ILR under legacy case to british citizenship

[karwan1]

Hi all,

I am new to this forum, I wonder if somebody could clarify this question: when a person is issued ILR under legacy case, how long it take for him/her to be able to apply for british citizenship? is 12 months or 5years?

Backgroud: I arrived to the UK 2000 at the back of lorry, applied for asylum while I was still at the back of lorry (IMMEDIATELLY ON ARRIVAL TO the UK port), asylum claim was refused 2003, appeal was refused early 2006, submitted fresh clamin end of 2006, and recently issued ILR under legacy case out of immigration rules early 2010.

Your opinion will be highly apperciated. Thanks

[John]

Based upon what you have posted I think you became "illegal" early 2006, and did not become "legal" again until you got your ILR earlier this year.

Accordingly I think you need to wait until 2015 before applying for Naturalisation, and even that is subject to the legislation in force at the time.

[mochyn]

Immigration rules are changing in july 2011 so be aware that although as John said 2015, it may be sooner or later or never.
Keep yourself updated

[karwan1]

Thank you guys for your reply, I was told it would be 2015 as well, but don't you think fresh claim since end 2006 would means some sort of atemperary admission (legal) sepecially I was reporting in monthly basis since 2001?

[John]

don't you think fresh claim since end 2006 would means some sort of atemperary admission (legal)

No, I don't think that. I think your "legal" status ceased days after you lost your appeal early in 2006, and the fact that you applied again at the end of 2006 does not make you legal.

I think it would be very different if you had made your second application within days on losing the appeal early in 2006 ..... but you did not, you applied again after many months.

[karwan1]

That makes a sense, and about the 2011 rule, I have been told by a soliciter this would not effect people who already have ILR whether the rule come 2011 or othertime.

Back to my first question, I was checking UKborder agency website, and appearently they have added a new paragraph to anex b: here is the link

Click here

Please check[ 8.10 and here is the summery:

an application for asylum or leave to remain was refused but, the application was reconsidered and ILR was granted outside the Rules – in this case, we may overlook any period of breach from the date the original (unsuccessful) application was made.

Based on this update, i believe many people on similar position to mine are starting to apply for ILR after their asylum claim was refused long time ago and they already had exhusted all the appeal in the past, i have been told now it is 1 year rather than 5 years...

[John]

But your problem is that your original application was not reconsidered. That is, you made a new application and it was that new application that was granted, eventually.

So I still think you have a wait until at least 2015, but that is just my view, and other opinions very welcome.

[karwan1]

Dear John,

Your relpy is really appercaited, I just want to clarify one thing, and that is my ILR was granted out of immigration law (I have been her for last 10 years...this is the base of ILR under legacy case), and make it more specific, my ILR was issued becasue of my asylum claim in 2000, or fresh claim in 2006, I have not been granted refugee status based on asylum/fresh claim, I was merely issued ILR under legacy case due to long residency...this is my situation as you see, I still believe you have have a very vaild point, I might need to ask a solicitor for further details...

[4444]

Dear John,

Your relpy is really appercaited, I just want to clarify one thing, and that is my ILR was granted out of immigration law (I have been her for last 10 years...this is the base of ILR under legacy case), and make it more specific, my ILR was issued becasue of my asylum claim in 2000, or fresh claim in 2006, I have not been granted refugee status based on asylum/fresh claim, I was merely issued ILR under legacy case due to long residency...this is my situation as you see, I still believe you have have a very vaild point, I might need to ask a solicitor for further details...

you can apply for british citizenship after one year if you ILR was granted under legacy. i applied and my citizenship got appoved after 2weeks.

[karwan1]

4444, you made my day my friend...thanks

[hamado]

Five-year citizenship wait for 'legacy' cases

"But the UK Border Agency(UKBA) has told them that people who have been granted refugee status under the so-called 'legacy' system will not be eligible for another five years."

