Can I apply now for a citizenship?

[f2k]

Well it all depends on when in 2013 you become eligible and when they implement the new rules next year. It is currently reported that the new rules will be in place in July 2011 and it was agreed that those with ILR will have 2 years to apply for naturalisation. so that will take it to July 2013

[Liberal Immigrant]

I came to the UK in 2000 and claimed on arrival. Claim refused. Submitted a HR application in 2005. In 2009, I was granted ILR under legacy. However, I am now married to a British Citizen.

I could have applied the very next day after I got married but I was concerned that the HO may consider the time I spent prior to the grant of ILR as illlegal & hence not qualifying residence!

However, this point has now fortunately been clarified by the UKBA in its latest Nationality Instructions -------> http://www.bia.homeoffice.gov.uk/siteco ... chapter18/ (Annex B, 8.10 last bullet point).

I suggest you should apply right away.

Best of luck.

Can somebody advice please.
Question is: When can I apply for a citizenship? Is it now, 1 year into marriage or 3 years.
I have arrived in the UK in 95 aged 17,on a tourist visa, claimed asylum 1wk later in 96.
in July 96- refusal, appeals and so on... last one in 04 I think...all together about 6-8 refusals, but nobody said that I was an illegal entrant.

in July 09 got granted ILR through legacy case resolution programme.
September 09 got married to a British citizen.

I was told by somebody in HO,that I can apply after a year, but my lawyer thinks that I can apply today on the basis that I am married to a British and have an ILR stamped in passport.
I can prove that I paid all taxes , no criminal record, good referees(Lots), credit file is messy though.
Just want another opinion cos I dont want to lose money.
PS. my asylum case paperwork is somewhat messy and bits and bobs missing.

[malli]

thanks guys, so if what liberal says is right then that rule that HO posted would go for everyone who granted ILR outside the rules whether they are married to british citizen or not they can apply for NAT after a year then?

[Liberal Immigrant]

thanks guys, so if what liberal says is right then that rule that HO posted would go for everyone who granted ILR outside the rules whether they are married to british citizen or not they can apply for NAT after a year then?

That's right. This rule, which was only recently brought in (the last bullet point in 8.10) is specifically designed to help Legacy applicants. As you can see, the font type is different (indicating it is a new rule).

This is the only reason why I am so confident about applying for naturalisation. Otherwise, I was ready to wait 3 years from the grant of ILR as I didnt want to waste my money.

Obviously I can't guarantee it but if you actually read the wording of this new rule, its clear about what its trying to say i.e. anyone whose application has been eventually accepted will have their illegal stay "overlooked" under caseworker's discretion.

Make sure you refer them to this bullet point & explain to them how you are covered by it.

adios amigos.

[malli]

Thank you so much liberal immigrant. You take care now