Asylum Seeker Applicant due British Naturalisation (Good or Bad Character)?

[raobolton]

Dear Sir or Madam,

Good morning to everyone,

I am new, my friend just gave your forum link and I joined now.

My question for member of the forum as per following statement and needs helpful opinions;


I came to UK with family on 12 July 2008 at Manchester with valid visitor visa for six months, I was claim asylum after 3 months on 14 Oct 2008 at Liverpool Water Street Home Office. After one year my application of asylum refused, I appealed in court and refused, then higher Court of Appeal and was refused but after two months I got Discretionary Leave to Remain on out of immigration rules of 6 years route in 05 Jun 2012 (plus 1 extension), I got settlement (ILR) on 16 Aug 2018 (PSC at Sheffield), I have no criminal records or no recourse of funds during asylum time or no illegal jobs or overstayed in this country, I am very law abiding person.

My question is can I apply my Naturalisation now because over one year now but bit confused, some peoples said you are still wait for 10 years from first leave or some peoples said you can apply because you were legal at that time when you applied asylum on 14 Oct 2008, I request all the forum lovely and nice members to answer my query.

Looking forward to hearing from you.

Best Regards

[CR001]

See responses to the question your friend already asked.

british-citizenship/question-on-behalf- ... l#p1829951

[raobolton]

See responses to the question your friend already asked.

british-citizenship/question-on-behalf- ... l#p1829951

Hi Cr001,

Yes I read all the thread but that one is unclear, could you please please - this is my humble request! Please let me know that I am eligible to apply BC? Just please answer. Your kind reply will be much appreciated.

Best Regards

[Alz3eem2018]

i am in the same situation as you.

Claimed asylum in 2002
got 3 yeards dlr until i became 18 years old
refused extension in 2005
refused in tribunal 2008
started signing in 2010 in immigration centre
3 years DLR given in 2011 outside immigration rules.
2nd DLR awarded in 2015.
Applied for ILR in 2018 and granted.

Told by fellow members in this forum and solicitor to wait until 2021 to be within the 10 years clear.

Some asylum seekers applied and got granted and some got refused its a 50/50 and would lose your application money of £1350 only.

Asylum seekers are discriminated within this process.

[raobolton]

i am in the same situation as you.

Claimed asylum in 2002
got 3 yeards dlr until i became 18 years old
refused extension in 2005
refused in tribunal 2008
started signing in 2010 in immigration centre
3 years DLR given in 2011 outside immigration rules.
2nd DLR awarded in 2015.
Applied for ILR in 2018 and granted.

Told by fellow members in this forum and solicitor to wait until 2021 to be within the 10 years clear.

Some asylum seekers applied and got granted and some got refused its a 50/50 and would lose your application money of £1350 only.

Asylum seekers are discriminated within this process.

Thanks brother Alz3eem2018, This is sad news, so it will be 50/50 chance. I am waiting for senior member of the forum dear Cr001 reply, because he knows very good law knowledge.

Best Regards

[khalidhaku]

See responses to the question your friend already asked.

british-citizenship/question-on-behalf- ... l#p1829951

Hi Cr001,

Yes I read all the thread but that one is unclear, could you please please - this is my humble request! Please let me know that I am eligible to apply BC? Just please answer. Your kind reply will be much appreciated.

Best Regards

Dear Respected CR001,

Mr. Aman90 said in his comment wait for Moderators and seniors members opinions, you always gives very prompt and fruitful replies.

Please help and reply.

Thanks and Regards

[aman90]

I came to UK with family on 12 July 2008 at Manchester with valid visitor visa for six months, I was claim asylum after 3 months on 14 Oct 2008 at Liverpool Water Street Home Office.

After one year my application of asylum refused, I appealed in court and refused, then higher Court of Appeal and was refused but after two months I got Discretionary Leave to Remain on out of immigration rules of 6 years route in 05 Jun 2012 (plus 1 extension)

I got settlement (ILR) on 16 Aug 2018 (PSC at Sheffield)

Interestingly ur friend never mentioned all the other issues in between.
Did you make the fresh application within 28 days of final refusal?
As per my understanding your initial claim was made with a valid leave to enter- visit visa.

