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Naturalisation : when does 5 years start?

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martyk
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Posts: 5
Joined: Sat Sep 22, 2007 3:06 pm
Location: Newry

Naturalisation : when does 5 years start?

Post by martyk » Wed May 07, 2008 10:47 pm

Hi all immigration officiados, can you help me with this conundrum.
My wife arrived on these shores in March 2002 and applied for asylum in April 2003 and only succeeded in being granted after appeal in May 2004. In accordance with BIA rules (which were on the website until recently) she could only apply for naturalisation on the 5th annivesary of the day she was free from any immigration restrictions. Now the same rule appears to have disappeared from the web site, unless I cant find them
In the circumstances , i would like to know when she can send in her application for naturalisation :roll: :roll: :?:

vinny
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Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

Post by vinny » Thu May 08, 2008 3:26 am

Has your wife obtained ILR? What nationality are you?

See also Can I be naturalised as a British citizen? and Chapter 18: Naturalisation at discretion.
Standard requirements for naturalisation wrote:Start of the residential qualifying period


The residential qualifying period will be worked out from the day we receive your application. Most unsuccessful applications fail because the applicant was not present in the United Kingdom at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we received your application on 25 November 2005, you would have to show that you were in the United Kingdom on 26 November 2000.
Standard requirements for naturalisation wrote: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.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

martyk
Newly Registered
Posts: 5
Joined: Sat Sep 22, 2007 3:06 pm
Location: Newry

Naturalisation : when does 5 years start?

Post by martyk » Thu May 08, 2008 6:46 am

Thanks Vinny , she got her ILR on the day she was granted her asylum ie 2004

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