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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7609
Experience:  UK Lawyer holding practising certficate for England & Wales.
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came from Kenya with 2 small children married a Englishman

Customer Question

came from Kenya with 2 small children married a Englishman now after 20 yrs has left but im still working can I apply for a uk passport or not
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Thomas replied 2 years ago.
Hi.
Thanks for your question.
Have you obtained indefinite leave to remain? If so please state when you obtained ILR.
Kind regards
Tom
Customer: replied 2 years ago.

I HAVE APPLIED FOR ILR EVERY 3 YEARS WHICH IS DUE AGAIN IN MARCH SO CAN I STILL TRY FOR A UK PASSPORT YES OR NO

Expert:  Thomas replied 2 years ago.
Hi,
Do you mean that you do not yet have ILR?
What are the most recent visas that you have held and when does the current visa expire please?
Kind regards,
Tom
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
You need to apply to be naturalised as a UK citizen prior to making an application for a passport. Once naturalised you will be able to obtain a passport.
You will need to meet the requirements on the following page in order to be eligible to apply for naturalisation:-
https://www.gov.uk/becoming-a-british-citizen/check-if-you-can-apply
In particular you should note the residential requirement as to any time you have spent out of the country and make sure that you have not spent over the amount stipulated.
You will note that there is a requirement that you must be free from immigration time restrictions for 12 months before applying for naturalisation. This means that (unless you are married to a UK national) you must have held ILR for 12 months before you can apply for naturalisation.
So, once you hold ILR you should wait for 12 months before applying for naturalisation.
Even if you do not qualify automatically under the current visa that you have for ILR but have been in the uk for 20 years with a mix of leave to remain and no leave to remain then you should qualify under the long residency rules for ILR. So, provided that you can provide your time in the UK it should not be long before you get ILR. However, I would suggest that you instruct a solicitor to make the application for you because this will give you the best chance of success.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Customer: replied 2 years ago.

BUT AS I HAVE BEEN RENEWING MY IRL FOR EVERY 3YRS JUST SEEMS STRANGE SOLICITER HAS NOT ADVISED ME TO GO FOR NATURLISEATION SO ITLOOKS LIKE I WILL HAVE TO APPLY FOR IRL AGAIN

Expert:  Thomas replied 2 years ago.
Hi,
ILR is the right to remain in the UK indefinitely without making any further applications. If you have been applying every three years then I doubt that you have ILR, instead you probably have simple further leave to remain (ie. further visas) and still need to get ILR.
You need to ask your solicitor directly but I expect they will say that this is the case and you still need to apply for ILR.
Tom
Expert:  Thomas replied 2 years ago.
Hi
Is there any further information you require?
I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided.
Kind regards,

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