“Applicants who claimed asylum during a period of leave to enter or remain in the UK were not in breach of the immigration laws during consideration of their asylum claim and any in-time appeals. However, if the application was refused and the appeal dismissed, they will normally have been given 28 days’ further leave to remain. They will have been in breach if they remained in the UK after that 28 day period. This also applies to cases where the applicant was granted leave to enter or remain under a Humanitarian Evacuation Programme (HEP).”

Check against ur circumstances if you fulfil the above criteria.

[London22]

Dear Sir or Madam,

Good morning to everyone,

I am new, my friend just gave your forum link and I joined now.

My question for member of the forum as per following statement and needs helpful opinions;


I came to UK with family on 12 July 2008 at Manchester with valid visitor visa for six months, I was claim asylum after 3 months on 14 Oct 2008 at Liverpool Water Street Home Office. After one year my application of asylum refused, I appealed in court and refused, then higher Court of Appeal and was refused but after two months I got Discretionary Leave to Remain on out of immigration rules of 6 years route in 05 Jun 2012 (plus 1 extension), I got settlement (ILR) on 16 Aug 2018 (PSC at Sheffield), I have no criminal records or no recourse of funds during asylum time or no illegal jobs or overstayed in this country, I am very law abiding person.

My question is can I apply my Naturalisation now because over one year now but bit confused, some peoples said you are still wait for 10 years from first leave or some peoples said you can apply because you were legal at that time when you applied asylum on 14 Oct 2008, I request all the forum lovely and nice members to answer my query.

Looking forward to hearing from you.

Best Regards

Hello
You should apply &I think you will be granted citizenship as you applied on time &never worked illegally hence these two are the points where they refuse &mostly asylum seekers are targeted.Senior members of this forum are just normal people .They are not lawyers or home office &just share their experience from this forum .I think a person who knows English can know his case more better than asking others by reading different information available on home office wensite &other sources.
A group of refugees should take home office to high court on his good character test a tool to refuse many applicants.

[raobolton]

I came to UK with family on 12 July 2008 at Manchester with valid visitor visa for six months, I was claim asylum after 3 months on 14 Oct 2008 at Liverpool Water Street Home Office.

After one year my application of asylum refused, I appealed in court and refused, then higher Court of Appeal and was refused but after two months I got Discretionary Leave to Remain on out of immigration rules of 6 years route in 05 Jun 2012 (plus 1 extension)

I got settlement (ILR) on 16 Aug 2018 (PSC at Sheffield)

Interestingly ur friend never mentioned all the other issues in between.
Did you make the fresh application within 28 days of final refusal?
As per my understanding your initial claim was made with a valid leave to enter- visit visa.

“Applicants who claimed asylum during a period of leave to enter or remain in the UK were not in breach of the immigration laws during consideration of their asylum claim and any in-time appeals. However, if the application was refused and the appeal dismissed, they will normally have been given 28 days’ further leave to remain. They will have been in breach if they remained in the UK after that 28 day period. This also applies to cases where the applicant was granted leave to enter or remain under a Humanitarian Evacuation Programme (HEP).”

Check against ur circumstances if you fulfil the above criteria.

Thank you Aman sahab. After my first application refused I went to Immigration Tribunal at Manchester, then Upper Court and lastly Court of Appeal (all refused) no fresh application applied but got DLR after 2 months.

So, as per your kind words can I apply now.

Best Regards,

[raobolton]

Dear Sir or Madam,

Good morning to everyone,

I am new, my friend just gave your forum link and I joined now.

My question for member of the forum as per following statement and needs helpful opinions;


I came to UK with family on 12 July 2008 at Manchester with valid visitor visa for six months, I was claim asylum after 3 months on 14 Oct 2008 at Liverpool Water Street Home Office. After one year my application of asylum refused, I appealed in court and refused, then higher Court of Appeal and was refused but after two months I got Discretionary Leave to Remain on out of immigration rules of 6 years route in 05 Jun 2012 (plus 1 extension), I got settlement (ILR) on 16 Aug 2018 (PSC at Sheffield), I have no criminal records or no recourse of funds during asylum time or no illegal jobs or overstayed in this country, I am very law abiding person.

