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Naturalisation After 1 Year For Those Granted Ilr Under Legacy


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#21 Ramsay10

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Posted 17 December 2009 - 12:52 AM


...and then again this is an IND document and not UKBA. Is this from the old immigration and nationality directorate? If so, it may no longer apply as this could have been done away with and replaced by UKBA's updated version.



You are right that look like old rules .seem like phoney to me .hey gezimalia can you show us your source of this information cause is not on UKBA website .



http://www.ind.homeo...ns/nichapter18/

Anex B The residence requirements



#22 twin

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Posted 02 January 2010 - 12:00 AM

The clause in this is the RECONSIDERATION bit. A case has been reconsidered to me means that after a decision was made to refuse the application, the applicant sent further representation to the home office and the home office then decided to grant leave based on the fresh evidence...???

#23 muchib

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Posted 02 January 2010 - 09:42 PM

chapter 18 discretion on naturalisation is on UKBA just checked. I HAV made appt with my solicitor got to try this out



#24 muchib

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Posted 03 January 2010 - 12:51 AM



hi
so does this mean that everyone who was granted outside immigration rules can now apply for citizenship even if they applied at the port or in country application????



absconders have to wait 5 years, stilll


thanx moonlight. how about if you had overstayed and then claim asylum and kept reporting from the time u made the asylum claim and got ILR.? can you get the descretion???



i think the 5 year requirement still stands only the breach of immigration rule requirement during the 5 year period will be waived.

#25 Ramsay10

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Posted 03 January 2010 - 01:23 AM




hi
so does this mean that everyone who was granted outside immigration rules can now apply for citizenship even if they applied at the port or in country application????



absconders have to wait 5 years, stilll


thanx moonlight. how about if you had overstayed and then claim asylum and kept reporting from the time u made the asylum claim and got ILR.? can you get the descretion???



i think the 5 year requirement still stands only the breach of immigration rule requirement during the 5 year period will be waived.



what do u mean? if u breached immigration rule like not reporting will be waved as ignored?? as long as u been here for 5 years??

#26 jimquk

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Posted 04 March 2010 - 08:38 PM

Can anyone clarify what the situation is now? My reading of the rules from the link given is that normally time spent "in breach" should be counted as legal residence if subsequently there is a grant outside the rules. They don't have to, but if they "should normally exercise discretion" they would have to justify not doing so.

I have a friend who was advised by a CAB last year that she could apply for BC, a year after ILR outside the rules and five years after applying for asylum. She was refused, as far as I know (I haven't seen the papers) because her period on TA was not counted as legal residence (she applied in-country). Naturally, her fee was not refunded.

If the rules have been changed, what do we think would be the prospects of re-applying and asking for a fee waiver? And what about the liability otherwise of the CAB - apparently they have admitted verbally that they gave wrong advice, but when she asked for a copy of the advice given her (she lost her own copy) they couldn't find it.

Any suggestions, apart from the obvious see a solicitor (I already told her that) would be very welcome!

#27 karwan1

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Posted 19 March 2010 - 04:41 PM

Why there is no an update on this subject guys, this is really a very important topic to everyone who is on the legacy case system, particularly who already granted ILR, hopefully everybody will get ILR eventually, the point is, this is important to know when you could apply for BC after the legacy case, this will surly make lots of difference to many people lives ...

#28 Adam1987

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Posted 13 April 2010 - 06:09 PM

chapter 18 discretion on naturalisation is on UKBA just checked. I HAV made appt with my solicitor got to try this out



Got any news? Did you apply? I'm on the same boat, had ILR for 2 years, but 2 years before ILR I was illegal

Edited by Adam1987, 13 April 2010 - 06:10 PM.


#29 ALG

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Posted 19 October 2010 - 03:48 PM

any updates on this topic?




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