Proving legal status in UK prior to obtaining ILR

[Intrepid V]

Hello. My situation is this. I have been in UK since 1997 (when I was a child). My mother moved here with me then and claimed asylum approximately two weeks later after arriving in UK. Our country's passport allowed us to fly freely into UK (visa was not required).

In 2004, me and my mother were granted ILR due to a certain government amnesty. The ILR was in the form of a letter sent by post. I have never put the ILR stamp in my passport. When I travel abroad, I show them the ILR letter.

(Our individual asylum case had no relevance to the government amnesty, many families that satisified certain criteria received ILR at the time.)

Now I intend to apply for naturalisation. Three questions:

1) The date of arrival into UK. Is this the date when my mother and me physically arrived at the UK border, or when she claimed asylum?

2) How to prove that I was in UK legally from 1997 till 2004 (when I received ILR)? I don't have any official paperwork relevant to me from that time. My mother only kept some "identity"-type document she was given at Home Office when she claimed asylum (this document is double sided, one side has her photograph, the reverse has my photograph, and some basic personal information, and states the date when we arrived in UK). I wouldn't have any legal paperwork dating back to that time anyway, since I was a little child. Is this document enough to prove my legal status in UK prior to receipt of ILR?

3) Should I explicitly clarify (say write a covering letter) explaining my immigration status from 1997-2004, or is that not required? Especially given that I was still 17 years of age when I received ILR in 2004?

I could also try to obtain old school attendance records, but that may take time and I don't really want to waste time and energy obtaining documents that are not required.

[noajthan]

Suggest seeing what's on your file at UKVI by requesting a SAR.

[Intrepid V]

Suggest seeing what's on your file at UKVI by requesting a SAR.

Thanks.

I had a look at the document my mother was issued. It an official Home Office stamped document that states that she has applied for asylum in 1997, and that she is accompanied by one son (that is me). My name, date of birth and photo is given. The document states the date of arrival in UK, date of asylum application and our old addresses in UK from that time.

I think that this is sufficient for evidence on the naturalisation application form.

In the event they are not satisfied, what would happen? Would they write back to me requesting more evidence?

[noajthan]

Thanks.

I had a look at the document my mother was issued. It an official Home Office stamped document that states that she has applied for asylum in 1997, and that she is accompanied by one son (that is me). My name, date of birth and photo is given. The document states the date of arrival in UK, date of asylum application and our old addresses in UK from that time.

I think that this is sufficient for evidence on the naturalisation application form.

In the event they are not satisfied, what would happen? Would they write back to me requesting more evidence?

Not sure that covers you until 2004.
A SAR will show what HO knows about you.

[Intrepid V]

What happens if I apply without SAR, and they decide they want more info? Would they write to me requesting more evidence?

[Intrepid V]

By the way. What if I obtain letters confirming school attendance? Would that help?

[cs95tdg]

What happens if I apply without SAR, and they decide they want more info? Would they write to me requesting more evidence?

The advantage of making a SAR in before you apply, is that you will know what they have on record and can thereby make a informed decision around your application.

In response to your question, there are instances you see the HO making a decision with the information available if they believe they have all the information necessary, sometimes resulting in a refusal without requesting additional information. Then there are others where they send a request for additional information to be provided by the applicant within a very short timeframe. There is always the option of submitting a reconsideration request in the event of a refusal, but there can be a significant delay in the decision if you had to go down that route.

Due to the above, the associated fee, and your particular circumstances, my personal view would be that it would be safer to request a SAR before you apply. But it's ultimately a personal choice you need to make depending on how you perceive the pro's of applying with the information you have available at the moment.
http://www.immigrationboards.com/britis ... 14405.html

[Intrepid V]

What happens if I apply without SAR, and they decide they want more info? Would they write to me requesting more evidence?

The advantage of making a SAR in before you apply, is that you will know what they have on record and can thereby make a informed decision around your application.

Thank you for detailed reply. As I understand, SAR is just something that helps me make a more precise application. However the thing is that surely that doesn't make a difference since I have no other official documents (except that asylum document I wrote about above) from HO anyway? So I would be still unable to provide any other official evidence regardless of SAR...

[cs95tdg]

What happens if I apply without SAR, and they decide they want more info? Would they write to me requesting more evidence?

The advantage of making a SAR in before you apply, is that you will know what they have on record and can thereby make a informed decision around your application.

Thank you for detailed reply. As I understand, SAR is just something that helps me make a more precise application. However the thing is that surely that doesn't make a difference since I have no other official documents (except that asylum document I wrote about above) from HO anyway? So I would be still unable to provide any other official evidence regardless of SAR...

My belief would be that it should confirm the date of when you were granted ILR, and also your entry into the country - the latter which you say you don't have any evidence of as you were a minor at the time? It may show the date you & your mother were granted asylum as well. But for some reason, it doesn't show this on record, then you would know that this would be what a caseworker assessing your application would see and base their decision on. It in essence gives you the opportunity to do any additional groundwork that may be necessary as a result of that before you apply.

[Intrepid V]

My belief would be that it should confirm the date of when you were granted ILR, and also your entry into the country - the latter which you say you don't have any evidence of as you were a minor at the time? It may show the date you & your mother were granted asylum as well. But for some reason, it doesn't show this on record, then you would know that this would be what a caseworker assessing your application would see and base their decision on. It in essence gives you the opportunity to do any additional groundwork that may be necessary as a result of that before you apply.

Let me clarify. Indeed I was a minor upon my entry to the UK (and was a minor when received ILR - 17 years old). But my mother's document that I wrote about her date of entry into UK, and so by default it also confirms the date of my entry. The reverse side of the document states my name, age and has the statement that my mother "is accompanied by one son".

So in essence, this is my proof of the date of entry to UK.


Another thing. I was never granted asylum. Our case was awaiting decision when the government amnesty came in power and we received ILR.


The ILR letter has the month and year on it, and official HO stamp, but no exact date.

[cs95tdg]

Let me clarify. Indeed I was a minor upon my entry to the UK (and was a minor when received ILR - 17 years old). But my mother's document that I wrote about her date of entry into UK, and so by default it also confirms the date of my entry. The reverse side of the document states my name, age and has the statement that my mother "is accompanied by one son".

So in essence, this is my proof of the date of entry to UK.

Another thing. I was never granted asylum. Our case was awaiting decision when the government amnesty came in power and we received ILR.

The ILR letter has the month and year on it, and official HO stamp, but no exact date.

Ok. So from what I see its unclear what your status would have been during the period from when you first entered, and then were granted ILR through amnesty. So a SAR may reveal that. Neither the document confirming date of entry or that letter which confirmed your ILR grant would give you visibility to that.

So a SAR may tell you what the HO classified your immigration status as, from when you first entered the UK to when ILR was granted - which focuses on the reason for this topic.

Having said that, as the good character requirement checks stated now only go back 10 years, it may not really have any effect on your application. Personally however I think it would be wise to be aware of the above by making a SAR, in the event it did come up unexpectedly given the frequent immigration & nationality law changes that have occured in the past & that could occur while your application is in progress.

[asp]

Assuming:
you and mother were given leave to enter at the airport
she made her asylum application before that leave expired
the asylum application had not been decided before the 2004 ILR

You would have been on s3C leave from the date the airport leave expired until the ILR. Gets more complicated if asylum had been refused or there had been appeals. That deals with status. Turning to proving presence - school records up to the time you left then any college/uni or work evidence, plus whatever passports you have been using to show the stamps.

No need for a SAR, just include the HO file reference number. HO will dig out the file.