My question is can I apply my Naturalisation now because over one year now but bit confused, some peoples said you are still wait for 10 years from first leave or some peoples said you can apply because you were legal at that time when you applied asylum on 14 Oct 2008, I request all the forum lovely and nice members to answer my query.

Looking forward to hearing from you.

Best Regards

Hello
You should apply &I think you will be granted citizenship as you applied on time &never worked illegally hence these two are the points where they refuse &mostly asylum seekers are targeted.Senior members of this forum are just normal people .They are not lawyers or home office &just share their experience from this forum .I think a person who knows English can know his case more better than asking others by reading different information available on home office wensite &other sources.
A group of refugees should take home office to high court on his good character test a tool to refuse many applicants.

Dear Sir or Madam London22,

Thank you so much for your kind reply. I am not a technically sound with laws that's why asking help, some time these issues are so technical and hard to explain. For your kind comment can I apply now?

Need your reply.

Best Regards,

[aman90]

After my first application refused I went to Immigration Tribunal at Manchester, then Upper Court and lastly Court of Appeal (all refused) no fresh application applied but got DLR after 2 months.

Its beyond my comprehension as I don’t know how the system works..

I’m not clear as to what ur status was between court of appeal refusal and issuance of DLR.

What were you told to do after you exhausted the appeals process? Were you told to leave the country? Or nothing and the DLR just landed on ur doorstep one day?

[raobolton]

After my first application refused I went to Immigration Tribunal at Manchester, then Upper Court and lastly Court of Appeal (all refused) no fresh application applied but got DLR after 2 months.

Its beyond my comprehension as I don’t know how the system works..

I’m not clear as to what ur status was between court of appeal refusal and issuance of DLR.

What were you told to do after you exhausted the appeals process? Were you told to leave the country? Or nothing and the DLR just landed on ur doorstep one day?

Were you told to leave the country? Or nothing and the DLR just landed on ur doorstep one day? - No, On the day at Court of Appeal I just got refusal from court but no letter from Home Office to leave the country, but after 2 months I got letter from home office asking for pictures and I sent all pictures and got DLR on six years route on colour paper form with 4 weeks (no overstayed in between refusal to Course cases).

[raobolton]

After my first application refused I went to Immigration Tribunal at Manchester, then Upper Court and lastly Court of Appeal (all refused) no fresh application applied but got DLR after 2 months.

Its beyond my comprehension as I don’t know how the system works..

I’m not clear as to what ur status was between court of appeal refusal and issuance of DLR.

What were you told to do after you exhausted the appeals process? Were you told to leave the country? Or nothing and the DLR just landed on ur doorstep one day?

Were you told to leave the country? Or nothing and the DLR just landed on ur doorstep one day? - No, On the day at Court of Appeal I just got refusal from court but no letter from Home Office to leave the country, but after 2 months I got letter from home office asking for pictures and I sent all pictures and got DLR on six years route on colour paper form within 4 weeks (no overstayed in between refusal to Course cases), sorry court cases

[aman90]

Well then you sound like an overstayer till ur DLR was granted. I don’t think you get any advantage as asylum seekers do.
Perhaps you are better off applying 10 years from the time ur DLR was granted.
Or you can take the chance of applying, if you get refused, you can argue at reconsideration the fact that you weren’t given any recourse after refusal of the appeal.
This will obviously cost money and be quite stressful with no guarantee of success.

[raobolton]

Well then you sound like an overstayer till ur DLR was granted. I don’t think you get any advantage as asylum seekers do.
Perhaps you are better off applying 10 years from the time ur DLR was granted.
Or you can take the chance of applying, if you get refused, you can argue at reconsideration the fact that you weren’t given any recourse after refusal of the appeal.
This will obviously cost money and be quite stressful with no guarantee of success.

Aman Sahab, after court of appeal refusal no letter from home office to leave the country just got pictures letter and got DLR.

