Can I go for naturalisation?

[BoDoh]

Hi,

My original HSMP was approved on Sept 2004. Came to this country on May 2005. Recently went for ILR under JR, my application was approved and ILR was back dated to Sept 2008 (according to attached letter). Can I go for naturalisation this coming Sept 2009?

Thanks

[djb123]

Hi,

My original HSMP was approved on Sept 2004. Came to this country on May 2005. Recently went for ILR under JR, my application was approved and ILR was back dated to Sept 2008 (according to attached letter). Can I go for naturalisation this coming Sept 2009?

Thanks

No. If you didn't arrive in the UK until May 2005 then the earliest you can apply is May 2010.

[BoDoh]

Hi

Thanks for your reply.

I thought the criteria for naturalisation is to have 12 months ILR prior application and I will fulfill that requirement in Sept 2009.

Is it usual that the ILR back dated to the initial approval date not the 1st arrival date?

Thanks

[djb123]

Hi

Thanks for your reply.

I thought the criteria for naturalisation is to have 12 months ILR prior application and I will fulfill that requirement in Sept 2009.
Is it usual that the ILR back dated to the initial approval date not the 1st arrival date?

Thanks

The other criteria is residency in the UK - when you apply you must have been in the UK exactly 5 years ago (3 years if you are married to a British citizen which I presume you are not) and not been absent from the UK for too many days.

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

No idea about your 2nd question.

[John]

Is it usual that the ILR back dated to the initial approval date not the 1st arrival date?

It is usual for the ILR to be dated with the date of issue. It is only because you were applying for the ILR using the JR procedure that it was dated any earlier than that.

I thought the criteria for naturalisation is to have 12 months ILR prior application and I will fulfill that requirement in Sept 2009.

It is one of the conditions but as already pointed out you also need to have been physically in the UK exactly 5 years before UKBA receive the Naturalisation application.

Which begs the question, before you arrived in May 2005, were you in the UK (legally) at any time from 5 years ago? As a student? A visitor?

If yes, give date details.

[OFCHARITY]

I am in a similar position, I was surprised when they gave me a back dated letter to the date of my initial approval rather than the date at which I told them I was counting my qualifying period from (I had an over 90 days absence in my first year so I stated the date of my return to the UK after this absence as the start of my qualifying period). I even explained this to my caseworker during the interview.

They seemed to have completely ignored the absence and entry date and used the date of my Aprroval instead. I pointed this out to the person who handed me the passports and letter back and ask that they double check because I believed it was a mistake. They response after they double checked was that the date of my approval letter is the correct date to use.

I was initially nervous about using this letter to apply for Naturalisation, but I have decided that since they insist that it is correct, it should be OK.
The trouble is that if I had received this letter a few months ago then I would have been able to meet the physically present 5 years ago rule, however at this time I do not meet that rule as exactly five years I was on that (over 90 days) absence I mentioned earlier.

I am thinking of applying anyway asking for discretion on the grounds that if I had received ILR when I should (after 4 years) then I would've been able to make my Naturalisation application on a date when I'd have met the conditions of the physically present 5 years ago rule.

[John]

I am thinking of applying anyway asking for discretion on the grounds that if I had received ILR when I should (after 4 years) then I would've been able to make my Naturalisation application on a date when I'd have met the conditions of the physically present 5 years ago rule.

Then rapidly drop that thought! My reason for saying this is that as regards the "applicant was physically in the UK exactly 5 years before UKBA receive the Naturalisation application" test, UKBA have no discretion!

UKBA do of course have to operate within the law, and whilst they do have discretion in a number of other areas, the law does not permit them to exercise a discretion as regards this particular test.

So applying now would definitely lead to your application being rejected .... a total waste of money. You need to wait until after the 5th anniversary of your return to the UK. When is that?

[OFCHARITY]

thanks John, that'll be November then. My spouse will be able to meet the "physically present 5 years ago" test if he applies in the next few weeks however. If my spouse applies now, would our minor child whose entry and exit dates are exactly the same as mine be able to apply at the same or is it best to wait until the child can meet the requirement.