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Granted ILR in Nov 2010 but prior to that, I was an overstayer. I was of the belief that you are required to show legal residence in the UK for a period of 5 years after the grant of ILR or prior to receiving ILR to be eligible for citizenship.

However, I have read so many cases where those who claimed asylum and was later refused but subsequently granted ILR under legacy, are able to apply for citizenship and 9 out of 10, they are granted citizenship.

Using that same yardstick and having lived in the UK for over 15 years and had my application pending in the Home Office for over 3.5 years (meaning i was technically not illegally in the country). Shouldn't I also be eligible for citizenship or must I still wait the 5 years period?

Your advise would be greatly appreciated.

Twin wrote:Using that same yardstick and having lived in the UK for over 15 years and had my application pending in the Home Office for over 3.5 years (meaning i was technically not illegally in the country).

I don't think this is true. Wait for expert opinion, but as far as I know, when your passport is with the HO, your immigration status remains as is until a decision is made on your new application.

As for overstaying after your passport was returned, that's another story.

Ikpone, thanks for your reply.

Why isn't this statement true for asylum seekers? How come they are able to apply for naturalisation a year after being granted ILR?

Sorry, I didn't realise from your post that you were here as an asylum seeker. Not sure at all on the rules there, so best to wait for expert opinion

No, i am not and was not an asylum seeker but thanks for your help.