ILR received - can I apply for British citizenship now

[karwan1]

I am afraid it does matter, though not in this case, and I will explain why it does matter, if he was in breach of immigration rules for even 1 day then he is on breach of immigration rules no matter what legal status he had prior to get ILR status

You are still failing to take into account that it is the status .... "legal" or "illegal" ..... in the 5-year qualifying period that matters.

Please take into account that the OP has been "legal" since 2004.

he has to wait at least till march 2011 otherwise if you apply now then you will loss your money for sure.

Again, please read the link to the UKBA document I provided.

Been here in the UK legal/illigal here for 5 years or more alone is not enough to be entitle for BC, since he has been here in the UK he has never been free of immigration rules, he only got ILR march 2010, to be entitle for BC, in addition to legal 5 years residence (lets asume he has this one), he also need 12 months post-ILR free of immirgation rules (which he has not got yet), to make make it free simple:

March 2010+12 month post-ILR (free of immigration rules)= March 2011.

I hope this is clear enough, so if he apply know (without being free of immigration for 12 months), he will loss his money, and I am just trying to help him in this matter. hope this clarification helps.

Having read the link that John provided it is very clear that Citizenship can be granted now.
It is not ambiguous, it is very plainly stated.
15 months after submission if ILR is granted

This would true if his ILR was granted based on his intial application within the immigration rules. BUT, this is not the case here, though he applied for ILR in 2007, then waited more thatn 15 months (exactly march 2010), THEN, he was granted ILR out of immigration rules, so you can not apply the above document 7.5 g on this case. All the immigration cases being grated through legacy case AND out of immigration rules should be free of immigration restrictions for 12 months before applying for BC.

[mrlookforward]

Karwan, I already did mention that he can apply in march 2011.

[John]

he applied for ILR in 2007, then waited more thatn 15 months (exactly march 2010), THEN, he was granted ILR out of immigration rules, so you can not apply the above document 7.5 g on this case

No doubt the ILR was applied for prior to the expiry of his previous visa. He has been "legal" in the UK since a date in 2004.

Where is your evidence that 7.5.g does not apply in the circumstances in play in this case?

[Thandia]

You are still failing to take into account that it is the status .... "legal" or "illegal" ..... in the 5-year qualifying period that matters.

Please take into account that the OP has been "legal" since 2004.



Again, please read the link to the UKBA document I provided.

Been here in the UK legal/illigal here for 5 years or more alone is not enough to be entitle for BC, since he has been here in the UK he has never been free of immigration rules, he only got ILR march 2010, to be entitle for BC, in addition to legal 5 years residence (lets asume he has this one), he also need 12 months post-ILR free of immirgation rules (which he has not got yet), to make make it free simple:

March 2010+12 month post-ILR (free of immigration rules)= March 2011.

I hope this is clear enough, so if he apply know (without being free of immigration for 12 months), he will loss his money, and I am just trying to help him in this matter. hope this clarification helps.

Having read the link that John provided it is very clear that Citizenship can be granted now.
It is not ambiguous, it is very plainly stated.
15 months after submission if ILR is granted

This would true if his ILR was granted based on his intial application within the immigration rules. BUT, this is not the case here, though he applied for ILR in 2007, then waited more thatn 15 months (exactly march 2010), THEN, he was granted ILR out of immigration rules, so you can not apply the above document 7.5 g on this case. All the immigration cases being grated through legacy case AND out of immigration rules should be free of immigration restrictions for 12 months before applying for BC.

I may of course be wrong but this was my point too. All legacy cases were given a completion date of July 2011 so I presume the 15 month rule doesn't apply here. Wouldn't this completion date of July 2011 then supercede the 15 month rule?

[karwan1]

he applied for ILR in 2007, then waited more thatn 15 months (exactly march 2010), THEN, he was granted ILR out of immigration rules, so you can not apply the above document 7.5 g on this case

No doubt the ILR was applied for prior to the expiry of his previous visa. He has been "legal" in the UK since a date in 2004.

Where is your evidence that 7.5.g does not apply in the circumstances in play in this case?

Read this:

http://www.ukba.homeoffice.gov.uk/briti ... trictions/

Now, could you tell me that his ILR was granted because of:

1.His Initial application, in which case you could apply all the rules you want to apply?

or

2.His ILR was granted through legacy case out of immigration rules?

If it is because of number 2 (which he is claiming to be) then 15 months would not apply, as it is legacy case, and it is out of immigration rules, all legacy cases should be concluded by July 2011.

Of course he still can apply for BC, but then there is always a risk of lossing the money, which precisely he does not want this to occur.

[John]

karwan1, those bullet points in your link, do you see that they are all connected with an "or"? If not, please check that out. Accordingly it is irrelevant that the bullet point you are referring to is not passed.

