Citizenship query

[fazzfazz]

Hi
I have ILR granted in june 2015 after completion of 6 years of discretionary leave. First in jan 2012 then second one in april 2012. Can i apply for naturalisation/citizenship now or next year ? I work here and have 2 british passport holder children. My mariage to a british citizen resolved in 2013.

I will appreciate any advise from an expert.

Kind regards

Fazzfazz

[fazzfazz]

Sorry i meany second one was granted in april 2015.

[fazzfazz]

Sorry for the confusion first one was granted in jan 2009 n second one in april 2012. So i have done 6 years. ILR has just been granted in june 2015.

Please advise me if i can apply for naturalisation based on rules prior to change came in july 2012.

Thanks

[CR001]

What rules changes in July 2012 relating to citizenship applications are you referring to? I don't recall any relating to citizenship at that time.

As you divorced from your British spouse? If so, you will unfortunately have to wait for a full 12 months on ILR before you will be eligible to apply for naturalisation.

[fazzfazz]

Thanks for your reply.

Discretionary leave to remain changed from 6 to 9 years in 2012.

Prior to this the rules were different for citizenship. Someone who were granted discretionary before 2012 would apply for citizenship soon after ILR had granted as they would have covered 6 years altogether. Is this statement correct ??

[CR001]

No, you are confusing the immigration rules with the Citizenship rules, they are different.

For a long time now, if you are married to a British citizen, you can apply for naturalisation if you have 3 years residence and ILR. There is no requirement to hold ILR for 12 months like with other visa to ILR routes, but you must have 3 years legal residence.

If you are divorced now, you don't have the right to apply as spouse of British citizens and will have to wait 12 months on ILR before you can apply.

[fazzfazz]

Ah ok thanks . Yea i get it . I appreciate your help.

[fazzfazz]

Hi again
I have been geting different answers so i thought i better ring home office nationality dept n guess what its got even more confusing.

They are saying evenyhough my initial.application was considered in 2009 i cannot apply for nationality until 2019 . I have ILR awarded in june 2015. I will still have to wait for another 4 years eventhough i have a private life here n have 2 british children who are 9 n 8 years old .

It seems v unfair . I have worked all of my life on a v good post for the past 15 years. Their BRITISH FATHER didnt care. As a mother i took all the responsibilities happily.

I do not feel secure to travel on a passport other than a british one . I havnt travelled for the past 15 years only because i wanted to get things sorted out first.

I have my mum n dad n all brothers n sisters who are british citizens .

Could some one please seriously look at this scenario and advice me ??

[CR001]

What was your immigration status from the date you arrived in the UK until you were granted Discretionary Leave to Remain?

I do not feel secure to travel on a passport other than a british one

HO will not be concerned about this, especially if you are in possession of a foreign passport, HO do not entertain emotions when it comes to citizenship applications, they apply the rules strictly. Citizenship is a privilege, it is not a right or entitlement.

[fazzfazz]

I was an over stayer. Got married in 2004 n put in an application for a visa in 2005 . Got discretionary in 2009. In between i had 2 children . My marriage fell.aparat n i started supporting my self n my children . Finally got divorced in 2013.

[geriatrix]

It is important to understand your immigration status before you were granted discretionary leave in 2009, because:

9.7 Evasion of immigration control
The decision maker will normally refuse an application if within the 10 years preceding the application the person has not been compliant with immigration requirements, including but not limited to having:
a. failed to report
b. failed to comply with any conditions imposed under the Immigration Acts
c. been detected working in the UK without permission

[fazzfazz]

I disagree with the last part .... it says been detected ?? Means if the person has been caught out working . Whereas in my case i disclosed everything to them by myself .

Secondly when did this law came into force ? If it came after 2009 how do i fall under this law ?

Thanks for your reply in advance xxx

[geriatrix]

You may disagree but that doesn't mean you are right!

Well, that bit comes from the British Citizenship Act, not immigration rules. It affects you because this law applies to everyone applying for citizenship since the day this came into effect ............. had you applied for citizenship in 2009 then this wouldn't have affected you. But you did/could not!

And, this bit of law talks of "not being compliant with immigration requirements", one of which (requirements, that is) is being present in the UK lawfully under some category of immigration rules. Were you (before 2009)?

Whether you were detected working illegally or whether you disclosed it to them is not the issue here!

[Wanderer]

The OP must recognise UK Citizenship is a privilege, not a right, and UK Gov.com can dictate the terms and you have no option to accept them. No ECHR here, just proper British fairness.

[fazzfazz]

Thanks for your help ....

Wanderer it would b better if u wrote the full words instead of codes that solicitors or immigration experts understand ?

Thanks for taking time and reply to my question.

[Casa]

ECHR = European Convention on Human Rights