the residential qualifying period

[salim1998]

My wife got ILR inline as my dependent under legacy, I was the main applicant at the time when I claimed back in 1998, however she never claimed asylum or anything since she came to the UK back in 2006, she came illegally to join me, we were all granted ( family with kids ) more than a year ago.
Now we're gathering documents and we're struggling to find any proof of her residence in the UK since she never had status before, never claimed and she never had anything official until she got granted with us.


the big question is, does she meet the residential qualifying period and how can we prove it, by the way she came to the UK in 2006 and our first kid was born the same year. She has passport endorsed with ILR but again it doesn't show that she entered the UK or left, he passport was issued more than 5 years ago back home.
Cheers

[John]

It is not just a question of being physically in the UK. It is necessary to be "legal" in the UK throughout the qualifying period, and based upon what you have posted she only became "legal" from the date the ILR was issued.

As regards yourself you have posted insufficient information to determine when you became "legal" in the UK, and thus when you might apply for Naturalisation.

Even if you can apply now, I can't see how your wife can apply with you. The best would be for you to proceed to apply, and assuming you become a British Citizen, your wife will be able to apply three years after getting her ILR.

[salim1998]

I was on the legacy program for those who applied asylum and with huge backlog they solved our cases, many friend of mine got their naturalization who were on legacy as discretion was applied for the residential qualifying period.
My wife was granted because I included her at a later stage in the legacy process and she was granted ILR in line. I hope this clears the case a bit i you have anything to add. cheers

[John]

As regards yourself, when did you apply for asylum? Immediately on arrival in the UK, or when?

For your wife, my opinion has not changed.

[salim1998]

I applied back in 1998, not immediately on arrival, but couple of days after when i had the opportunity, would that make any difference?

Residential requirements

To demonstrate the residential requirements for naturalisation, you must have:

* been resident in the UK for at least five years (this is known as the residential qualifying period); and
* been present in the UK five years before the date of your application; and
* not spent more than 450 days outside the UK during the five-year period; and
* not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
* not been in breach of the Immigration Rules at any stage during the five-year period.

where does it state that my wife must have been legal, I know the last clause says someting about not breaching the rules, but can't the HO apply some discretion in our case,


http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

look at :

8.8 paragraph 2 and 4 schedule 1 to the 1981 act ...



cheers

[John]

I was actually going to refer that UKBA document to you. For you I suggest you read from 8.7 to see if you are likely to have their discretion exercised in your favour.

But for your wife, who made no application to UKBA apart from applying for ILR under your legacy, I would be very surprised if UKBA exercised their discretion in her favour.

After all, for example for you, there is something for UKBA to latch on to and ask themselves ..... was this person legal or illegal ? ..... but for your wife there is nothing like that.

Of course others may have a different opinion, and please do post, but from where I am sitting, you should apply first, and assuming that is granted, your wife should apply when she has had ILR for 3 years.

[salim1998]

I contacted a solicitor, I was told that it is on the discretion of the Secretary of the state, please share whatever you have, otherwise i will let you know guys, all I know for sure is that people who were on Legacy like me were granted some even before 12 months of their ILR, may be because the grant was outside immigration rules ? but whether my wife would fall or not...that's the question, by the way if we all submit as joint claim, and if they refuse her, does it mean i will be refused too ?

[salim1998]

anyone could please tell me how hard it is to submit the naturalization application by myself with the discretion request , do I need to point out to a certain paragraph or do I need just to write a supporting letter in order to get the discretion applied, I am just looking at the best way to do it myself