Momi wrote:Hi guys,
One of my friend came in uk on study visa in 2010 and his wife and kids came on visit visa at the same time. They claim asylum which was granted. My question is that should they have to wait 10 years for British citizenship or they can Apply after one year of receiving ILR?
Will this new rule effect all refugees?
Booklet AN tells:
If you came to the UK as an asylum seeker and/or as an illegal entrant (you entered the UK clandestinely) you must have evidence that you were here legally during the residential qualifying period. You may be in breach of immigration laws during the residential qualifying period if you had exhausted all your appeal rights and had not left the country, even if you were subsequently given indefinite leave to remain as a concession. If you were not covered by temporary leave to remain during the whole residential qualifying period while appeals were under consideration, then your application will fail on breach of immigration conditions.
Just because you were given indefinite leave to remain does not mean that we will automatically disregard the time you were in breach of immigration laws during the residential qualifying period. Any immigration offences will also be considered as part of the Good Character requirement.
So if your stay here was legal all the time, means you did not have any expired visas/overstay, then you are fine to apply. You can
click here for more guidance. Otherwise please
click here for more information, as then it is likely a 10 years ban from the date you became legal.