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Ilr To Naturalisation

Legacy or 14 yrs long reside Confused in Need of Help !!

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#1 technoman

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Posted 28 June 2012 - 12:59 PM

Hi forum,
I need your advice as my case was very complicated when I finally got granted last Oct ILR and it was not short of a miracle when this has happened.
I will summarise my story in bullets to make it easier to read.
  • 1995 entered Uk and claimed asylum
  • 1995 got married and held 5 year residency to an EEA national
  • 1998 marriage break down due to wife leaving the uk
  • 2002 ILR was refused- solicitor applied for reconsideration of old asylum application, home office approved it but it was refused with the right to appeal for failing to attend interview. I was gone underground until 2009 fearing deportation (later found out through SAR in 2011)
  • 2009 became a legacy case, and once again home office claimed I failed to attended 2 interviews despite notifying them of change of address
  • August 2011 made an application for ILR on the basis of long residency 14yrs (partly lawful)
  • Oct 2011 granted ILR to remain not knowing on what basis
  • On last Tuesday 26 of June,due to the fact my previous representative being away from Uk, I consulted a new solicitor who called home Office pretending to be me and gave my reference no, date of birth and my home address to the officer who confirmed It was on the basis of the 14 yr rule
  • First and according to him I should wait 5 years but retracted and said that I have 50/50 chance to apply for naturalisation under the 12 month rule for citizenship as i was not entirely illegal for 14 years and I was on legacy prior to being granted- Upon calling him again today I got confused when I rang him this morning to say I requested my SAR yesterday for me to be more sure if the the enquiry officer had access to my case in view but he now told me not to waste my time since the long residency don't stand a chance for naturalisation. I asked if I could contact the Home Office to ask he also said they won't tell me anything.
My question is, is it possible for me to apply based on the fact that I was a legacy case prior to granting me as there's nothing on my HO document that says on what basis !!! I kinda had my suspicions from the sort of docs they've returned to me the long residence file, incomplete ofcourse minus all my certificates such as (ESOL, CITY and GUILDS and OCR).

Could it be possible to check and confirm on the phone on what basis I was allowed to stay? Can I go ahead and apply and hope they will see that my case was different? legacy and L.R applications combined into one? I am not complaining I am very very grateful and consider myself very lucky considering the new rules taking effects on July 9th. I just don't want to sit and think there is no use trying, I just don't want to live with a doubt...

I appreciate any advice I could get from you decent and honest people. Thank you !



#2 Victoria

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Posted 28 June 2012 - 02:28 PM

It is discretionary. They are usually approved. The SAR is a good idea, and you need to wait until October.

#3 technoman

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Posted 28 June 2012 - 05:22 PM

Thank you Victoria, deep down inside me I always know there is something like that. You really give sound advice and care! The truth is, even if they won't approve it I will still cherish my ILR status I hold now and tbh, there is no country in the world that is as tolerant and as fair as the UK and that is from what I experienced in the past.
I am very grateful the to this country that did not turn its back on me and after 17 years of residency without a single brush with the law (touch wood) in a country that I hold so dear in my heart,
I cannot complain if they do not approve it, I would be disappointed for sure but not angry. Thank you and God bless you Victoria and by the way would you be interested in taking my case around that time or do you think I would not need a solicitor for this kind of application? Thank you :licking:

#4 Victoria

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Posted 28 June 2012 - 09:20 PM

I'd be happy to take the case and I think having legal representation is a good idea.

#5 technoman

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Posted 28 June 2012 - 11:22 PM

Thank you, I will get in touch with you shortly before October Victoria. I will also email you soon as soon as I receive my SAR...




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