CASE RESOLUTION

[masimba]

hi
l was granted indefinate leave to remain under ther case resolution. l have been in this country for 6yrs now. l just need to ask, when can l apply for NATURALISATION, do l wait for 5yrs or l can do it after 12mnths. please reply

[douces]

what was ur status before and what basis you granted ilr on

[masimba]

l was a failed asylum seeker and they sent me a questionaire and l was granted ILR under the legacy cases programme, this is the review of cases of people who had failed their asylum cases.

[Sweethina99]

is this done these days aswell??

[masimba]

YEP

[kg1983]

Congratulations. You're lucky. 7 and a half years and still no status here.

You can apply after 12 months.

[Sweethina99]

i doubted this ..this means a ray of light in the darkness

tell me details please as i havent applied asylum n not intend to do so..

[Sweethina99]

from sending the questionaire till getting the status how much time did it take for you??

[Sweethina99]

kg1983
why after 12 months why not now???

[thirdwave]

hi
l was granted indefinate leave to remain under ther case resolution. l have been in this country for 6yrs now. l just need to ask, when can l apply for NATURALISATION, do l wait for 5yrs or l can do it after 12mnths. please reply

I think you might have to wait for 5 years as the residence requirements clearly state that:

To demonstrate the residential requirements for naturalisation you need to:

have been resident in the United Kingdom for at least five years (this is known as the residential qualifying period); and

have been present in the United Kingdom five years before the date of your application; and

have not spent more than 450 days outside the United Kingdom during the five year period; and

have not spend more than 90 days outside the United Kingdom in the last 12 months of the five-year period; and

have not been in breach of the immigration rules at any stage during the five-year period.

The last bit is not true in your case..


http://www.bia.homeoffice.gov.uk/britis ... uirements/

[4444]

thirdwave is right . yu have to wait for five years.

[John]

have not been in breach of the immigration rules at any stage during the five-year period.

The last bit is not true in your case..

I do not think it is quite that simple.

masimba, when did you claim asylum in the UK? On arrival? If not, when you had valid leave (such as a visitor visa)? Or were you indeed, for example, smuggled into the country and then claimed asylum a bit later?

[4444]

19,000 asylum-seekers are allowed to stay as ministers deny amnestyRichard Ford, Home Correspondent
Nineteen thousand asylum-seekers whose cases date back to 1994 are to be allowed to stay in the country, the Home Office announced last night.

Tens of thousands more are also expected to be told that they can stay as officials work through a backlog of up to 450,000 files found in the immigration service. The figures are based on the completion of work on 52,000 files from the backlog. If a similar trend continues with the rest of the case files a total of about 160,000 asylum-seekers will be able to remain.

Whitehall sources said that the decision was not an amnesty. Lin Homer, chief executive of the Border and Immigration Agency, announced the first results of the work to clear the backlog in a letter to Keith Vaz, the chairman of the Commons Home Affairs Select Committee.

She said that out of the 52,000 cases concluded, 19,000, not including dependants, had been given indefinite leave to remain in the country and 16,000, including dependants, had been removed. The 19,000 given leave to remain will be eligible for a British passport within five years. Ms Homer said that a further 17,000 cases had been closed due to wrong or duplicate records. Many of those being allowed to stay are migrants whose initial applications failed and who should have been deported, and others are people whose claims were never considered as the sheer volume of asylum applications overwhelmed the immigration service. Others, such as applicants who have settled in Britain and started families, would be almost impossible to remove under human rights laws.

according to times he will be eligible after 5years

[masimba]

thank you all for replying.

[thirdwave]

19,000 asylum-seekers are allowed to stay as ministers deny amnestyRichard Ford, Home Correspondent
Nineteen thousand asylum-seekers whose cases date back to 1994 are to be allowed to stay in the country, the Home Office announced last night.

Tens of thousands more are also expected to be told that they can stay as officials work through a backlog of up to 450,000 files found in the immigration service. The figures are based on the completion of work on 52,000 files from the backlog. If a similar trend continues with the rest of the case files a total of about 160,000 asylum-seekers will be able to remain.

Whitehall sources said that the decision was not an amnesty. Lin Homer, chief executive of the Border and Immigration Agency, announced the first results of the work to clear the backlog in a letter to Keith Vaz, the chairman of the Commons Home Affairs Select Committee.

She said that out of the 52,000 cases concluded, 19,000, not including dependants, had been given indefinite leave to remain in the country and 16,000, including dependants, had been removed. The 19,000 given leave to remain will be eligible for a British passport within five years. Ms Homer said that a further 17,000 cases had been closed due to wrong or duplicate records. Many of those being allowed to stay are migrants whose initial applications failed and who should have been deported, and others are people whose claims were never considered as the sheer volume of asylum applications overwhelmed the immigration service. Others, such as applicants who have settled in Britain and started families, would be almost impossible to remove under human rights laws.

according to times he will be eligible after 5years

and expect naturalisation to be a different beast altogether in 5 years time....

[thirdwave]

have not been in breach of the immigration rules at any stage during the five-year period.

The last bit is not true in your case..

I do not think it is quite that simple.

masimba, when did you claim asylum in the UK? On arrival? If not, when you had valid leave (such as a visitor visa)? Or were you indeed, for example, smuggled into the country and then claimed asylum a bit later?

John, Correct me if I`m wrong but I'd imagine 'failed sylum seekers' would automatically be in breach of immigration rules once their claim has been refused (unless they are granted DLR for whatever reason)

[jimquk]

I would have thought that a failed asylum seeker who continued to abide by his terms of Temporary Admission (such as signing at Immigration when required) would not be in breach; the TA continues in force until removal procedures kick in and the applicant is either removed or absconds.

[John]

jimquk, I agree with that. Accordingly I don't think it is automatic that a failed asylum seeker has been in breach of immigration law. They might have been, but we cannot assume that to be the case.

[salimnina]

how about someone like me who is an abscond ? and I have a Judicial Review outstanding ? is it ok to go back and sign every month? or shall I be detained? the last info i have from the H/O is that I have an outstanding JR and still not solved though I am not signing...i don't know where to stand and what to do really, by the way what is a discontinued case of JR or case in the House of Lord..thanks

[hito]

hi
l was granted indefinate leave to remain under ther case resolution. l have been in this country for 6yrs now. l just need to ask, when can l apply for NATURALISATION, do l wait for 5yrs or l can do it after 12mnths. please reply

Within a year. as i have mentioned in a previous post you are in breach of the immigration rules but htere are ways around it. refer to the below website
and pay careful attention to section 8.10

http://www.bia.homeoffice.gov.uk/siteco ... chapter18/