ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR Approved, Backdates and British citizenship

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

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

Locked
Modenine
Newly Registered
Posts: 2
Joined: Tue Jun 07, 2016 11:19 pm

ILR Approved, Backdates and British citizenship

Post by Modenine » Wed Apr 10, 2019 4:31 pm

Please is there possibility for one to apply for British Citizenship after the ILR was delayed by HO for close to 3 years? Here is my timeline

ILR application refused in 2016 due to deception claims by HO
JR Hearing Oct 2017
Judge's Decision Dec 2018 (JR case won)
2019 (ILR) approved

I look forward to getting advise as regards whether I can make an application for British Citizenship straight away or do l have to wait for one year. Also can the ILR letter be backdated considering l have had continous legal stay (over 12years) after l won my JR and ILR was approved.

User avatar
CULLINAN
Respected Guru
Posts: 11124
Joined: Wed Sep 13, 2017 10:51 pm
Pakistan

Re: ILR Approved, Backdates and British citizenship

Post by CULLINAN » Wed Apr 10, 2019 8:48 pm

You will have to stay on ILR for at least 12 months from the date of approval letter or BRP date unless you are married to a British Citizen.
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

User avatar
bizman
Diamond Member
Posts: 1100
Joined: Tue May 30, 2017 9:15 pm
Location: UK
Mood:
United Kingdom

Re: ILR Approved, Backdates and British citizenship

Post by bizman » Wed Apr 10, 2019 10:41 pm

You need to wait for 12 months unless your spouse is BC
Bizman

User avatar
zimba
Moderator
Posts: 21757
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: ILR Approved, Backdates and British citizenship

Post by zimba » Wed Apr 10, 2019 10:42 pm

You may be able to benefit from discretion applied to the requirements of the section 6(1):
Applicants under section 6(1) who have not been free of immigration time restrictions for 12 months

Applicants under section 6(1) of the 1981 act are also required to have been free of immigration time restrictions for the remainder of this period. There is however discretion to waive this requirement. Discretion to disregard immigration time restrictions in the 12 months prior to application can be exercised if....

•the applicant made an application for ILR at least 15 months before the citizenship application, and was granted following a delay which was not their fault
https://assets.publishing.service.gov.u ... 3.0ext.pdf
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

masterpeas
Junior Member
Posts: 73
Joined: Sun Apr 17, 2011 10:07 pm
Vietnam

Re: ILR Approved, Backdates and British citizenship

Post by masterpeas » Wed Apr 10, 2019 11:00 pm

Modenine wrote:
Wed Apr 10, 2019 4:31 pm
Please is there possibility for one to apply for British Citizenship after the ILR was delayed by HO for close to 3 years? Here is my timeline

ILR application refused in 2016 due to deception claims by HO
JR Hearing Oct 2017
Judge's Decision Dec 2018 (JR case won)
2019 (ILR) approved

I look forward to getting advise as regards whether I can make an application for British Citizenship straight away or do l have to wait for one year. Also can the ILR letter be backdated considering l have had continous legal stay (over 12years) after l won my JR and ILR was approved.
Congrats!! it seems so many cases have been finalised with success! my case was put on hold on JR awaiting for the court of appeal result. not sure when I can hear from HO... how did you overturn them on JR? strong case? I found judges have various understanding and hence results were all different.

secret.simon
Moderator
Posts: 11251
Joined: Thu Feb 21, 2013 9:29 pm

Re: ILR Approved, Backdates and British citizenship

Post by secret.simon » Thu Apr 11, 2019 1:43 am

masterpeas wrote:
Wed Apr 10, 2019 11:00 pm
I found judges have various understanding and hence results were all different.
Depends on the basis of the ILR application (spousal, PBS, Long Residence, etc), the evidence adduced, the arguments of counsel, etc. Too many variables.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Locked