14 Year Continuous Residence ILR and Nationality

[saliame]

Hi,

I have a question on behalf of my friend who has an ILR on 14 Year Continuous Residency which was granted in Sep 2013, the query is when he can apply for British nationality?

Please if someone can shed some light.

Many Thanks in advance.

KR

[CR001]

What was his full immigration history before he got ILR?

[saliame]

Entered UK in 1998 on a visit visa then overstayed until applied for ILR in 2012 which was initially refused by HO with a right of appeal and then granted in 2013 by the court.

Apologies, if I am missing something specific you wanted to know.

[vinny]

Probably Sept 2023.

[saliame]

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).

So if HO has recognized(by given him ILR on 14 Year Continuous Residence) that he came in 1998? What would be the scenario then?

Your valuable input will highly be appreciated.

Thanks

[saliame]

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).

So if HO has recognized(by giving him ILR on 14 Year Continuous Residence) that he came in 1998? What would be the scenario then?

Your valuable input will highly be appreciated.

Thanks

[CR001]

He will likely only succeed in a positive citizenship application in 2023, 10 years after he legalised his immigration status with ILR, as per the link Vinny has provided about the new Good Character requirements which are much stricter than before.

Immigration rules and nationality rules and criteria are different.

[egoneo]

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).

So if HO has recognized(by given him ILR on 14 Year Continuous Residence) that he came in 1998? What would be the scenario then?

Your valuable input will highly be appreciated.

Thanks

Its irrelevant that he has ilr at this point, they will still look at your full immigratoin history and make a decision on that regardless of if it was given the "ok" for ilr.

If he had applied in September 2014, he would have had a ( slim) chance that it would have been approved.

[saliame]

I understand now, thanks for your valuable comments.

KR