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14years wrote:just a quick question. When applying for naturalisation do UKBA have any discretion over 5 years legal stay in this country or is it a straight no if your stay was not legal. I have been paying taxes for the last 17 years and i can get that record. Would that be enough along with a letter from my employer.

thanks for your help in advance.

D4109125 wrote:

14years wrote:just a quick question. When applying for naturalisation do UKBA have any discretion over 5 years legal stay in this country or is it a straight no if your stay was not legal. I have been paying taxes for the last 17 years and i can get that record. Would that be enough along with a letter from my employer.

thanks for your help in advance.

In the last 5 years what was your immigration status, were you an overstayer? Have you been granted ILR/PR?

14years wrote:

D4109125 wrote:

14years wrote:just a quick question. When applying for naturalisation do UKBA have any discretion over 5 years legal stay in this country or is it a straight no if your stay was not legal. I have been paying taxes for the last 17 years and i can get that record. Would that be enough along with a letter from my employer.

thanks for your help in advance.

In the last 5 years what was your immigration status, were you an overstayer? Have you been granted ILR/PR?

I have been granted ILR and i am intending to apply this October. stay was part legal part not so legal.

D4109125 wrote:

14years wrote:

D4109125 wrote:
The part in which you were not legal (there is no such thing as 'not so legal') can not count. Moreover, it was illegal for you to be working when an overstayer so saying you paid taxes is not going to help.

14years wrote:

D4109125 wrote:

14years wrote:

D4109125 wrote:
The part in which you were not legal (there is no such thing as 'not so legal') can not count. Moreover, it was illegal for you to be working when an overstayer so saying you paid taxes is not going to help.

so there is no discretion available to use by the UKBA.?

D4109125 wrote:

14years wrote:

D4109125 wrote:

14years wrote:

14years wrote:

D4109125 wrote:

14years wrote:

D4109125 wrote:

D4109125 wrote:

14years wrote:

D4109125 wrote:
I suggest you read The residence requirements particularly part 8.8-8.11 before you make an application.

14years wrote:

D4109125 wrote:

14years wrote:

D4109125 wrote:
I suggest you read The residence requirements particularly part 8.8-8.11 before you make an application.

Thank you very much for that. i think i may be ok.

D4109125 wrote:

14years wrote:

D4109125 wrote:
Good luck and if you apply be sure to let us know the outcome.

14years wrote:I am about to apply for naturalisation in October and have a little doubt, Hoping some one will be able to shed some light. I received my ILR on 14 years long residence basis.

It has been 15 months since i applied for my ILR and it took UKBA 11 months to decide. The delay was not my fault so i will be asking them to use their discretion in regards to being free from immigration control during the last 12 months.

I also believe there is a discretion they can use if you haven't been legal in the last 5 years but i am in 2 minds whether to ask for that discretion or just sent the required documents for the last 5 years and hope for the best. On the application form and other relevant guidance notes it states that the document they require for the purposes of legal stay for the last 5 years are your passports or letters from employers and other government departments.

Now i don't have any passport but i can provide them letters from my employer and also a statement from HMRC showing my tax and NI contributions?

Would those 2 documents be enough in regards to legal stay during the 5 years or shall i explicitly ask them for their discretion to be applied. obviously i have to convince them and provide more reasons for them to use their discretion in my favour.

Any help or suggestions would be much appreciated.

Jambo wrote:It's better to continue in your previous thread in which you asked the same question.

What was your status before? Have you claimed asylum? Have you been an overstayer? Were you a minor at the time?

Normally, if you applied under the 14 years rule, your lawful residence only started when you applied for ILR unless you had a previous claim pending.

On what basis would you ask for discretion for this requirement?

Also, if you were born in the UK and lived here for the first 10 years of your life, you might be better applying for Registration using form T instead of naturalisation.

14years wrote:I have lived here almost all my life as a british citizen but there were few problems when i applied for my british passports, mainly due to my parents. i consulted few solicitors and all suggested to apply under 14 years long residence.

Now as far as i am aware i was a citizen but obviously after applying under long residence category and been given ILR i don't know what my status was before. Yes i was a minor and this is the first time i am dealing with my own immigration status.

I would ask them that i was minor and had no control over my situation and hope for the best. I have never been in trouble with police and have paid all taxes and NI since i started working.

Jambo wrote:In case you missed this line (as my edit crossed path with your post):

* Also, if you were born in the UK and lived here for the first 10 years of your life, you might be better applying for Registration using form T instead of naturalisation. You could have also skipped the ILR application in that case.