Please I am very confused Naturalisation

[Dave2011]

I hope someone will help because I asking advice and receiving different answers, I really don't know what to do. I'm very glad to find this forum.

Now, my situation:

1. Came in UK in January 2001 and applied for asylum with my partner and 1 year old daughter.
2. My other daughter born in 2001 and my son in 2005.
3. My asylum claim refused by home office on 13 January 2004 and I became Appeal Rights Exhausted on 14 August 2004.
4. Immigration office never stopped our NASS support and on 12 September 2007 they granted us whole family Indefinite Leave to Remain in the UK.
5. I'm not working right now, since 2001 I didn't have any work permit and I don't have any work experience in UK.
5. I will be full time foundation degree course student from this September and still looking for job.
6. My partner has a part time job. We getting married in August.
7. I have to change my surname by deep pole and that will happen before marriage.

Thats my situation and my question is: When I can apply for naturalisation for me and my partner or children? Will be there any risk with my situation?

I'm so sorry to asking so much because I read some topics and saw many people asking almost similar questions but I don't need to lost money and I even don't have enough to hire solicitor for further advice.

Thanks a lot and I hope someone will have good answer for me.

Kind regards,

David

[John]

David, when did you apply for asylum? Was it at the port of entry in the UK when you arrived?

If not, please explain when you applied for asylum.

[Dave2011]

David, when did you apply for asylum? Was it at the port of entry in the UK when you arrived?

If not, please explain when you applied for asylum.

Hi John,

I applied in Glasgow, it was 4th January 2001 after few days when we entered in the UK. It wasn't port or airport, we came illegal way and after christmas holiday we went refugee council, they helped us. We came 2th of January and applied 4th.

Thanks a lot John.

[krimith]

I hope someone will help because I asking advice and receiving different answers, I really don't know what to do. I'm very glad to find this forum.

Now, my situation:

1. Came in UK in January 2001 and applied for asylum with my partner and 1 year old daughter.
2. My other daughter born in 2001 and my son in 2005.
3. My asylum claim refused by home office on 13 January 2004 and I became Appeal Rights Exhausted on 14 August 2004.
4. Immigration office never stopped our NASS support and on 12 September 2007 they granted us whole family Indefinite Leave to Remain in the UK.
5. I'm not working right now, since 2001 I didn't have any work permit and I don't have any work experience in UK.
5. I will be full time foundation degree course student from this September and still looking for job.
6. My partner has a part time job. We getting married in August.
7. I have to change my surname by deep pole and that will happen before marriage.

Thats my situation and my question is: When I can apply for naturalisation for me and my partner or children? Will be there any risk with my situation?

I'm so sorry to asking so much because I read some topics and saw many people asking almost similar questions but I don't need to lost money and I even don't have enough to hire solicitor for further advice.

Thanks a lot and I hope someone will have good answer for me.

Kind regards,

David

if your asylam was refuse then appeal when allowed? or ILR how they give leagcy threw or appeal threw just give answer so its easy to give reply for anyone please

[John]

Dave2011, sorry I missed spotting your post.

What you are up against is this. Download this UKBA document. Having done so turn to 8.7 and start reading there. It is a question of determining whether you have been "legal" or "illegal" in the 5 years up to when you apply for Naturalisation.

The provisions are quite technical but I refer you in particular to 8.10, and the 5th bullet point there. It seems to me that as you applied for asylum just two days after entering the UK, it looks like you are OK. That bullet point starts "a person who entered the United Kingdom clandestinely ..... ".

So as regards :-

When I can apply for naturalisation for me and my partner or children? Will be there any risk with my situation?

-: I would say that you and your partner can apply now, and the only risk is that all such applications are "at discretion" but point out that you are covered by the bullet point mentioned above. You might want to wait until after the two of you are married, but only because it is cheaper to make such applications at the same time, rather than separately, but that will not apply until after the marriage.

