DRL to ILR on 6 Year Route

[Teek-Tok]

Hi All,

I'll offer a timeline before presenting my questions which I am seeking expert advice on.

I was granted 3yr DLR on the 6 yr route in November 2010, renewed October 2013 and to apply for ILR October 2016. DLR was granted on the basis of Article 8 - Right to Family life, following an application submitted 15 October 2010. DLR arrived 23 November, same year. This was also on the basis of the time spent in the UK (from September 2000) till date of my application, having been (and still in a legally certified union with a British National since December 2002) and with a child at the time, Born 2005. I have since had another son, born 2013. We are a subsisting unit.

I was recently offered the opportunity of proceeding to the Emirates by my UK based employers to head the IT arm of our offices for a duration lasting 1 yr, beginning November 2015. My employers are aware of my current visa'ed situation and will wait on advisement from me before making the offer formal and in writing. Thus my question

1. Given the time spent and the duration between now and October 2016 when I will be required to apply for ILR, can I put in an application for ILR anytime between November 2015 and January 2016? or does it expressly have to be made EXACTLY a month to renewal? Will my application be refused out rightly if I were to make one at the start of next year? If my application where to be refused immediately, would this affect my current status or any future applications I will have to make?

2. Given either the option above or the mandatory (?) application date of October 2016, can I apply for Naturalisation immediately after being granted an ILR? or do I have to complete 1yr ILR before applying to change my Nationality?

I would need expert direction on either or both questions above and with any precedents cited where applicable.

Thanks for taking time out to read this.

[CR001]

1. Given the time spent and the duration between now and October 2016 when I will be required to apply for ILR, can I put in an application for ILR anytime between November 2015 and January 2016? or does it expressly have to be made EXACTLY a month to renewal? Will my application be refused out rightly if I were to make one at the start of next year? If my application where to be refused immediately, would this affect my current status or any future applications I will have to make?

No, you cannot apply any earlier than October 2016. If your application is refused, your current leave to remain should not be affected but you will lose the fee you pay for ILR (£1500 by post or £1900 in person appointment at the current rates).

2. Given either the option above or the mandatory (?) application date of October 2016, can I apply for Naturalisation immediately after being granted an ILR? or do I have to complete 1yr ILR before applying to change my Nationality?

Are you married to your British partner? You use the term 'legally certified union' so not sure what you mean.

[Teek-Tok]

Yes I am married. Apologies for the term used.

[CR001]

Once you have been granted ILR after 6 years DRL, you can apply for citizenship immediately as spouse of BC, provider you meet all the requirements including the good character requirement which changed and became more strict in December 2014.

[Teek-Tok]

Once you have been granted ILR after 6 years DRL, you can apply for citizenship immediately as spouse of BC, provider you meet all the requirements including the good character requirement which changed and became more strict in December 2014.

A good character requirement? I understand this to be/zero criminal or Civil records? I read somewhere (or maybe heard it too) that one's credit rating is also taken into consideration? I'll find out more about the good character requirements and hope for the best. I did take thr Life in the UK test in 2011 and I have been told I can take this anytime and the result will remain valid.

Thanks for the quick responses thus far.

[CR001]

The forum is full of refusals due to failing to meet the good character requirement. Some of the reason are below in addition to what you mention :

1. Periods of overstay and not holding a valid visa
2. Discrepancies in income declared to HO and HMRC and tax issues based on the discrepancies
3. Working in excess of hours permitted on a student visa
4. Illegal entry to the UK
5. Working illegally when having no right to work in the UK

HO don't do credit checks on people. The only thing they check is the insolvency register for bankruptcies, IVA's etc. See link below for more information.

http://www.immigrationboards.com/britis ... 36725.html

LIUK test does not expire so yes, you can use it and make sure you don't lose your test certificate. Depending on your nationality, you will also need to pass English Level B1 for ILR and citizenship.

[Teek-Tok]

The forum is full of refusals due to failing to meet the good character requirement. Some of the reason are below in addition to what you mention :

1. Periods of overstay and not holding a valid visa
3. Working in excess of hours permitted on a student visa
5. Working illegally when having no right to work in the UK
Depending on your nationality, you will also need to pass English Level B1 for ILR and citizenship.

Ah! I see. I have never been insolvent though I did have two defaults on CC payments. I however will hold back on Naturalisation (forever?), Given that the reasons highlighted above all pre-existed before I was re-documented. I did arrive as a Student - I have since completed a course here in the UK alongside a BSc awarded in a country where English is the language of instruction but which is not listed against the countries exempted in a list I glanced through last night. I'll look at sitting for an English test as well

[CR001]

I did have two defaults on CC payments.

Should not have any effect on your application if it has been paid or you are making repayments etc.

If your foreign degree is recognised on the points based calculator or if you have a NARIC assessment, this will suffice to meet the English requirement.

Given that the reasons highlighted above all pre-existed before I was re-documented.

What do you mean? What is your full immigration history?

[Teek-Tok]

Given that the reasons highlighted above all pre-existed before I was re-documented.

What do you mean? What is your full immigration history?

Sept 2000: Arrived as an MSc student
March 2001: Applied to extend
Sept 2002: Missed 28 day deadline, withdrew application.
Sept 02 - Oct 2010
Oct 2010: Applied for Leave to Remain
Nov 2010: DLR granted
Oct 2013: DLR extended by 3yrs

I had continued to work full time for the entire stay and had submitted my P60s and ALL payslips from '01 to date with both applications made.

I was married in a Registry (Dec 2002 - date) to a British National - by birth. Two kids - 2005, 2013.

[CR001]

Sept 02 - Oct 2010

What was your immigration status during this time and did you work during this time?

[Teek-Tok]

What was your immigration status during this time and did you work during this time?

I overstayed. And yes I did work, full time for the entire period between.

[CR001]

You will likely face a refusal for any citizenship application you make once you have ILR and will only be eligible for naturalisation/citizenship 10 years after the date your stay became legal, as you fail on the good character requirement on two counts.

You will probably only qualify for citizenship in 2020 based on the current rules.

[Teek-Tok]

You will probably only qualify for citizenship in 2020 based on the current rules.

A punishment of sorts? That's a further 3 years...

You will likely face a refusal for any citizenship application you make once you have ILR

This has been the most precise and enlightening transcript I have had/found over the internet. Before yesterday, I was not aware that rules had changed (2014) nor that the VISA breach was made criminal in the same year and that I would have to clear 10 years in-country (as would apply to one with same misdemeanour, barred from applying from overseas for the same period). I am one of 5 brothers, all settled in the UK and with children, mostly grown up, no parents and no ties to my home country. Neither wife nor self had claimed any form of benefits and credits since birth and I have never not worked and contributed. The nature of my job, as obtuse as this may sound, limits my progression as there is a 'silent' favour for BCs than for other nationals except where I am exceptionally good at what I do, which I am not. My next option will be to begin working on emigrating to Canada, post-ILR and via a request to clear my taxes completely.

It hurts being labelled a criminal before being accepted as 'one of'

[CR001]

I am sorry to be the bearer of bad news but HO is clamping down on years of people abusing the system.

You need to remember that if you leave the UK for 2 or more years after you get ILR, you lose your ILR status and if you want to come back, you have to start again from scratch or hope that you can get a returning resident visa.

5 years to go (from now) before you will qualify for citizenship, it is not that far away.