizenship application, had been protracted through no fault of the
applicant, providing ILR was eventually granted. This can include applications for
asylum which have resulted in the grant of ILR (you should note that any asylum
cases granted on or after the 30 August 2005 will not result in ILR, applicants will
instead be given limited leave).

[khan0786]

Chapter 18 Annex B paragraph 7.5(g) of the Nationality Staff Instructions states:

7.5 Discretion to disregard immigration time restrictions in the final 12 months may
normally be exercised if:

(g) consideration of an application for indefinite leave to remain, made more than 15
months before the citizenship application, had been protracted through no fault of the
applicant, providing ILR was eventually granted. This can include applications for
asylum which have resulted in the grant of ILR (you should note that any asylum
cases granted on or after the 30 August 2005 will not result in ILR, applicants will
instead be given limited leave).

[01yoseph]

dear khan0786

my question is

If it takes more than 8 months for UKBA to process an ILR
application, does the processing time count towards the nationality
requirement? Or does one have to wait for 12 months from the date
of issue of ILR to apply for nationality?

For example, if one applied for ILR in May 2012, receives ILR in
January 2013, can a person then apply for nationality in May 2013 or
would he have to wait for 12 months after date of issue of the ILR
which in this example would be January 2014?

I couldn't find any specific information on UKBA
website on this. The nationality section says you should have been
free from immigration time restrictions during the last 12 months
of the residential qualifying period. So is the ILR processing time
counted towards restriction free time?

[01yoseph]

dear khan0786

my question is

If it takes more than 8 months for UKBA to process an ILR
application, does the processing time count towards the nationality
requirement? Or does one have to wait for 12 months from the date
of issue of ILR to apply for nationality?

For example, if one applied for ILR in May 2012, receives ILR in
January 2013, can a person then apply for nationality in May 2013 or
would he have to wait for 12 months after date of issue of the ILR
which in this example would be January 2014?

I couldn't find any specific information on UKBA
website on this. The nationality section says you should have been
free from immigration time restrictions during the last 12 months
of the residential qualifying period. So is the ILR processing time
counted towards restriction free time?

[Amber]

This is a benefits forum, you should see here (click)