Ilr + LITU + British citzenship

[Alz3eem2018]

Dear forum,

I am back again. I have lost my username and password and had to register once again since I received my ILR in January 2018. Amazing forum and wont leave it at all. Helped me on my ILR queries and then my wife's spouse visa. Very thankful to the forum.

My question are as follows

1. I received my ILR after (3 x2 dlr) on the 25/01/2018. When can I submit (or the earliest date) my British citizenship application?

ANSWER:

2. I have booked my LIFE IN THE UK TEST on the 30th of this month. Am I right by doing it now, is there no timeline for when I can start doing the test. Some one said you need to wait for a year then do the test....I think he's wrong but thought to double check.

ANSWER:


3. Other than my English language test which I don't need as I am a graduate and have a degree too...Any advices I should take on board from you guys to prepare for until the date of my citizenship application?

ANSWER:


Regards and waiting for your responses and helpful guidance

[CR001]

Deactivated old username.
member/Alz3eem2002/

My question are as follows

1. I received my ILR after (3 x2 dlr) on the 25/01/2018. When can I submit (or the earliest date) my British citizenship application?

ANSWER: Once you have held ILR for a full 12 months.

2. I have booked my LIFE IN THE UK TEST on the 30th of this month. Am I right by doing it now, is there no timeline for when I can start doing the test. Some one said you need to wait for a year then do the test....I think he's wrong but thought to double check.

ANSWER: You can do LIUK at ANY time before applying for citizenship, it does not expire. 'someone' is talking rubbish.

3. Other than my English language test which I don't need as I am a graduate and have a degree too...Any advices I should take on board from you guys to prepare for until the date of my citizenship application?

ANSWER: Make sure you meet the good character requirements and have not overstay or time without legal status as you will be refused.

[Alz3eem2018]

Thank you very much CR001. nice to see your advisable knowledgeable comments.. I KNEW ill get the best advice....

I HAVE AN enquiry which you replied on...You said I shouldn't be an overstayer...

I came to the country in 2002 as a minor asylum seeker...given exceptional leave to remain until 2005 (until I became 18 years old).

Then got refused for my extension and had no leave until I received my first 3 years Dlr in 2011 (outside immigration rules).

Then received my 2nd 3 years dlr in 2015 in which the extension application went straight with approval.

I received my ilr after completing 6 years (outside immigration rules) in January 2018.

So will the time being refused and without leave to remain between 2005 until 2011 affect me.

[CR001]

Yes it will affect you. Your safest option is to wait till 2021, 10 years after your initial grant of DLR and your status became legal.

Link below is the Good Character requirement.

british-citizenship/british-citizenship ... 05532.html

[Alz3eem2018]

Hi CR001..
I CLAIMED ASYLUM IN 2002 AND THEN I GOT REFUSED MY LEAVE TO REMAIN EXTENSION IN 2006...WHICH MEANS I AM WELL OVER THE 10 YEARS...I HAVE SEEN THIS ON THE LINK YOUVE SENT ME...I KNOW OF PEOPLE WHO APPLIED AND HAD THE SAME SCENARIO AND GOT THEIR CITIZENSHIP....


Q14A – I have breached immigration rules/I was an overstayer in the past; will this lead to a refusal?

Please also see here (click) for further information.

I entered the UK illegally will this impact my application?

If you entered the UK illegally in the past your application will normally be refused for 10 years from:

1 – The date in which you entered the UK illegally if this is known to the Home Officer or

2 – The date in which you first brought yourself to the attention or came to the attention of the Home Office.

For example, Joe entered the UK illegally in September 2007 and came to the attention of the Home Office in March 2008. Joe applied for citizenship in January 2015. Joe’s application was refused. Joe’s application will normally be refused until at least March 2018. This is because Joe entered the UK illegally and will therefore, normally be refused for 10 years from (2) the date in which he become known to the Home Office (March 2008).

[Alz3eem2018]

AS AN ADDITION..MY SOLICITOR WHICH REALLY REALLY GOOD AND HAD THE SAME CASE PREVIOUSLY HAS TOLD ME THAT I NEED TO WAIT UNTIL I FINISH THE YEAR OF HOLDING MY INDEFINITE LEAVE TO REMAIN AND THEN APPLY FOR CITIZENSHIP....

nOT DOUBTING YOU AT ALL AS YOU HAVE BEING VERY VERY HELPFUL PREVIOUSLY AND YOUR ONE OF THE ACTIVE MODERATERS.. bUT HAVE YOU MISSED SOMETHING READING MY TIMELINE?

[CR001]

Go with what your solicitors says then and let us know the outcome. Using a solicitor does not give your application any special consideration or leniency.

You had leave to remain, then you had no leave to remain for 6 years m(2005 to 2011). This is substantial. And if you worked in this time, it will also be a failure on the good character requirements.

LEAVE TO REMAIN EXTENSION IN 2006...WHICH MEANS I AM WELL OVER THE 10 YEARS

You misunderstand. The Good Character requirement is applied to the 10 years immediately before applying for citizenship. Your safest option would be to wait till you have 10 years of LEGAL STAY, i.e. from DLR grant in 2011.

