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UK_Lawyer, Solicitor
Category: UK Immigration Law
Satisfied Customers: 2458
Experience:  I am a qualified solicitor and an expert in UK law.
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Hi, I and my wife have held ILR for 14 months now and am looking

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Hi, I and my wife have held ILR for 14 months now and am looking to apply for naturalisation. Query is that when we applied for ILR, unfortunately our passports were returned initially due to the form not being correct. Our passports were returns after our leave to remain had expired. While we were allowed by UKBA to apply for ILR again and we were grated that satisfactorily, I wonder if the fact that we were here without a leave to remain can be interpreted as being in breach of Immigration Law. Also, is this likely to be an issue if we apply for naturalisation?

As a way of background information, I've been here for 10 years now, 5 years prior to me getting ILR were mainly Tier 1 General. My wife was here for 4 years now, 3 yeas prior to her getting ILR.
Hi thank you for your question. Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE so I can get credited for my time.

The fact that the home office granted you indefinite leave to remain, clearly states that they have over looked any period after your passports were returned and issued you with indefinite leave to remain. Had the home office deemed you overstayers when you applied for indefinite leave to remain they would not have granted you your visa.

Therefore, in your current situation you are able to apply for naturalisation and would not have to worry about being in breach of the Immigration Rules.

I hope this answers your question if so kindly rate my answer positively so I can get credited for my time. If however you feel that the answer does not cover all the points raised in your question please DO NOT rate my answer negatively I will be happy to answer further question until you are satisfied with my answer.

Kind regards
UK_Lawyer and other UK Immigration Law Specialists are ready to help you
Customer: replied 4 years ago.

That's really helpful and appreciate it. I have an additional question in the same regard but will raise it sepratly to be fair.

Thank you for your positive rating.

Kind regards