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date to submit for citizenship

Posted: Sun May 23, 2010 1:36 pm
by karlbhatra
Hi

I obtain my HSMP approval letter) whislt in the Uk on 10th Sept 2005 but passport stamped 26th Sept 2005. Subsequently I applied for ILR under JR in person and passport stamped on 30th Sept 2009 (I wasn't aware of the JR earlier otherwise I would have applied in August 2009 - on the 11th month).

I sent several emails/letters to Home office to request a backdate letter as I was informed by them initially by an email that I am affected by the JR and therefore should write to Home office for a backdated letter. Subsequently I worte to them officially with nom response and I then sent another email to request for this letter. This time i was informed that I should wait until 30th Sept 2010 to apply for naturalisation (inconsistent with what they said earlier)

My question is on the calculation for naturalisation :-

1. Is it 4 years for ILR calculated from the date I received the HSMP approval letter or is it from the date my passport was stamped with the first HSMP Visa? HSMP 1st email to me stated "the date ILR deemed granted"

2. I could have applied (had I known of the JR) in August 2009 instead of Sept 2009, therefore should the 12 months for naturalisation start from 10th August or 10 Sept 2009 instead of 30th Sept?

I know it is only matter of 1 month but my problem is that my country does not recognise dual nationality and my passport is due to expire on 15th Sept 2010. I also dont want to renew my passport as it is very costly.

your views/response are appreciated.

2. Withr regards to calculation of

Posted: Sun May 23, 2010 1:43 pm
by John
I know it is only matter of 1 month but my problem is that my country does not recognise dual nationality and my passport is due to expire on 15th Sept 2010. I also dont want to renew my passport as it is very costly.
Then don't renew it! Just apply for Naturalisation as British sometime in October.

Posted: Sun May 23, 2010 1:45 pm
by geriatrix
One must be free from immigration time restrictions for a period of 12 months before becoming eligible for naturalisation.

In your case, in absence of a letter that confirms grant of ILR from a back date, the earliest you can apply for naturalisation is 30-Sep-10.


regards

Posted: Sun May 23, 2010 3:10 pm
by karlbhatra
John wrote:
I know it is only matter of 1 month but my problem is that my country does not recognise dual nationality and my passport is due to expire on 15th Sept 2010. I also dont want to renew my passport as it is very costly.
Then don't renew it! Just apply for Naturalisation as British sometime in October.
Can I apply with an expired passport? I checked with NCS (National checking Service) who said i must have a valid passport before aplying for naturalisation.

Posted: Sun May 23, 2010 3:42 pm
by John
When you took your Life in the UK Citizenship test, what evidence of identity did you supply? Or if you have not already taken it, what evidence of identity will you show?

When you apply for Naturalisation you are expected to show the same evidence as you did for the test. So if photocard driving licence shown, passport not needed at all.

Some applicants for Naturalisation will not have a passport. That does not prevent them from applying.

Posted: Sun May 23, 2010 3:54 pm
by karlbhatra
John wrote:When you took your Life in the UK Citizenship test, what evidence of identity did you supply? Or if you have not already taken it, what evidence of identity will you show?

When you apply for Naturalisation you are expected to show the same evidence as you did for the test. So if photocard driving licence shown, passport not needed at all.

Some applicants for Naturalisation will not have a passport. That does not prevent them from applying.
Hi John

I showed my passport for the Life in the Uk test. What is the status of ILR with an expired passport. does this mean I have lost it?

Posted: Sun May 23, 2010 4:03 pm
by John
No, the ILR continues, irrespective of the expiry of the passport.

Posted: Sun May 23, 2010 4:17 pm
by karlbhatra
John wrote:No, the ILR continues, irrespective of the expiry of the passport.
Dear John

What is your advise on the submission for naturalisation? Do I submit it in October with the expired passport?

Posted: Sun May 23, 2010 5:02 pm
by John
My problem is this. I can't see anything on the UKBA website that says that the passport needs to be in-date, when the Naturalisation application is made.

It would be good to know the justification for the stance by the NCS office.

Posted: Sun May 23, 2010 8:42 pm
by mrlookforward
NCS can sometimes give wrong or misleading advice. You can submit your expired passport, no problems with it as far as UKBA is concerned.

Re: date to submit for citizenship

Posted: Mon May 24, 2010 4:12 pm
by f2k
karlbhatra wrote:Hi

I obtain my HSMP approval letter) whislt in the Uk on 10th Sept 2005 but passport stamped 26th Sept 2005. Subsequently I applied for ILR under JR in person and passport stamped on 30th Sept 2009 (I wasn't aware of the JR earlier otherwise I would have applied in August 2009 - on the 11th month).

I sent several emails/letters to Home office to request a backdate letter as I was informed by them initially by an email that I am affected by the JR and therefore should write to Home office for a backdated letter. Subsequently I worte to them officially with nom response and I then sent another email to request for this letter. This time i was informed that I should wait until 30th Sept 2010 to apply for naturalisation (inconsistent with what they said earlier)

My question is on the calculation for naturalisation :-

1. Is it 4 years for ILR calculated from the date I received the HSMP approval letter or is it from the date my passport was stamped with the first HSMP Visa? HSMP 1st email to me stated "the date ILR deemed granted"

2. I could have applied (had I known of the JR) in August 2009 instead of Sept 2009, therefore should the 12 months for naturalisation start from 10th August or 10 Sept 2009 instead of 30th Sept?

I know it is only matter of 1 month but my problem is that my country does not recognise dual nationality and my passport is due to expire on 15th Sept 2010. I also dont want to renew my passport as it is very costly.

your views/response are appreciated.

2. Withr regards to calculation of
1/ The 4years is calculated from the date of either a) Stamp of arrival in passport or b) date of issue of 'Limited LEave to remain' stamp in passport if applied incountry. So i believe in your case the earliest they could backdate you letter would be 26 September 2010 (4 days earlier than what you got). It doesnt matter that you 'could' have applied 28 days earlier, you would only be 'due' for ILr in September and this would be date they would backdate to.

2/ I think you can apply with an expired passport. I think there are cases of people who have applied without a passport altogether.

NCS can be very strict with what they ask for, and also it may differ from NCS to NCS so shop around other consider posting your application or extend your passport