POSSIBLE DATE FOR ILR AND BRITISH PASSPORT

[SAKSHI007]

Hi All ,

Looking for expert advice for my hubby please .

2005 - 2007 ON WHM .
2007 - 2008 IN INDIA
APRIL 2008 -APRIL 2010 0N STUDENT VISA.

08 DEC 2009- 08DEC 2011 ON SPOUSE VISA (INCOUNTRY SWITCH )

LOOKING FOR ANWSWERS BELOW

1 . What will be the date for his ILR APPLICATION .

2. What will be the date for his naturalisation application .

3. What date can he apply for british passport .

MY INFORMATION IS AS FOLLOWS :-

GOT DISCREATIONARY LEAVE FROM MAY 2008 TILL JAN 2011.

GOT ILR ON 19TH NOV 2009 ON THE BASES OF 14YRS RULE.

MY QUESTION AS BELOW .

WHEN CAN I APPPLY FOR NATURALISATION.

WHEN CAN I APPLY FOR BRITHISH PASPORT .

MY DAUGHTER INFORMATION AS FOLLOWS :-

BORN IN LONDON ON 28THMARCH2010

GOR A BRITISH PASSPORT STRAIGHT AWAY.

CONFUSION REGARDING THE RESIDENTIAL REQ FOR MY SELF FOR 5 YEARS AS FOR NATURILISATION .

WILL MY HUSBAND BE ABLE TO APPLY NATURILISATION WITH ME BEING ON ILR ON THE 3 YEAR RULE FOR SPOUSE OF ILR HOLDER OR IS IT JUST FOR BRITISH SPOUSE .

IN TOTAL WE WOULD LIKE SOME CLARITY ON DATE OF MY HUBBY AND MY NATURILISATION .


LOOKING FOR EXPERT ADVICE

MANY THANKS IN ADVANCE

SAKSHI

[f2k]

1/ ILR applications 2 years after granting of spouse visa, ie 8 December 2011, infact 28 days before that date. (note ILR might not exist after July 2011)

2/ I would say April 2013 (5 year anniversary), BUT if you have got citizenship by then, then the day he gets ILR he could apply as he can use the 3 year route.

3/ Once naturalised he can apply for passport any day currently taking 4-6 weeks

Your case you need to provide more detail with regards to your 14 year stay, when were you 'illegal' at any stage in that period. if so when was the last time you were illegal.

[SAKSHI007]

I CAME TO THIS COUNTRY ON 17 MAY 1994

ON A TOURIST VISA AND STAYED .

I WAS GRANTED DISCRETIONARY LEAVE FROM MAY 2008 TILL JAN2011

GRANTED 1LR ON THE BASES OF 14 YEARS ON 19TH NOV 2009.

MY dad and mom has ILR aswell on the same bases . We have a house here and I have been working and paying taxes since last 14 years.

Would 5 years residential apply to me . If yes how and from what date .

Would I not be able to apply after 1 year of my naturilisation , which would be 19nov2010 .

I need to calculate the date for my naturilisation .

many thanks in advance

skshi

[f2k]

the residential requirement is 5 years or if married to a British citizen 3 years.

In my opinion the earliest you can apply is May 2013. This is because you cannot take into time when you were in the country whilst in breach of immigration laws (illegally) during the 5(3) years prior to applying (go to page 5)

Was your husband in the UK in June/July 2007? This is going back 5years from June/July 2012, when he will applying for and hopefully be granted ILR.

[SAKSHI007]

the residential requirement is 5 years or if married to a British citizen 3 years.

In my opinion the earliest you can apply is May 2013. This is because you cannot take into time when you were in the country whilst in breach of immigration laws (illegally) during the 5(3) years prior to applying (go to page 5)

Was your husband in the UK in June/July 2007? This is going back 5years from June/July 2012, when he will applying for and hopefully be granted ILR.

MORE DETAILS IF THAT HELPS TO FIGURE OUT NAT DATE
MY dad applied for ILR in 2006 adding me as dependent children
he got ILR but we were refused , reson given i did not complete 14 years and not under 18years

Then I applied again in 2007 after this refusal and got my discreationary leave to remain .

So Tecnically speaking my first application was logged in year 2006 .

QUESTION PLEASE -

DO I BECOME LEGAL FROM THE DATE MY APPLICATION WAS RECEIVED BY HOME OFFICE IN 2006 ?????????

IF YES . COULD I COUNT MY RESIDENTIAL PERIOD OF 5 YEARS FROM THAT DATE IN 2006 .

OR WHEN I APPLIED IN 2007 AND GOT GOT MY DICRETIONARY LEAVE .

OR FROM THE DATE I GOT MY DISCRETIONARY LEAVE IN MAY 2008

PLEASE LET ME KNOW AT THE EARLIEST WHEN CAN I APPLY FOR NAT.

Many thanks

[f2k]

i believe you become legal on the date you status was changed. So you start counting from May 2008

[SAKSHI007]

i believe you become legal on the date you status was changed. So you start counting from May 2008

Consulted some soliceters

Some say that you become legal the day ukba receive ur application .

so I am confused .