Citizen laws are completely separate to immigration rules. What might be accepted for ILR will not necessarily be accepted for citizenship.

If you are refused, you lose your fee. There is also no appeal process for refused citizenship applications.

[Alz3eem2018]

The reason im confused about your advice is that my brother came after me around 2005 and got refused too.
He received his 5 years DLR IN 2011...His ILR was approved last year and 2 months ago has just received his citizenship and passport..

You see why im confused...

[CR001]

How old was your brother when he came?

Did he make the same applications as you?

Anything different in his case at all?

[Alz3eem2018]

Hi CR001,

You were right my solicitor confirmed this but didn't give me anything in detail just send me a pdf file about it.

1. What is this good character?

2. When was it introduced?

My brother had the same situation but slight difference as he was one year less from the 10 years good character but he even never knew about it.

Lets say someone came to the country and claimed asylum and he received 5 years refugee status and then ILR. Would they need to wait 10 years too. Or is it a way to say if you get refused previously you'll need to wait from your first DLR 10 years onwards.


9.5 Illegal Entry

In circumstances where an applicant entered the UK illegally, an application for citizenship
should normally be refused for a period of 10 years from the date of entry, if it is known. If
it is not known, the period of 10 years starts from the date on which the person first brought
themselves to or came to the attention of the Home Office.



Am I under this category...……….?But I claimed asylum in 2002 and have evidence that the home office were aware of the asylum claim...Am I missing something here..

[CR001]

It doesn't change the fact that you had no legal status in the UK for 6 years.

Then got refused for my extension and had no leave until I received my first 3 years Dlr in 2011 (outside immigration rules).

Did you submit any appeals or other applications in this time? You need to provide more details of what you did during this period before you got DLR.

Your choice if you wish to apply but if you are refused, you will lost your fee.

[CR001]

1. What is this good character?

Already provided you with the link, suggest read it thoroughly.

Yes it will affect you. Your safest option is to wait till 2021, 10 years after your initial grant of DLR and your status became legal.

Link below is the Good Character requirement.

british-citizenship/british-citizenship ... 05532.html

2. When was it introduced?

December 2014 and is applicable to Citizenship applications and not ILR.

[Alz3eem2018]

If not mistaking I got refused in 2005 or 2006 for leave to remain extension (I came to the country in 2002 as a minor and received Descretionary leave to remain until 2004)

Went for Tribunal and still got refused.

from 2006 till 2010 I tried contacting the home office for reconsideration but no success until in 2010 I received a letter suddenly from the Home Office stating that they are starting to decide older cases and they have a backlog and wanting me to send photos.

24 August 2011 I received my first 3 YEARS DLR OUTSIDE IMMIGRATION RULES.


Sorry cr001 for asking you a lot but yesterday you highlighted something new and this has shocked me.

If you entered the UK illegally in the past your application will normally be refused for 10 years from:

1 – The date in which you entered the UK illegally if this is known to the Home Officer or

2 – The date in which you first brought yourself to the attention or came to the attention of the Home Office.


It states above from the date I entered the uk illegally and that was 2002..so I should be refused for 10 years from 2002....

[CR001]

Yes it does state that, but it also states that any period of overstaying with no visa/legal status in the 10 years preceding citizenship application, will count against you, which is why 2005-2011 is the issue.

[Alz3eem2018]

THANKS CR001....

Atleast if iv not had this convo with you yesterday I would have thought that im good for January to apply...Thank you and I can highlight that youre very supportive and patience...
Anyway its 3 years....

1-If I apply in January and get refused what is the disadvantage...would that count as a negative outcome against me when applying again in 2021...?


2-LIFE IN THE UK TEST...I HAVE BOOKED FOR THE END OF THIS MONTH...DO YOU THINK I SHOULD CANCEL IT OR WOULD I BENEFIT FROM IT IF I PASS - what is your advice?

[CR001]

1-If I apply in January and get refused what is the disadvantage...would that count as a negative outcome against me when applying again in 2021...?

No it does not count as a 'negative'. You simply apply again and pay whatever the fee is in 2021.

2-LIFE IN THE UK TEST...I HAVE BOOKED FOR THE END OF THIS MONTH...DO YOU THINK I SHOULD CANCEL IT OR WOULD I BENEFIT FROM IT IF I PASS - what is your advice?

LIUK test does not expire. You can still keep your booking and use it in 2021. Don't lose the Test Pass letter though as you will then have to redo the test.

[Alz3eem2018]

Finally I would like to thank you CR001...

YOUVE been helpful since my ILR Application and then my wife's spouse visa application and got a lot advises from you. I am generally more aware of these general immigration rules but things like this could be missed if your not up to date..

1 - Ill decide by this December if I want to apply for citizenship in January comparing it to my brother's application and evaluating the possibility. As you said the only negative is that I would lose my money.

2- I think I should do the test this month as I have booked it and revised for it and as you said it has no timeline or expiry..so I can pass it and keep it secured next to me until needed.

Thank you very much CR001...

[CR001]

You're welcome. All the best.