I copy-pasted above passage from a website. It is about a woman who got ILR under legacy cases rules, applied for british citizenship after 1 years but got above result.

[karwan1]

That lady (like your case) was granted refugee status under legacy case, therefore, she needs to wait 5 years before being entitle for BC, but, getting ILR under legacy case out of immigration rules is different (not refugee status), in the second case they can apply for BC after only one year, such as in case of 4444 above. Hope this helps.

[unknown]

hello guys thats what i wana know aswell:

i came in Uk in 2003, ILR was refused in 2004, appeal hearing was in March 2005. on the advice from the adjudicator and HO rep officer i made a fresh claim on the same day n withdrew the appeal.

so from march 2005 till june 2010 in over 5 years i didnt hear anything from HO. they recognised my case as a legacy one and decided with in 14 weeks and issued me an ILR outa immigration rules.

as im here for near 8 years now is it possible if i could apply for BC now??? or have to wait for 12 months..

please reply as no body yet responded my post regarding this matter yet.

thanx

[avjones]

Thank you guys for your reply, I was told it would be 2015 as well, but don't you think fresh claim since end 2006 would means some sort of atemperary admission (legal) sepecially I was reporting in monthly basis since 2001?

No. A paragraph 353 application confers no status at all.

[zagoo2000]

Thank you guys for your reply, I was told it would be 2015 as well, but don't you think fresh claim since end 2006 would means some sort of atemperary admission (legal) sepecially I was reporting in monthly basis since 2001?

No. A paragraph 353 application confers no status at all.

hi, can someone please help me on this. the situation is a bit similar as 'karwan1's .

Im guardian of a family now which came to UK in '01 and applied for asylum after few days with the help of a solicitor. the asylum was refused after a year 02' (i think). the solicitor did the appealing for few years nothing happened there was no response. then solicitor was gone missing (he moved offices). finally, we managed to got hold of him and we came to know that in 2008 their solicitor submitted an application for indefinite leave to remain outside the immigration rules along with the relevant Legacy. we immediately changed their representatives. then by 2010 we received a letter requesting passport sized pics for the family, which the family sent on time. but after a year apr 2011 that was refused too. now the solicitors is asking to reconsider the case asking them to look into it under compassionate and humanitarian grounds. the family has been going for attendance since 2007 regularly. now, we are waiting from the HO reply to again.

its so frustrating, the family can't claim benefits because of the refused visas all this time. they have been living continuously for the last 10+ years now. unfortunately, their previous solicitors played them around for many years. what should be the best course of action for them please??? should they now just wait or actually make another application for human rights or something?

@karwan1.. 'asylum claim was refused 2003, appeal was refused early 2006, submitted fresh clamin end of 2006,... ' your fresh claim.. was that related to asylum as well or did you apply for legacy???

thanks.

[cobra]

Hi all,

I am new to this forum, I wonder if somebody could clarify this question: when a person is issued ILR under legacy case, how long it take for him/her to be able to apply for british citizenship? is 12 months or 5years?

Backgroud: I arrived to the UK 2000 at the back of lorry, applied for asylum while I was still at the back of lorry (IMMEDIATELLY ON ARRIVAL TO the UK port), asylum claim was refused 2003, appeal was refused early 2006, submitted fresh clamin end of 2006, and recently issued ILR under legacy case out of immigration rules early 2010.

Your opinion will be highly apperciated. Thanks

You can apply British Citizenship after 12 months

[zagoo2000]

i have asked this solicitor few times to make a fresh application but he seems switched on about what he is doing. he is pushing the refused legacy application and moving it towards the article 8 outside immigration rule? is that the right thing to do? should he not be making a new application?

(i can't seem to trust these solicitors anymore. after one of them played us about...)

i thought you can't make more than 1 applications at the same time.. but i guess legacy is refused so that could apply another application. how long do you suppose to wait to apply for another application??

what should we be doing if the legacy is refused???