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Naturalization - Breach of Immigration Rules?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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JB2012
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Joined: Fri Dec 07, 2012 11:47 pm

Naturalization - Breach of Immigration Rules?

Post by JB2012 » Fri Dec 07, 2012 11:50 pm

Hi
I wonder if someone could help.
My cousin came to Britain in 1995 on her mothers passport. Her mother was an overstayer on a visitors visa but was unable to return because of problems in her home country.
Her mother was served with an order to be detained and deported but appealed and was given indefinite leave to remain in 2010. As you can see by the 15 year gap it was a very long drawn out process (during which the Home Office lost her mother's passport, then lost them in the system).
We are applying for her naturalization but while filling in form AN I'm unsure about the rule on breach of immigration rules. She has had 2 years in the UK after being granted indefinite leave to remain. Before ILR was granted she had been in the country for 15 years. In that time would she be classed as being in breach of the rules - given that her mother brought her on her passport?
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trs2011
- thin ice -
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Joined: Thu Oct 04, 2012 3:24 pm

Post by trs2011 » Sat Dec 08, 2012 11:22 am

Well , yes , she has been in breach of immigration rules , however , that is rarely a refusal factor and down to the UKBA whether to disregard that as you know , being granted citizenship is not an entitlement but a discretion . But i have heard of people , plenty of them , who were in total breach and got granted ILR through legacy but were granted citizenship , so i think she will get it . I believe the Home Office put a lot of weight on convictions rather than this breach thingy , so as long as she has no convictions , 99% she will be granted , thats my personal opinion anyway . Good luck .
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Jambo
Respected Guru
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Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Sat Dec 08, 2012 4:18 pm

I wouldn't say 99% but it is true the HO normally apply discretion when the breach of immigration rules was out of the control of the applicant such as when he was a minor and the breach was by his parents.
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JB2012
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Joined: Fri Dec 07, 2012 11:47 pm

Post by JB2012 » Sun Dec 09, 2012 8:43 pm

Thank you for your advice. I am surprised that the HO are lenient on this as its stressed so much in the form AN guidance notes!

We'll give it a go but if anyone has any evidence to the contrary please let me know as I wouldn't want to waste £851!
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quantum1
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Joined: Mon Oct 17, 2011 5:31 pm

Post by quantum1 » Mon Dec 10, 2012 11:08 am

There is also a residential requirement to have been lawfully in the uk for the last 5 years
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JB2012
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Joined: Fri Dec 07, 2012 11:47 pm

Post by JB2012 » Mon Dec 10, 2012 5:51 pm

Thanks Quantum but according to Jambo and trs2011 the HO will be lenient on this?

Can I also ask will the same apply to the mother's naturalization - would they be lenient with her?
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