When can I apply for naturalisation

[kb8689]

Hi guys

Abit of help will be appreciated please

I have lived in the Uk since 2014, initially on a 6 month visitors visit which I overstayed until 2008 when I was arrested at this point also in possession of a false passport I used for employment. I was given a 6 month prison sentence from feb 08 and served 3, whilst in custody I applied for asylum which was refused and the judge made a recommendation at the appeal that I return home with my then partner who I had a baby with and get married so we did.

We got married in my home country in February 2011 and I was granted ILR from my home country as a spouse.

Unfortunately things didn't work out for the marriage, we are now divorced but I still have an active parenting role in my daughters life.

I currently have a no time limit biometric card.

I am looking to apply for British citizen, do I have to wait 5 years from when I was granted ILR from my home country? Or does the 3 year residency for spouses still apply to me even though we are divorced?

Also I read somewhere that the rehabilitation period for criminal convictions has changed now, I know my imprisonment from 2008 means it won't be spent until after 7yrs but the new law means it will now be spent in just 2yrs. Does this apply to naturalisation applications or does the 7yrs still apply?

Any help and advise will be appriciated

Many thanks

Kb

[milan69]

You can not apply as a spouse of BC because you a re not married to a BC.
You would have to have been married for the last 3 years from the moment you apply.

[fwd079]

Experts can tell you better but don't think you are a spouse anymore, so no spousal benefits apply.

[kb8689]

Correction : been in the uk since 2004 (not 2014)

Thanks Milan69... That's what i thought.

Can any one shed abit of light on the rehabilitation period changes and if it applies to naturalisation applications? Please see below.

https://www.gov.uk/government/uploads/s ... idance.pdf

Page 5 ( custodial sentence of 6 months or less )

Thanks

[kb8689]

Also....

Since it can't be the 3 yr spouse route to naturalise
I was wondering if the 5 yr residence is meant to start when I came back after getting ILR from my home country or will all the time i was already in the uk as an asylum claimant count towards the 5yrs cuz I was actually only in my home country for 3 week from point of arriving, getting married, applying and being granted the ILR and returning to the Uk

Is the period when I claimed asylum part of the 5 yr lawful residence mentioned on the naturalisation guidance?

Thanks

[Casa]

ILR isn't issued outside of the UK. I can't see how you could have qualified for Indefinite Leave to Enter (KOL required) either.

[kb8689]

Indefinite leave to enter which changes into Indefinite leave to Remain once you've entered the Uk.

It defo is ILR because I've transferred it to a No Time Limit biometric residence permit

[Casa]

Did you pass the Life in the UK test? Sorry I edited my last post while you were posting a reply.

[kb8689]

No I didn't need that, I only did the English test b4 I left the uk to apply, believe me, it took me 3 yrs to find out it was ILR, I just thought it was just a 2 yr probationary spouse visa until a staff member from UKBA employee support line explained that indefinite leave to enter is the same as ILR once u enter the Uk and that the 2 year expiry date on the visa is meant for me to enter the Uk before that expiry date.

It was because of this that I decided to apply for an NTL (no time limit) biometric card which was issued to me straight away, so am guessing my 5 yr counter for naturalisation started when I entered the uk with the ILR in my passport

I have passed the life in the uk test now tho waiting for my naturalisation application

[Casa]

It appears that they made an error in issuing ILR. Your original visa would have been a 2 year probationary spouse visa. ILE was only issued to couples who were married and had been living outside of the UK together for a minimum of 4 years. I don't know how this wasn't picked up when you applied for your NTL. They may have issued the wrong code of ILE. I'm assuming you mean you completed an ESOL course when you say you passed an English test before you left the UK?
Disregarding whether or not you were correctly issued with ILR, you won't qualify for BC until 2016 due to your divorce from a BC.
I'll let others answer regarding whether your criminal conviction will be considered as spent.

[kb8689]

My original application was for a spouse visa as u said so only expected the 2 yr probabtionary spouse visa which is what I thought I got cuz it did have a 2 year expiry date, yes it was the Esol test that I passed.

At the end of the 2 yr period I applied to the home office for access right to a child so I could carry on living in the uk as were already going through a divorce at the time anyway, the application was rejected because I couldn't submit my daughters British passport cuz the mother wouldn't give it to me, at the appeal I explained why I couldn't so the judge requested the UKBA to check my daughters British nationality themselves so they did and withdrew the appeal, so I was waiting for them to make a decision on the access right to a child application but since they had my passport and all my documents which I needed for a new job, I made an enquiry about my ability to work on the employee support help line and this is when I was told over the phone about my status being ILR

I then put in a formal complaint as to why the case officer dealing with my access right to a child application didn't pick up that I already had ILR. They wrote back and returned my documents and also gave me a full refund for my access right to a child application, I then applied for the NTL biometric card and it was issued straight away.

To be completely honest I was panicking that they would correct their error of issuing the ILE from my home country but I guess they didn't or they couldn't or had their reasons for issuing it.

So since that was issued in feb 11, I should be able to apply for naturalisation in February 16, which by which time 7 years would have passed as my criminal conviction was in 2008 anyway.

[Casa]

If you read through the British Citizenship booklet - 'Requirements' you will see the following in the good character/criminality table:
Custodial sentence of 12 months to 4 years - Application will normally be refused unless 15 years have passed since the end of the sentence.

[kb8689]

My sentence was only 6 months though which I served 3 months of it. So that puts me in the 7 year rehabilitation period doesn't it?

[Casa]

Yes, you're right. I read as 3 years not 3 months. It's been a long day!

[kb8689]

Thanks Casa for your responds so far, so if this ILE was an error, they can't really go back on it can they, seeing as they refunded my access right application fee in full and also issued a NTL bio card?

I still worry a little lol

[milan69]

5 years residence period counts as being a UK resident for the past 5 years from the moment you apply for naturalisation. In addition to that you must have had ILR for at least 12 months.

[kb8689]

Hi Milan69,

I got issued my ILE from my home country in February 2011 and entered the Uk February 2011 which means I've had my ILR since feb 2011, so should be able to naturalise in feb 2016 ( after 5yrs) would have had ILR continuously for 5yrs

[Casa]

According to the OP he's had ILR since entry in 2011, albeit possibly issued in error.
kb8689 it appears that there were several instances of ILE being issued incorrectly in 2011, possibly by the same Entry Clearance Officer. It seems that unless false or withheld information was involved in the application the UKVI won't revoke the visa.