Need some more expert advice

as could not find any case similiar to mine .

experts please input your knowledge and expertize in the case.

many thanks

[vinny]

i believe you become legal on the date you status was changed. So you start counting from May 2008

Consulted some soliceters

Some say that you become legal the day ukba receive ur application .

so I am confused .

Need some more expert advice

as could not find any case similiar to mine .

experts please input your knowledge and expertize in the case.

many thanks

I think that f2k is correct.

[SAKSHI007]

i believe you become legal on the date you status was changed. So you start counting from May 2008

Consulted some soliceters

Some say that you become legal the day ukba receive ur application .

so I am confused .

Need some more expert advice

as could not find any case similiar to mine .

experts please input your knowledge and expertize in the case.

many thanks

I think that f2k is correct.

OPNION FRON OTHER SENIOR MEMBERS ON THIS

[geriatrix]

please don't shout.


regards

[SAKSHI007]

please don't shout.


regards

Heartly sorry , didnt new that , will take care in future . Please accept my appologies.

[vinny]

On further consideration, see if section 8 > 8.10 applies to you.

[SAKSHI007]

On further consideration, see if section 8 > 8.10 applies to you.

Have gone through it sir/madiam , but fail to understand the legal langauge .

Kindly if any one could please explain it to me in laymans terms , wether it applies to me or not

Many thanks

sakshi

[vinny]

Perhaps the solicitors were correct after all?

8.10 We should normally exercise discretion to disregard a breach of the immigration laws if:

....

possible regularisation of the persons stay was under consideration during the period of breach - i.e. there was a pending immigration appeal OR an undetermined application for leave to enter or remain; or

[SAKSHI007]

Perhaps the solicitors were correct after all?

8.10 We should normally exercise discretion to disregard a breach of the immigration laws if:

....

possible regularisation of the persons stay was under consideration during the period of breach - i.e. there was a pending immigration appeal OR an undetermined application for leave to enter or remain; or

Does that mean I can apply after I complete my 1 year on ILR on 19th nov.

When do I count my 5 years from .

2006 when my day applied as his dependent or

2007 when I applied for discretionary leave .

many thanks
sak

[vinny]

What did the solicitors say?

[SAKSHI007]

What did the solicitors say?

Different soliciters say diff things Sir .

one said you start counting from 2006 and the others say from 2007 .

and some also say from 2008 when discretionary leave was given.

So I am confused .

Please be kind enough to advice me .

Many Thanks

sak

[vinny]

DETAILS IF THAT HELPS TO FIGURE OUT NAT DATE
I came to the UK on 17051994

MY dad applied for ILR in jan 2007 adding me as dependent children
he got ILR but we were refused , reson given i did not complete 14 years and not under 18years

Then I applied again after this refusal and got my discreationary leave to remain in may 2008 .


So Tecnically speaking my first application was logged in year 2007 .


DO I BECOME LEGAL FROM THE DATE MY APPLICATION WAS RECEIVED BY HOME OFFICE IN 2007 ???????

IF YES . COULD I COUNT MY RESIDENTIAL PERIOD OF 5 YEARS FROM THAT DATE IN 2007.

OR WHEN I APPLIED IN 2007 AND GOT GOT MY DICRETIONARY LEAVE .

OR FROM THE DATE I GOT MY DISCRETIONARY LEAVE IN MAY 2008

PLEASE LET ME KNOW AT THE EARLIEST WHEN CAN I APPLY FOR NAT.
I have been granted ILR ON NOV 2009 on a 14 year basis .

Many thanks.

[vinny]

Hello , have filled my naturalisation application . Immigration history : ILR granted on 14 year bases on 19th nov 2009 . Prior to that discretionary leave from 8th Jan 2008 ( was granted for 3 years ) but completed 14 years before so applied and got ILR . My husband has ILR after 1.5 years student + 2 years spouse on 11/11/11 last year . I have applied for NAT , but my question is can I send my husband application midway processing of my application . To be considered as joint or requesting them to see his app once they approve mine . They have approved my parents joint application the same way , but that was sent together and got approved and have attended the ceremony aswell. I am writing this from my phone not sure about the formating . Please excuse me for that . I know it is all about discretion of the case worker . But any experience or forward thinking would help . Many thanks . SM

[vinny]

My case is as below - 17 may 1994 entry visiter visa

15 Jan 2007 applied ILR with my dad as dependent . Refused . Got DLR 15 Jan 2008 till 15 Jan 2011 . Applied ILR on 17 June 2009 on completion of 14 years . I L R Granted 19th nov2009 . Applied Nat 20th feb 2012 stll waiting . Called Liverpool been told it has has gone through final checks waiting to be allocated to the case worker . My question is . Where do I stand , how strong is my case . When would I possible expect the dission , does it sounds positive or negative . I have to add I own a property in shared ownership with my parents have to British born children . My husband has got I L R on my basis . Many tha ks in advance