When to apply? ILR under long stay, entry as minor

[DeeM]

Hi guys

I'm a little confused about when I should apply for a British passport (correction: citizenship!). I've outlined my timeline below, maybe someone can help?

Nov 1993 - entered UK at 17 as student
Nov 1998 - student visa expired
Dec 2007- applied for ILR
Oct 2009 - ILR granted

I think it should be Oct 2014 or Oct 2015 but I'm not sure. No absence for the UK since the ILR was granted.

Thanks

[1664]

Hi guys

I'm a little confused about when I should apply for a British passport. I've outlined my timeline below, maybe someone can help?

Nov 1993 - entered UK at 17 as student
Nov 1998 - student visa expired
Dec 2007- applied for ILR
Oct 2009 - ILR granted

I think it should be Oct 2014 or Oct 2015 but I'm not sure. No absence for the UK since the ILR was granted.

Thanks

I think you mean for british citizenship and then passport.
You can apply right away as its been more than a year since your ILR was issued.

[vinny]

See also Annex B.

[DeeM]

Oh wow, didn't realise that. Thank you so much

ETA

Was excited, forgot to add, yes citizenship not passport and I thought I'd have to be here an additional 5 or 6 years legally as I'd overstayed

[SAKSHI007]

Oh wow, didn't realise that. Thank you so much

ETA

Was excited, forgot to add, yes citizenship not passport and I thought I'd have to be here an additional 5 or 6 years legally as I'd overstayed

Hi There , did you get naturalised .

plesae help me .

My case is very similar to yours .

I got my ILR in Nov 2009 ON A 14 YEAR Long resindency

still on ILR

Cheers

Sakshi
[/i]

[JulesN19]

Hi There , did you get naturalised .

plesae help me .

My case is very similar to yours .

I got my ILR in Nov 2009 ON A 14 YEAR Long resindency

still on ILR

Cheers

Sakshi
[/i]

You do not currently meet the residence requirements yet because time when you were here unlawfully does not count.

The Home Office does have the discretion to disregard the fact that your presence in the UK was unlawful. However, the Home Office's guidance on the residence requirement indicates that this discretion will normally only be exercised in certain circumstances specified at part 8.10.

The only possible circumstance specified that would appear to be likely to apply from what you have said is:

possible regularisation of the persons stay was under consideration during the period of breach – i.e. there was a pending immigration appeal OR an undetermined application for leave to enter or remain (this includes those who were invited to apply under the “family ILRâ€

[SAKSHI007]

DETAILS IF THAT HELPS TO FIGURE OUT NAT DATE
I came to the UK on 17051994

MY dad applied for ILR in jan 2007 adding me as dependent children
he got ILR but we were refused , reson given i did not complete 14 years and not under 18years

Then I applied again after this refusal and got my discreationary leave to remain in may 2008 .


So Tecnically speaking my first application was logged in year 2007 .


DO I BECOME LEGAL FROM THE DATE MY APPLICATION WAS RECEIVED BY HOME OFFICE IN 2007 ???????

IF YES . COULD I COUNT MY RESIDENTIAL PERIOD OF 5 YEARS FROM THAT DATE IN 2007.

OR WHEN I APPLIED IN 2007 AND GOT GOT MY DICRETIONARY LEAVE .

OR FROM THE DATE I GOT MY DISCRETIONARY LEAVE IN MAY 2008

PLEASE LET ME KNOW AT THE EARLIEST WHEN CAN I APPLY FOR NAT.
I have been granted ILR ON NOV 2009 on a 14 year basis .

Many thanks.

[/i][/quote]

You do not currently meet the residence requirements yet because time when you were here unlawfully does not count.

The Home Office does have the discretion to disregard the fact that your presence in the UK was unlawful. However, the Home Office's guidance on the residence requirement indicates that this discretion will normally only be exercised in certain circumstances specified at part 8.10.

The only possible circumstance specified that would appear to be likely to apply from what you have said is:
[quote]possible regularisation of the persons stay was under consideration during the period of breach – i.e. there was a pending immigration appeal OR an undetermined application for leave to enter or remain (this includes those who were invited to apply under the “family ILRâ€