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ILR after ELR

General UK immigration & work permits; don't post job search or family related topics!

Please use this section of the board if there is no specific section for your query.

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

enquirer
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Post by enquirer » Wed Oct 12, 2005 10:52 pm

Hi, John.

She will be applying from Russia.

I am not sure I understood your second question.
What I meant was that there are so many situations of this kind (possibly) and applicants do not have chance (or do not take a chance) to explain that they have commitments. My wife, for instance, is currently studying for higher education, any absence is going to impact, of course, I am not moving easily due to my injury, and so on...

Law firms are experienced in explaining things and speeding up processes.

Thanks

Eugene

enquirer
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Post by enquirer » Sun Oct 16, 2005 7:40 pm

I am going to apply for Naturalisation using a form AN.

I have read through it a few times and could not find documents requirements. Section 7.5 says that I enclose the required docs...

Does anyone know what docs should be sent with it?

I have not got a passport, but only a letter granting ILR (with hologram and so on). Should I send it? Can a certified copy be sent instead?

Appreciating your advice.

Regards
E

John
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Post by John » Sun Oct 16, 2005 8:51 pm

Enquirer, are you sure you have got the latest version of the form AN(NEW)? I ask because the latest relevant file is a combined guide and form ... and the guide part of that lists the documentary requirements.

If you have not already done so download the new combined Guide and Application Form.
John

enquirer
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Post by enquirer » Mon Oct 17, 2005 8:10 am

Thanks, John.

I downloaded the form from HO website only, the guide was not there.
Now it's clear.

Would you happen to know whether certified copies of passports/ driving licences/letters from the HO
can be sent instead of the originals?

Regards
E

John
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Post by John » Mon Oct 17, 2005 8:44 am

I think you need to send the originals, unless there is any pressing reason why you cannot, in which case a certified copy is OK.

I would quote you "chapter and verse" on this from the IND website but that website is (again) down at this moment in time.

Are you intending to submit the application using a NCS office, in which case they might photocopy and hand the original straight back to you. If posting the application then of course use Special Delivery for such important documents, and indeed enclose a self-addressed prepaid Special Delivery envelope for IND to return those documents to you.

Are you trying to beat the 1st November change of legislation? In which case if you do not already have an appointment at a NCS centre then you will struggle to get one on or before Friday next week. So you would need to post.

How are you planning to satisfy the language requirement?
John

please help

Post by please help » Wed Oct 19, 2005 9:43 am

Hi John and every one , I applied for ILR from ELR in FEB this year , I checked the IND link Making an Application, it is now showing that they are dealing with applications ( ILR after ELR ) that have been submitted in May , I have not received any thing from the home office so far , every day when I call them they say ,,Waiting further Consideration ,,,, do you have any advice ? ,,,does any one have any adive to me ? , when I asked whether there is any thing wronge with the application, they said just wait and if there is any thing happening will wright to you :(

Yabo

John
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Post by John » Wed Oct 19, 2005 10:22 am

Yabo, as you say, that IND webpage now says they are dealing with May 2005 applications.

Have you been in touch with the MP for the area where you live? I think that if you have not you should now make contact that see if that MP can find out anything.
John

please help

contacing the MP

Post by please help » Wed Oct 19, 2005 5:17 pm

I have contacted my MP , he sent them a letter , they replied in August saying that they have a backlog and they need to be fair with people so every application will be considered in its turn , they also said that my case will be fowarded as soon as possible to a case worker . but that was in August . So shall I do this again ? , the IND website was saying they are dealing with application that has been submitted in FEB , they have updated this only last week for the May applications , so shall I allow more time or contact the MP now ?

Thanks very much John

Yabo

John
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Post by John » Wed Oct 19, 2005 8:01 pm

How about wait until November and then write to the MP again if you have still not heard the result of your application. You could point out they are now dealing with applications from (month) and you submitted yours back in February.
John

please help

naturalisation

Post by please help » Wed Mar 22, 2006 4:28 pm

Hi Johne \ all
I have received my ILR on 18/Nov/2005 , I applied for it in Feb 2005, when can I apply for naturalisation ?, will they take into account the time I have been waiting ( which was not my fault ) for my ILR ? ,I would like to get a British citizenship as soon as possible !

John
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Post by John » Wed Mar 22, 2006 4:57 pm

Congratulations on the ILR! But what a wait you had! But as they say, all's well that ends well!

