Application for naturalization (after getting ILR under HSMP

[titas]

Please note I have been granted ILR on 08th July 2010 under HSMP JR which is effective from 06th April 2010 as my 1st arrival in the UK was on 6th April 2006. However I am in a complicated situation to apply for my citizenship which is as below:

1. In a typical situation I am eligible to able to apply for my naturalization on / after 06th of April

2. But due to the change of regulations I had to go back to my country and stayed out of UK for 855 days. However after the implementation of Judicial Review I came back to UK . I must mention here my absence was due to the regulation change and as per JR those days of absence was counted as the qualifying time for my residency. Other than the absence of 855 days I do satisfy all other requirements for naturalization. Now my question is:

Am I eligible to apply for naturalization now? – PLEASE PLEASE HELP

[titas]

Some one please help me

[geriatrix]

I am a naturalized citizen

Anyhow,

Please note I have been granted ILR on 08th July 2010 under HSMP JR which is effective from 06th April 2010 as my 1st arrival in the UK was on 6th April 2006. However I am in a complicated situation to apply for my citizenship which is as below:

1. In a typical situation I am eligible to able to apply for my naturalization on / after 06th of April

2. But due to the change of regulations I had to go back to my country and stayed out of UK for 855 days. However after the implementation of Judicial Review I came back to UK . I must mention here my absence was due to the regulation change and as per JR those days of absence was counted as the qualifying time for my residency. Other than the absence of 855 days I do satisfy all other requirements for naturalization. Now my question is:

Am I eligible to apply for naturalization now? – PLEASE PLEASE HELP

AIUI, HSMP JR legal cover ends at the point of settlement.

Whether UKBA will ignore your "actual physical absence from UK" and consider that time "as spent in the UK in light of HSMP JR judgement" when assessing your eligibility for naturalisation may be subject to many factors -
1. UKBA's view on the matter,
2. scope of JR judgement (whether it affects how the affected migrants will be assessed at the time of naturalisation application), and
3. that British Nationality Act (under which naturalisation applications are considered) is a different act / law altogether from the Immigration Act (under which immigration applications are assessed).

I don't think UKBA nationality helpline will of any use if you enquire with them but there's no harm in trying your luck. Consider consulting a competent solicitor for further advice on the matter.

IMHO ....

[geriatrix]

FOI news - HSMP migrants who left UK and returned under JR

I am now aware that some (naturalisation) applications by such migrants (HSMP migrants who had to leave UK but returned after the JR judgement) have been approved while some have been refused.