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Thomas
Thomas, Solicitor
Category: UK Immigration Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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i came to uk 2001, my dad his a british citizen, he applied

Resolved Question:

i came to uk 2001, my dad his a british citizen, he applied for settlement for me i was refused 2003 i appealed it was refused... in 2011 i as granted ILR out of immigration law. can i apply for a british passport now? or do i have to wait 3 or 5 years
Submitted: 1 year ago.
Category: UK Immigration Law
Expert:  Thomas replied 1 year ago.
Hi,

Did you have leave to remain before you got ILR in 2011?

If so, when did you first get leave to remain prior to getting ILR?

Tom
Customer: replied 1 year ago.

No, i entered the uk illegally without a visa 2001. my dad took me to home office croydon to let them know the situation.. and applied for my leave to remain which was refused 2003... 2011 HO wrote me a letter i should fill in a form and send my passport, passport photograph or my birth certificate.. i sent my passport photograph and my bc. because i dont have my country passport... 2weeks later HO granted me a PERMANENT ILR out of immigration law. i received my ILR in a a4 paper with my endorsement

Expert:  Thomas replied 1 year ago.
Hi

Thanks for your patience.

You need to apply to be naturalised as a UK citizen prior to making an application for a passport. Once naturalised you will be able to obtain a passport but you cannot get one until you are naturalised.

You will need to meet the requirements on the following page in order to be eligible to apply for naturalisation unless you are married to a UK citizen:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/eligibility/naturalisation/standardrequirements/
In particular you should note the residential requirement as to any time you have spent out of the country and make sure that you have not spent over the amount stipulated.

You will note that the requirement is that you must have been in the UK for 5 years. However, you will also not that you must not have been in breach of the immigration rules during this time.

You were technically in breach of the immigration rules whilst you were illegal. If you did not get leave to remain because you simply went from being illegal to having ILR then the date at which you ceased being in breach of the immigration rules will be the date that you were given ILR. Therefore, you would have to spend 5 years in the UK from the date that you were given ILR before you are eligible to apply for naturalisation.

Once you have completed your 5 years you will have to apply by completing the UKBA’s Form AN. Here is the link to the page with the form and guidance notes on completing it and what documents you will need to submit with your application:-
http://www.ukba.homeoffice.gov.uk/britishcitizenship/applying/applicationtypes/naturalisation/

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Kind regards,


Tom

Thomas, Solicitor
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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