Do I meet the requirements?

score2009 · Post by **score2009** » Thu Sep 03, 2009 1:10 pm

Hi

I seeking help before applying for citizenship.

I arrived in UK in 1998, had an extended visa till 2005, from 2005 till 2008 had no status, last year got my ILR, it's been a year, do I qualify for citizenship? Or do I wait another 4 years?

Thank you

hert · Post by **hert** » Thu Sep 03, 2009 1:16 pm

You would need to provide more details like what type of visa was granted initially and on what basis did you get ILR?

hari15 · Post by **hari15** » Thu Sep 03, 2009 2:21 pm

score2009 wrote:Hi

I seeking help before applying for citizenship.

I arrived in UK in 1998, had an extended visa till 2005, from 2005 till 2008 had no status, last year got my ILR, it's been a year, do I qualify for citizenship? Or do I wait another 4 years?

Thank you

One of the Criteria for a person to apply for BC is

1. He should be in UK for a continuous 5 years altleast

2. In that atleast 1 year should be in ILR (what visa you are in other 4 years doesnt matter here)

3. Absenses during that continuos 5 years of stay should be within the limit as in guidelines

If you satisfy the above criteria you can apply for naturalisation

(You may need to also pass a KOL test I think if you havent already... confirm with others)

Spouse of BC holder have different set of rules

The one thing I am not getting any answer from anybody is how to get BC for a baby who has ILR and born ouside UK whose father/mother aquired BC

Mr Rusty · Post by **Mr Rusty** » Thu Sep 03, 2009 2:29 pm

You say you "had no status" for 3 years. You should be aware of the following extract from advice on the UKBA website, in case it is applicable:

"Breach of immigration laws during residential qualifying period
You must have been in the United Kingdom legally throughout the residential qualifying period."

score2009 · Post by **score2009** » Thu Sep 03, 2009 4:59 pm

Thank you for the replies

Feb 2005 is when my application got refused, in May 2007 made an application for ILR, got approved on July 2008.

Spoke with couple people at Home Office, who saw no reason not to apply for citizenship. However, it makes no sense since the law says I should have legal status of 5 years...

Best people to ask would be the people who dealt with my ILR...but I'm guessing it would be very hard...

((( I do have references, is it all stored in a system or such?

Thanks

hari15 · Post by **hari15** » Thu Sep 03, 2009 5:33 pm

score2009 wrote:Thank you for the replies

Feb 2005 is when my application got refused, in May 2007 made an application for ILR, got approved on July 2008.

Spoke with couple people at Home Office, who saw no reason not to apply for citizenship. However, it makes no sense since the law says I should have legal status of 5 years...

Best people to ask would be the people who dealt with my ILR...but I'm guessing it would be very hard... ((( I do have references, is it all stored in a system or such?

Thanks

Do you mean your application was with Home office for 2 years (or in appeal)?

Or do you mean you over stayed for 2 years even after refusal?

In first case there shouldnt be any problem

In second case you shouldnt have got even this ILR.

so I assume yours is first case

score2009 · Post by **score2009** » Sat Sep 05, 2009 5:49 pm

No appeal in the two years...should I phone Home Office to see how the system sees the two years?

malli · Post by **malli** » Sat Sep 05, 2009 7:12 pm

i believe you can apply because you were here from 1998 and have LTR until 2005, so if my maths is right that would be 6 yrs legally here, thats why you got the ILR. now you can apply after 1 yr with the ILR. although you were overstay for two years it would come under discretion.

score2009 · Post by **score2009** » Sat Sep 05, 2009 11:28 pm

By discretion, you mean it might get refused? Wouldn't the home office have more clear answer? since they have dealt with my case. Confused...

taliska · Post by **taliska** » Sun Sep 06, 2009 3:35 pm

I think malli is saying the 2yrs you overstayed was maybe considered when deciding on giving you ILR under discretionary practice of the Immigration rules

score2009 · Post by **score2009** » Mon Sep 07, 2009 7:37 pm

do you think it be considered again, for citizenship?

score2009 · Post by **score2009** » Wed Sep 09, 2009 3:57 pm

Asked a consultant, said the two years won't count when applying for citizenship, which is a bumber

score2009 · Post by **score2009** » Sat Sep 12, 2009 9:14 pm

Sorry to bring this thread back, but didnt want to start a new one

What happens when a citizenship application gets refused, does it effect anything? my status? does it go in the system and might be visited in the future?

cheers

immigrationuk2009 · Post by **immigrationuk2009** » Sun Sep 13, 2009 10:17 pm

score2009 wrote:Sorry to bring this thread back, but didnt want to start a new one

What happens when a citizenship application gets refused, does it effect anything? my status? does it go in the system and might be visited in the future?

cheers

Hi

You needs to complete continuously five years in UK as you have not completed so I believe you have to complete qualifying period.

Still question is open ,what was your visa ,Why were you refused and how you get ILR.

UK_Banned_Member

score2009 · Post by **score2009** » Mon Sep 14, 2009 8:18 am

Wrong application submitted by guardians, citizenship rather than ILR, still thinking about applying...

What happens when you get refused?

Post by **John** » Mon Sep 14, 2009 8:26 am

You waste the application fee!

There is a requirement that you were "legal" in the UK throughout your 5-year qualifying period, so it looks like you don't qualify at the moment.

score2009 · Post by **score2009** » Mon Sep 14, 2009 7:06 pm

Apart from money, is there anything else I should be worried about?

Post by **John** » Mon Sep 14, 2009 8:15 pm

I think it would be a good idea to download this UKBA document and then, in particular, read no. 8, starting on page 13 of 33.

But I am still struggling to understand how you got your ILR. What application form did you use to get that ILR? And you tell us "Feb 2005 is when my application got refused", What application was that that got refused?

score2009 · Post by **score2009** » Fri Sep 18, 2009 11:38 pm

I applied for citizenship, as I didnt have a clue about the system, it was made by "others"

(please answer my questions, before asking yours

))) )

Post by **John** » Sat Sep 19, 2009 8:52 am

Your question has been answered. Just refer to the document I provided a link to.

score2009 · Post by **score2009** » Sat Sep 19, 2009 10:26 am

I didnt spot anything apart from the fact, if i was refused, i status would not change, and have the right to appeal if I think its worthy, right?

Post by **John** » Sat Sep 19, 2009 10:46 am

That is right, if the application is refused, your status will not change.

However the application is expensive, and it is an application fee, not a success fee. So if you really want help here, why don't you answer the questions asked of you?

BLK235 · Post by **BLK235** » Sat Sep 19, 2009 11:13 am

My understanding naturalisation on the basis of residency is at discretion of the Secretary of The State.

Is there such a thing as a right of appeal on citizenship applications? Or is it called something else, like administrative review?

score2009 · Post by **score2009** » Wed Sep 23, 2009 7:50 pm

Would it be clever to provide documents (pay slips, Degree) with the application, even thought I had no status in the UK at that time?

Post by **John** » Thu Sep 24, 2009 9:27 am

Why are you persisting with this this, at the present time? Which bit of .....you need to be "legal" at all times in the 5-year qualifying period, when in the UK ...... don't you understand?

UKBA have discretion to ignore a short period ..... say someone neglects to renew their visa, and is a week late in applying .... but two years?

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Do I meet the requirements?

Do I meet the requirements?