Your children? For the born-outside-the-UK child, when you and your wife (as she will be) apply for Naturalisation, using forms AN, you can use form MN1 to Register that child as British, under section 3(1). That is an "at discretion" application, but if the Naturalisation applications are successful there will be no reason for that application to be denied,

For the two born-in-the-UK children the position is even better, given that as soon as you got ILR they got an entitlement to be Registered as British, under section 1(3). Those applications could be made now but I suggest you submit those applications at the same time as those of their older sibling ... because the application fee will be lower.

I am assuming that you and your partner have already passed the Life in the UK Citizenship test. Is that correct? If not, and you still have that "pleasure" to come, get studying because the Naturalisation applications cannot be made unless pass certificates can be forwarded with the applications.

[Dave2011]

Dave2011, sorry I missed spotting your post.

What you are up against is this. Download this UKBA document. Having done so turn to 8.7 and start reading there. It is a question of determining whether you have been "legal" or "illegal" in the 5 years up to when you apply for Naturalisation.

The provisions are quite technical but I refer you in particular to 8.10, and the 5th bullet point there. It seems to me that as you applied for asylum just two days after entering the UK, it looks like you are OK. That bullet point starts "a person who entered the United Kingdom clandestinely ..... ".

So as regards :-

When I can apply for naturalisation for me and my partner or children? Will be there any risk with my situation?

-: I would say that you and your partner can apply now, and the only risk is that all such applications are "at discretion" but point out that you are covered by the bullet point mentioned above. You might want to wait until after the two of you are married, but only because it is cheaper to make such applications at the same time, rather than separately, but that will not apply until after the marriage.

Your children? For the born-outside-the-UK child, when you and your wife (as she will be) apply for Naturalisation, using forms AN, you can use form MN1 to Register that child as British, under section 3(1). That is an "at discretion" application, but if the Naturalisation applications are successful there will be no reason for that application to be denied,

For the two born-in-the-UK children the position is even better, given that as soon as you got ILR they got an entitlement to be Registered as British, under section 1(3). Those applications could be made now but I suggest you submit those applications at the same time as those of their older sibling ... because the application fee will be lower.

I am assuming that you and your partner have already passed the Life in the UK Citizenship test. Is that correct? If not, and you still have that "pleasure" to come, get studying because the Naturalisation applications cannot be made unless pass certificates can be forwarded with the applications.

John you are my life saver! Thanks a lot. And one more thing to be clear finally.

1. Last October I had a court hearing, I attended because my landlord didn't paid utility bills and supplier asked permission to enter my house and install prepaid meters. It really wasn't my fault because all bills from first time to one year was under my landlord's name not main and when I paid to landlord then hi didn't paid to them.

Anyway, I was there and I think this is not a criminal record or something, what do you think?

2. Can I apply all my children (three) same time to save some money? Older doesn't born in the UK but she is a stateless condition now. Other two born in the Glasgow 2001 and 2005. They all need a registration or applying for naturalisation?

This is my last question. ))

[John]

Using your numbering :-

1. I think I agree with your conclusion, given you were not the person being sued by the utility company.
2. Yes apply for all three children together, indeed to save money, but when you complete the forms MN1, one for each child, for the eldest child the application is under section 3(1), and for the younger two it is section 1(3).
   
   Minor children do not get Naturalised, they get Registered. Once granted there is really no difference between the two, but during the application process there are differences, for example your children will be delighted to learn that they don't need to pass the Life in the UK Citizenship test.

Have you and your partner already passed the Life in the UK Citizenship test?

[Dave2011]

Using your numbering :-

1. I think I agree with your conclusion, given you were not the person being sued by the utility company.
2. Yes apply for all three children together, indeed to save money, but when you complete the forms MN1, one for each child, for the eldest child the application is under section 3(1), and for the younger two it is section 1(3).
   
   Minor children do not get Naturalised, they get Registered. Once granted there is really no difference between the two, but during the application process there are differences, for example your children will be delighted to learn that they don't need to pass the Life in the UK Citizenship test.

Have you and your partner already passed the Life in the UK Citizenship test?

Great! Thank you very much John!