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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7478
Experience:  UK Lawyer holding practising certficate for England & Wales.
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My name isXXXXX came in uk in december 2004

Customer Question

My name isXXXXX came in uk in december 2004 with a student visa expiring in 2007, i asked for an extension and it was extented up to aug 2008, thn I asked for anther extention and it was refused in nov 2008, I went for an appeal and da appeal was refused in march 2009, so in july 2010 I applied for visa basing on family ties and I was granted indefinite leave to remain in the Uk in june 2011. Now my question is can I apply for naturalisation or british citizenship? I ve nevet moved out side the country ever since I came in december 2004. So do I qualify to apply for naturalisation or british citizenship? Thank u very much
Submitted: 3 years ago.
Category: Immigration Law
Expert:  Thomas replied 3 years ago.
Hi

Is it correct to say that between March 2009 and July 2010 you did not have leave to remain in the UK? Ie. That you were illegal. .

Tom
Customer: replied 3 years ago.

But didnot move away from the country and iam not applying under the ten years rule where it says u should be in the country legally for the ten years iam applying for british citizenship where by the want u to show tht u ve not moved away from the country for 12 months it does not say whether u ve been illegal or legal solonger as u ve not moved away from the country in those five years.

Expert:  Thomas replied 3 years ago.

Hi,


I appreciate what you say but if you did not have leave to remain in the UK then you were technically illegally in the UK during this time.


The difficulty in terms of apply for naturalisation is that this means that during this time you would not be regarded as meeting the residential requirements.


Please refer to the following link and in particular the heading titled "Residential requirements":

http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/

 

 

You will note that one of the bullet points states "not been in breach of the Immigration Rules at any stage during the five-year period."

 

Not having leave to remain is regarded as being in breach of the immigration rules.

 

So, what this means is that the earliest that the 5 year naturalisation period could run from is from when you regularised your stay and were granted ILR in June 2011 (if you were not granted normal leave to remain between July 2010 and June 2011) . This means that the 5 year period can run from the date you received ILR.


This means that the earliest that you could apply for naturalisation is from June 2016.

I am sorry, but it's better that you know this so that you do not waste the naturalisation fee.

 


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Kind regards,


Tom

 

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