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Thomas
Thomas, Lawyer
Category: Immigration Law
Satisfied Customers: 7473
Experience:  UK Lawyer holding practising certficate for England & Wales.
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, my brother has indefinite leave to remain in the UK.

Customer Question

Hello, my brother has indefinite leave to remain in the UK. He would like to apply for british citizenship sot that he can obtain a passport and travel,however, he has been charged with assault and criminal damage during a fight on a night out, understand that he has to wait 3 years until after his community service is spent before he can apply for british citizenship. My brother was born in kosovo but was not registered so getting a kosovan passport and having a biometric indefinite leave to remain visa to travel is not possible. Is there any way my brother could obtain a temporary travel document so that he can come to my wedding in kosovo?
Kind Regards,
Illy.
Submitted: 1 year ago.
Category: Immigration Law
Expert:  Thomas replied 1 year ago.
Hi Illy,
Thanks for your question.
What sentence did he receive as a result of the conviction?
What passport did he use when he applied for ILR?
Kind regards,
Tom
Customer: replied 1 year ago.

He had an exceptional leave to remain passport issued in the UK.

he recieved 3 months of having to wear an ankle tag and he could not go out during the weekends and he had to complete 3 months of working in a charity shop every saturday, however he missed some sessions so he now has to go out and collect rubbish and clean grafitti off walls.

Kind Regards,

Illy.

Expert:  Thomas replied 1 year ago.
Hi Illy
Thank you for your question and patience, I’m Tom and I’ll try to help you.
In order to be eligible for naturalisation he would have to meet the good character requirement:
You will see from the table at 2.1 of the above link that a period of 3 years must pass from the date of the conviction before he applies for naturalisation, because his conviction would be classed as a non-custodial sentence or other out of court disposal. If he applies before this time then his application would be rejected unfortunately.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/385792/Chapter_18_Annex_D_v02_141210_web_version.pdf
A travel document is issued by the country that a person wishes to travel to. So, only a Kosovan embassy would be able to issue it to him. The home office/UK government cannot issue him with a travel document for Kosovo.
Regrettably, I imagine that he will face the same problems with his travel document as he does with his passport, in that it is probably equally as difficult to get one. My suggestion would be to proceed with attempting to obtain a passport as early as possible.
I am sorry
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
Expert:  Thomas replied 1 year 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,
Tom

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