Applying for Naturalisation? Can I ask ... have you passed the Citizenship Test? If not you need to study for that and get your pass certificate, because irrespective of how long an applicant for Naturalisation is in the UK they can't apply without enclosing such a pass certificate (or a completion certificate from a combined ESOL/Citizenship course).

But your question ... when are you time qualified to apply for Naturalisation? Ordinarily you need to have ILR for 12 months. However given the length of time you were waiting for your ILR, and given you now have that, you can apply for Naturalisation 15 months after submitting your ILR application. So it appears that by the end of May 2006 you should be time-qualified to apply.

The instructions given to IND staff dealing with Naturalisation applications includes :-
consideration of an application for indefinite leave to remain, made more than 15 months before the citizenship application, had been protracted through no fault of the applicant, providing ILR was eventually granted.
When submitting the application you might be advised to point this provision out :-

Chapter 18, Annex B, 7.4.g

So back to my starting question ... Citizenship Test passed?
John

please help

Post by please help » Wed Mar 22, 2006 10:52 pm

thanks Johne ,I have already passed the Life in the UK test , but now about my citizenship application, I am worried if I apply in May that it will take long time to be approved , I have got friends that got their citizenship approval in 2 weeks , but they had ILR for 12 months, do you think my application will take too long to be approved ?

John
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Post by John » Wed Mar 22, 2006 11:13 pm

If you apply in May, on the basis of that being more than 15 months since you applied for your ILR, OK it might take slightly longer but surely not the six months longer it would delay the matter if you waited until November to submit the application.

To hopefully cut out any delay, well that was why I suggest that you quote "chapter and verse" to IND as to why you can make the application in May rather than November.

But do appreciate that the early application is conditional on you not being at fault as the cause of the delay. So the Citizenship application department might contact the Visa department to ascertain the reason for the delay. That could add to the processing time.

Do you know the exact date you applied for ILR in February 2005? If so, what is that date?
John

please help

Post by please help » Thu Mar 23, 2006 3:35 pm

I am not sure exactly about the date ,I think it was about 18/Feb/2005, I will try to find out , but I still have the acknowledgment letter from the home office about my application dated 21/Feb and I still have the letter they sent to the MP telling him about the backlog of application they have and explaining why its taking long time , do you think attaching these letters to the application can help , also which one is better , applying through NCS or through a lawyer, applying through a lawyer will cost £750 and I would pay it if this would make things easier .

Thanks John

Please help

John
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Location: Birmingham, England
United Kingdom

Post by John » Thu Mar 23, 2006 4:19 pm

I still have the acknowledgement letter from the home office about my application dated 21/Feb
If I were you I would not push the point too far. That is, whilst the ILR application clearly was posted prior to 21 Feb 2005, why not wait until on or after 22 May 2006 ... 15 months later .... to make the application.

Apply through NCS? As long as the NCS is clued up on this 15 month point, well that is fine. Why not discuss it with them before making an appointment? They might possibly have standing instructions not to pass anyone (not the spouse of a British Citizen) who has not had ILR for at least a year. But hopefully their instructions are better than that.

If NCS is not going to pass the application, well you will have to apply by post.

However you apply, certainly enclose that acknowledgement letter dated 21.02.05.

Applying through a solicitor? Totally up to you but if I were you I would save the £750. After all the instructions to IND are quite clear, and there on the internet for anyone to view.
John

please help

Post by please help » Thu Mar 23, 2006 9:39 pm

Thanks John ,,,,,sorry this was posted to a wrong place by error !!!

Do you know any one or have you heard about any one that have the same like my circumstances and applied before the end of the 12 months ILR and got the application approved ? how long did that take ?

Please help

please help

Post by please help » Tue Mar 28, 2006 3:23 pm

Hi John

I just have a question about filling the form, after I fill it and sign it , there is two options, one is that I sign that I have met the naturalization requirement and the other is not and I mention the reason and why I am applying , which one to choose ?

mark123
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Post by mark123 » Thu Apr 12, 2007 1:11 pm

I applied for Naturalisation ( beginning of Jun 2006 ), when I applied, I did not have 12 Months ILR,I only had 7 Months ILR, but I used discretion as my ILR took very long to be processed , the external checks for my Naturalisation application started in October 2007 , could that be the reason why its taking that long time ? have I done a mistake when I applied early ?

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