25 years ILR -> naturalisation and citizenship

Hi all,

My mother has had ILR for over 25 years. Apart from short holidays she had been residing in the UK for the first 15 years, during this time she did not apply for naturalisation/citizenship.

This was followed by a 7-8 year period of living abroad although she retained her ILR throughout. She's been back in the UK for just over 18 months now and would like to apply for naturalisation and citizenship. Based on the above, does she have any grounds to make a successful application right now or is it likely that she would have to wait the full 5 years? Thanks for looking and keep up the great work on this forum!

See also Who can apply for British citizenship and other forms of British nationality? She has to satisfy all the requirements at the time of application.

What I'm getting at is the "Discretion" bit, does 25 years ILR count for anything? Do you know of anyone who has has been naturalised before the 5 year count on similar grounds?

I'm a little confused. If she had ILR and then left the country for 7-8 years, then doesn't she lose her ILR given that she did not spend the requisite period of time in any year within the UK? Or am I thinking of something else here?

drjabberwocky23 wrote:I'm a little confused. If she had ILR and then left the country for 7-8 years, then doesn't she lose her ILR given that she did not spend the requisite period of time in any year within the UK? Or am I thinking of something else here?

That's what I was thinking - unless she's kept it 'alive' by frequent visits to UK or maintaining a home here?

I'm glad I wasn't the only person thinking that. It then raises the question about how it wasn't picked up at the airport on her return to the UK.

Nirooo - what is your mother's current status in the UK? Is she working? Or is she here as your dependant?

The condition of her ILR is one visit to the UK every 2 years and that has never lapsed since it was granted 25 years ago. My mother has been been in full time employment for around 6 months now. The way I like to look at it (maybe this is ambitious) is over the last 35 years, 26.5 of them were spent in the UK with ILR so she may not have to wait the full 5 years for naturalisation.

If she is in the country currently on ILR, has held this continously for 25 years, and has not breached the terms of her ILR in any way, then I would imagine she would be OK to apply for naturalisation.

drjabberwocky23 wrote:If she is in the country currently on ILR, has held this continously for 25 years, and has not breached the terms of her ILR in any way, then I would imagine she would be OK to apply for naturalisation.

Incorrect advice! ... she may have breached her continuity of residence for naturalisation even though she kept ILR.

The condition of her ILR is one visit to the UK every 2 years

Simply visiting every two years does not mean you have ties with the UK. The rules say you could be out for up to two years but must then be returning to settle again or prove very strong ties with the uk (house, immediate family etc), not just a short visit to keep the vise going. IMO seems she is lucky that there wasn't more scrutiny of her ILR when she came back.

HO could exercise discretion with regards to the 5 year rule, but it is a long shot and might only raise questions about her being out of the country for longer than ILR allows. Given she spent 15 years in the UK before that should help but spending 8 years outside afterwards could easily suggest ties with another country.

Perhaps rather than risk it you should get immigration lawyer advice or phone up HO and ask about such a case?

JAJ wrote:

drjabberwocky23 wrote:If she is in the country currently on ILR, has held this continously for 25 years, and has not breached the terms of her ILR in any way, then I would imagine she would be OK to apply for naturalisation.

Incorrect advice! ... she may have breached her continuity of residence for naturalisation even though she kept ILR.

I stand corrected.
My apologies.

Simply visiting every two years does not mean you have ties with the UK.

There is no doubt regarding the validity of her ILR. During her 7-8 year absence from the UK she was in regular contact with the Home Office. In fact she recently got her ILR stamp transferred into a new passport.

Thanks for the advise, I will contact Home Office directly and failing that seek the advice of an Immigration Solicitor. Will post back with results at some point!