Best Regards

[aman90]

As per my understanding of immigration laws you become an overstayer once refused and you exhaust all appeals.. unless you apply within 14 days for a fresh application.. exception for overstayers 39B.

The nationality guidance states:

However, if the application was refused and the appeal dismissed, they will normally have been given 28 days’ further leave to remain.


Were you given temporary leave when you put in ur asylum claim?
What date was ur appeal dismissed?
What date did you receive the letter from home office for pictures?
What date were you finally granted DLR?

[London22]

Well then you sound like an overstayer till ur DLR was granted. I don’t think you get any advantage as asylum seekers do.
Perhaps you are better off applying 10 years from the time ur DLR was granted.
Or you can take the chance of applying, if you get refused, you can argue at reconsideration the fact that you weren’t given any recourse after refusal of the appeal.
This will obviously cost money and be quite stressful with no guarantee of success.

Aman 90

Do you have any proof or you know any case where an asylum seeker (refugee)was granted citizenship aftet 1yr of refugee ILR even he was illegal &wotking illegally,overstayed previous visa &granted BC???

[aman90]

Do you have any proof or you know any case where an asylum seeker (refugee)was granted citizenship aftet 1yr of refugee ILR even he was illegal &wotking illegally,overstayed previous visa &granted BC???[/highlight]

Sorry? Why should i have proof or know of any case in such a context..
Id highly presume such an application would fail...”working illegally and overstayed previous visa”... going on immigration laws and nationality laws.. until a person has 10 years of a clean stay.

Op’s predicament is a little different than what you’ve stated.

[raobolton]

[quote=aman90 post_id=1830103 time=1569418928 user_id=119442]
As per my understanding of immigration laws you become an overstayer once refused and you exhaust all appeals.. unless you apply within 14 days for a fresh application.. exception for overstayers 39B.

The nationality guidance states:

However, if the application was refused and the appeal dismissed, they will normally have been given 28 days’ further leave to remain.

Aman Sahab,

Were you given temporary leave when you put in ur asylum claim? No
What date was ur appeal dismissed? 2 Apr 2012
What date did you receive the letter from home office for pictures? 4 May 2012
What date were you finally granted DLR? 05 Jun 2012 (letter date was 7 Jun 12).

Best Regards

[raobolton]

As per my understanding of immigration laws you become an overstayer once refused and you exhaust all appeals.. unless you apply within 14 days for a fresh application.. exception for overstayers 39B.

The nationality guidance states:

However, if the application was refused and the appeal dismissed, they will normally have been given 28 days’ further leave to remain.

Aman Sahab,

Were you given temporary leave when you put in ur asylum claim? No
What date was ur appeal dismissed? 2 Apr 2012
What date did you receive the letter from home office for pictures? 4 May 2012
What date were you finally granted DLR? 05 Jun 2012 (letter date was 7 Jun 12).

Best Regards

Aman Sahab,

Were you given temporary leave when you put in ur asylum claim? No
What date was ur appeal dismissed? 2 Apr 2012
What date did you receive the letter from home office for pictures? 4 May 2012
What date were you finally granted DLR? 05 Jun 2012 (letter date was 7 Jun 12).

Best Regards

[Route to ILR]

Dear Sir or Madam,

Good morning to everyone,

I am new, my friend just gave your forum link and I joined now.

My question for member of the forum as per following statement and needs helpful opinions;


I came to UK with family on 12 July 2008 at Manchester with valid visitor visa for six months, I was claim asylum after 3 months on 14 Oct 2008 at Liverpool Water Street Home Office. After one year my application of asylum refused, I appealed in court and refused, then higher Court of Appeal and was refused but after two months I got Discretionary Leave to Remain on out of immigration rules of 6 years route in 05 Jun 2012 (plus 1 extension), I got settlement (ILR) on 16 Aug 2018 (PSC at Sheffield), I have no criminal records or no recourse of funds during asylum time or no illegal jobs or overstayed in this country, I am very law abiding person.

My question is can I apply my Naturalisation now because over one year now but bit confused, some peoples said you are still wait for 10 years from first leave or some peoples said you can apply because you were legal at that time when you applied asylum on 14 Oct 2008, I request all the forum lovely and nice members to answer my query.

