The correct date for the naturalisation process

[dolores]

I am not sure about the correct time that me and my brother should apply for naturalization. I did arrive in UK in May 1999 and immediately applied for asylum on the same date of entry in UK. I was granted limited leave to remain only for 1 year given the specific medical condition the i had from March 2001 till April 2002. However on August 2001 my brother did join me as well in Uk. He was a minor at the time (still he is) and he was granted discretionary leave to remain from August 2002 till March 2006. On the other hand, after my limited leave to enter expired i did not hear from HO, they always kept saying that my case was under considerations. After many attempts by our Mp they did grant us the ILR under the Family Amnesty in march 2006. I am not sure whether i should apply in march 2007 after 1 year given that my brother has been recognised as legal since 2002 and myself since 2001. In addition my brother will be 16 years old this march (2007) should he appply by himself or with me?

[John]

On the other hand, after my limited leave to enter expired i did not hear from HO

Was the application for the new visa made before the expiry of the old visa? Can you clarify that please.

Or did you let the first visa expire, and then only later apply for the new visa?

[dolores]

Thanks a lot for your reply! The application in order to extend my limited leave to enter was done prior, I believe 4 weeks before. However HO did not make a decision on it for a very long time. Most letters from the home office stated that they had many applications to deal with and mentioned that my rights in staying in Uk were not affected until a new decision would come for the new application. As a result during this years I have had access to the public resources for my brother and education for both of us.

[John]

On the other hand, after my limited leave to enter expired i did not hear from HO

Given the information you have now given, it is not actually true that your limited leave visa expired. Although the stated expiry date had passed legislation known as Section 3C meant that the old visa was "treated as continuing" until such time as IND got round to making a decision on the application for a new visa. Accordingly you were "legal" all that time and thus not an overstayer.

That is important given that you now ask about applying for Naturalisation. I think that it is clear that you can apply for Naturalisation as soon as you have had ILR for one year ... sometime in March 2007 .... assuming of course that you have passed the Citizenship Test by then.

Your brother? Are you his Legal Guardian? Can you clarify that? I am just wondering if you can include him on your form AN(NEW) or whether he needs to make his own application for Registration as British ... Registration rather than Naturalisation given he is still a minor ... and no need for him to take the Citizenship Test.

Either way, consent is normally required from a child's parents when an application is made for a child to be Registered as British. Can you say where your parents are now? Or do you, or someone else, now have Legal Guardianship over your brother? Is there a formal Court Order concerning your brother?

[JAJ]

Either way, consent is normally required from a child's parents when an application is made for a child to be Registered as British. Can you say where your parents are now? Or do you, or someone else, now have Legal Guardianship over your brother? Is there a formal Court Order concerning your brother?

For registration under section 3(1) it's is true that parental consent is "normally" required, but the Nationality Instructions (section 9.16) make it clear that a non-custodial parent will not be allowed to veto the application unless there is a good reason:
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary (pdf)

Chapters 9.17-9.22 deal with situations where the child is in the custody of those other than natural parents. It's worth bearing in mind that some "custody" regulations may cease to apply at age 16 (rather than 18 ) and advice from a family law solicitor should be sought if this is important.

[dolores]

Again I would like to thank you for all the replies. I am very aware that i will encount problems with the application of my brother given that I do not have any court order that makes me his legal guardian. Actually this was the main requirement that HO wanted in order for me to classify for the Family Amnesty that was given in 2003. However in my correspondence with them I did explain to them that i was not aware of the family law in UK and in addition none of the institutions such as social services did advise me in doing so. However I did sent them an assesment done by the family unit of my local council that stated that even though I was only 18 years old at the time I seemed to be capable of taking care of my minor brother. Hence I pressume that they did take ino account this assesment therefore they treated me has his guardian even though there is no such court order. In answering the question about my parents, my dad is dead while with my mum I have not had any contact with her since early 2002 therefore I am the only closed relative for my brother except an uncle that is currently living in Germany.

[John]

Dolores, haven't you had to grow up fast! Let's hope the rest of your life is a little less eventual than the first few years!

Anyway I think that when you apply for your Naturalisation I think your brother should apply for Registration as British ... both applications being sent in at the same time. Ordinarily the form MN1 requesting Registration is completed by a parent but clearly that is not possible here. So I think your brother should apply for himself and the supporting documentation you have already referred to needs to be submitted with the application. The fact that both of you were granted ILR at the same time seems to indicate that IND accept the family relationship and your status in that family relationship, and thus it is totally logical for IND to exercise their discretion in your brother's favour and grant Registration as British, at the same time as your Naturalisation application is granted.

Ordinarily a child is entered upon the parent's form AN(NEW) but I don't think that is appropriate here as your brother is not your child.

Dolores, have you studied for and passed the Citizenship Test? If not you need to do that ... otherwise no Citizenship applications possible.

[dolores]

John, thank you for your help and advice! I hope as well that everything will be sorted out in order for me and my brother to settle and live in a more quite and less hectic state prior to before!
Actually i have read the book about the citizenship test and I am quite confident that i will pass it next year in january. I pressume that my brother won't need to take the test given that he is under 16 thus is still treated as a minor. Although let's hope that everything will run smoothly because you never know what the HO will come up to!

Anyway, I wish to everybody Happy New Year and every success for the coming year!

[JAJ]

I pressume that my brother won't need to take the test given that he is under 16 thus is still treated as a minor.

Test is only needed for those applying for naturalisation. Your brother will apply for registration (as he is under 18) so no test required for him.

[dolores]

Hey everybody!

It seems that my problems are endless! This morning, I called my closest test centre by the way is in Croydon in order to book the British Citizenship Test and apparently the rules have changed. From 16th of January the applicants must provide either travel document, passport or residence permit bearing a photo of the applicant and no longer is accepted the two photographs signed by a referee.

This is really bad as I do not hold such documents as the only travel document I had was given back to the HO when I did apply for the extension of my leave to enter in 2002 and it was never returned back. I spoke with British Nationality Team and they said they could not accept the photocopy of my travel document even though it is certified by the solicitor, given that the new rules are introduced to avoid applicants to abuse the system.
Although they advised me to write to the HO so they can return my travel document which personally I think is a dead end way as the travel document must have been lost in there. Any advice? I do not want to consider the application of a new travel document as it is quite expensive and being student dos not help a lot. Can the HO provide me with a letter of my immigration status including a photo in it??????

[John]

Although they advised me to write to the HO so they can return my travel document which personally I think is a dead end way as the travel document must have been lost in there. Any advice?

I think I would do that, that is write to the HO, but in the absence of a prompt response, go and see the MP for the area in which you live. Ask that MP to apply the needed pressure to ensure a speedy response to your request for the return of the needed document.

[dolores]

Thank you John. I just sent the letter attaching the neccessary letters including the photocopy of the travel document certified by the solicitor. I will follow your advice regarding contacting my local MP but I hope she won't be annoyed by the fact that I am always going to her. I will let you know if something happens.