The fact is of course that the penultimate bullet point is passed :-

you made a successful application for indefinite leave to remain more than 15 months before your naturalisation application but the decision on your application was delayed due to something that was not your fault

[mrlookforward]

Given the fact that I have minimum intelligence, this is all too becoming very complicated.

[karwan1]

karwan1, those bullet points in your link, do you see that they are all connected with an "or"? If not, please check that out. Accordingly it is irrelevant that the bullet point you are referring to is not passed.

The fact is of course that the penultimate bullet point is passed :-

you made a successful application for indefinite leave to remain more than 15 months before your naturalisation application but the decision on your application was delayed due to something that was not your fault

I put this link so that you are aware that I know what you are referring to, the fact is that he has received ILR out of immigration rules, as such, you can not apply these immigration rules to something which is out of immigration rules.

[John]

I put this link so that you are aware that I know what you are referring to

Oh, i thought you put your link ..... to support my argument!

What have the immigration rules got to do with this? We are talking about a Naturalisation application! Clearly the penultimate bullet point is met.

[karwan1]

I put this link so that you are aware that I know what you are referring to

Oh, i thought you put your link ..... to support my argument!

What have the immigration rules got to do with this? We are talking about a Naturalisation application! Clearly the penultimate bullet point is met.

I have to say that I disagree, obviously the penultimate point did not met, and this is why:

you made a successful application for indefinite leave to remain more than 15 months before your naturalisation application but the decision on your application was delayed due to something that was not your fault.

In this case his intial application was not successful, otherwise he would been told that he got ILR based on his application for ILR that he made in 2007, BUT, instead he was not told hat he was granted ILR OUT OF IMMIGRATION RULES, thereofre, as his intial application was not successful so he would not be entitle to discretion to disregard immigration time restrictions during the last 12 months need for naturalisation. Here we go back to sequre 1, as he has never been free from immigration restrictions till march 2010, so he would needs 12 months post ILR (out of immigration rules, not becasue his inital application was concluded successfully with ILR), which means march 2011, before he is entitle for naturalisation.

[mochyn]

thanks guys. I have spoken to two different solicitors who advised that he is eligible to apply for citizenship right now. Thanks

karwan1,
I see you have gone through the same route as the OP and it seems to me you are basing your answers on your own experiences.
However your experiences might have fundamental differences from the OP

[karwan1]

thanks guys. I have spoken to two different solicitors who advised that he is eligible to apply for citizenship right now. Thanks

karwan1,
I see you have gone through the same route as the OP and it seems to me you are basing your answers on your own experiences.
However your experiences might have fundamental differences from the OP

My experience is different, I was granted ILR Jan 2010, and was told to apply for BC in 2015.

[John]

Can I remind readers of this topic that on 28th April there was this posted :-

I have spoken to two different solicitors who advised that he is eligible to apply for citizenship right now.

I agree with those solicitors.

karwan1, you seem to want to read in additional hoops to jump through, that are not actually in the UKBA's guidance to its staff. Clearly you are not going to be convinced by anything I post, and you are entitled to your opinion. For me I am not going to continue to argue the point with you.

[Petana]

thanks guys. Will apply in next couple of months and will let you know the outcome. cheers

[karwan1]

thanks guys. Will apply in next couple of months and will let you know the outcome. cheers

Hi folks,

I am writing this mesage because I am feeling a bit guilty as I might have provided some wrong information unattentionally, Petana, I heard people similar to your situation are applying straight away after ILR rather than awaiting 1 year as I thought previously, I don't know the outcome though, but mostly likely John and other moderaters in the forum are right, after all I can only speak from my own experience which is very limited and I am not an expert. So, please ignore my previous comments and if you feeling to apply soon then I wish you all the best. Thanks.

[Goodman23]

Hi all,
I am looking for your advise for my husband. I have had a number of different opinions.
My background:
1. Iraqi Kurd - arrived to the UK in 1999
2. Rejected application 2003
3. Received 3 years discretionary leave 2004
4. 2007 applied for ILR
5. 2008 acknowledge as a legacy case
6. March 2010 granted ILR

Can I apply for naturalization now or do I have to wait for 12 months?

Many thanks

Petana

My advice is save your money and wait for the required 12 months post ILR granted as per rules unless you are legally married to a british citizen.
12 months is not long to wait really than loose ur money unneccesarilly. Also make sure that you don't get any convictions that may affect your application when you make it in 12 months time. Goodluck.

[bitsoup]

DId anybody get a definite answer on this? if one cal apply using the discretion?
Karwan do u kno d outcome of these people?

[taliska]

You have to wait for 12 months after being granted ILR, the rules are quite strict on that, not a day earlier

[geriatrix]

You have to wait for 12 months after being granted ILR, the rules are quite strict on that, not a day earlier

Subject to discretion, which may be in the applicant's favor .. as in bitsoup's case.


regards