Looking forward to hearing from you.

Best Regards

HI Rao,

My advise is avoid applying Naturalisation application before 5th june 2022. U will be refused straight away.

As u exhausted all appeal rights and given discretionary leave out of the moon. Your last 10 years in the UK should be legally and without any breach of the immigration rules.

A gap of 28 days overstayer is disregarded but in your case the gap is 2 months and not only this your
good character is also doubt full as u r not supposed to claim asylum when u come here on visit visa. So
they wont give u any relaxation on good character.

People whose asylum claim accepted by HO and given 5 years refugee status can apply citizenship without any problem as long their previous leave was valid when they applied for asylum. But when they give u discretionary leave then u have to wait until 10 years before u apply for naturlisation from the date u have given discretionary leave.

Hope this helps

[raobolton]

Dear Sir or Madam,

Good morning to everyone,

I am new, my friend just gave your forum link and I joined now.

My question for member of the forum as per following statement and needs helpful opinions;


I came to UK with family on 12 July 2008 at Manchester with valid visitor visa for six months, I was claim asylum after 3 months on 14 Oct 2008 at Liverpool Water Street Home Office. After one year my application of asylum refused, I appealed in court and refused, then higher Court of Appeal and was refused but after two months I got Discretionary Leave to Remain on out of immigration rules of 6 years route in 05 Jun 2012 (plus 1 extension), I got settlement (ILR) on 16 Aug 2018 (PSC at Sheffield), I have no criminal records or no recourse of funds during asylum time or no illegal jobs or overstayed in this country, I am very law abiding person.

My question is can I apply my Naturalisation now because over one year now but bit confused, some peoples said you are still wait for 10 years from first leave or some peoples said you can apply because you were legal at that time when you applied asylum on 14 Oct 2008, I request all the forum lovely and nice members to answer my query.

Looking forward to hearing from you.

Best Regards

HI Rao,

My advise is avoid applying Naturalisation application before 5th june 2022. U will be refused straight away.

As u exhausted all appeal rights and given discretionary leave out of the moon. Your last 10 years in the UK should be legally and without any breach of the immigration rules.

A gap of 28 days overstayer is disregarded but in your case the gap is 2 months and not only this your
good character is also doubt full as u r not supposed to claim asylum when u come here on visit visa. So
they wont give u any relaxation on good character.

People whose asylum claim accepted by HO and given 5 years refugee status can apply citizenship without any problem as long their previous leave was valid when they applied for asylum. But when they give u discretionary leave then u have to wait until 10 years before u apply for naturlisation from the date u have given discretionary leave.

Hope this helps

Dear Route to ILR,

Thanks for the reply and advice. I just say something. After my last refusal from Court of Appeal no letter received from home office for overstaying or leave the country except one letter from them to send pictures, after that letter I got DLR (Appeal of court to DLR altogether approximately 2 months involved).

How can I check for my overstaying period? Should I ring home office or what?

Need your help please.

Regards,

[xavieryves]

You can apply for a SAR (Subject Access Request) here :
https://www.gov.uk/government/publicati ... mmigration

[aman90]

But when they give u discretionary leave then u have to wait until 10 years before u apply for naturlisation from the date u have given discretionary leave.

Could you please back this with a reference? Point towards a guidance or immigration law as It’d be very helpful to such applicants.

[Route to ILR]

But when they give u discretionary leave then u have to wait until 10 years before u apply for naturlisation from the date u have given discretionary leave.

Could you please back this with a reference? Point towards a guidance or immigration law as It’d be very helpful to such applicants.

Read the good character guidance. Your last 10 years in the uk should be without any breach of immigration rule.
U also need to provide your 10 years work history, If thay found u work in the UK while illegal here. Than your 10 years ban to apply naturlisation starts from the date when they discover that breach.

Naturalisation is on HO discretion. They r not very soft hearted on the people who came here on visit and apply asylum. They will give u hard time and delay your naturlisation. Make your life more miserable. Thats why since 2012, 6 years discretionary leave changed to 10 years without any public funds.