Immigrationboards.com

Hiya folks,

Quick Question:
If ILR was granted on the 10 years residence rule but the application was made on the 12th year of legal residence in the UK.
Do you think the discretion (quoted below) in Chapter 18 of the nationality instuction will be applicable for naturalisation?

Discretion to disregard immigration time restrictions in the final 12 months may normally be exercised if:

a. at the date of application, the applicant has had less than 12 months free of conditions but has been free of conditions for more than 12 months by the time the application is considered, provided the other requirements are met;

Android55 wrote:Hiya folks,

Quick Question:
If ILR was granted on the 10 years residence rule but the application was made on the 12th year of legal residence in the UK.
Do you think the discretion (quoted below) in Chapter 18 of the nationality instuction will be applicable for naturalisation?

Discretion to disregard immigration time restrictions in the final 12 months may normally be exercised if:

a. at the date of application, the applicant has had less than 12 months free of conditions but has been free of conditions for more than 12 months by the time the application is considered, provided the other requirements are met;

That discretion is not relevant to your circumstances if you were only recently granted ILR. When did you apply for ILR and when did you get a decision?

Hiya,

Thanks for the response....

Applied for ILR september 2012, granted ILR May 2013.

D4109125 wrote:

Android55 wrote:Hiya folks,

Quick Question:
If ILR was granted on the 10 years residence rule but the application was made on the 12th year of legal residence in the UK.
Do you think the discretion (quoted below) in Chapter 18 of the nationality instuction will be applicable for naturalisation?

Discretion to disregard immigration time restrictions in the final 12 months may normally be exercised if:

a. at the date of application, the applicant has had less than 12 months free of conditions but has been free of conditions for more than 12 months by the time the application is considered, provided the other requirements are met;

That discretion is not relevant to your circumstances if you were only recently granted ILR. When did you apply for ILR and when did you get a decision?

you probably can try against7.5(g) in Dec 2013 but again it's a discretion I don't know what satisfies the condition of 'protracted' application in this context. You can argue Sep12-May13 was indeed long time for a decision.

ban.s wrote:you probably can try against7.5(g) in Dec 2013 but again it's a discretion I don't know what satisfies the condition of 'protracted' application in this context. You can argue Sep12-May13 was indeed long time for a decision.

More than 6 months will more than likely be viewed as protracted. Though, it must not be the applicant's fault. In any case it will only mean the op can apply 5 months early. I would consider waiting until the op has had ilr for 12 months, unless, the spouse or civil partner of a British Citizen

Android55 wrote:Hiya folks,

Quick Question:
If ILR was granted on the 10 years residence rule but the application was made on the 12th year of legal residence in the UK.
Do you think the discretion (quoted below) in Chapter 18 of the nationality instuction will be applicable for naturalisation?

Discretion to disregard immigration time restrictions in the final 12 months may normally be exercised if:

a. at the date of application, the applicant has had less than 12 months free of conditions but has been free of conditions for more than 12 months by the time the application is considered, provided the other requirements are met;

Earliest you can apply is March 2014 but it wont be a straight forward application as it depends on HO caseworker. And best is to wait 1 year. 10 years rules has nothing to do whether applicant apply under 9 years 3 days or after 17 years. Rules is minimum 10 years residency. Same for British passport if someone apply 10 years after ILR that doesnt mean applicant can get benefits out of it or quick decission, thank you.

teawithlemon wrote:

Android55 wrote:Hiya folks,

Quick Question:
If ILR was granted on the 10 years residence rule but the application was made on the 12th year of legal residence in the UK.
Do you think the discretion (quoted below) in Chapter 18 of the nationality instuction will be applicable for naturalisation?

Discretion to disregard immigration time restrictions in the final 12 months may normally be exercised if:

a. at the date of application, the applicant has had less than 12 months free of conditions but has been free of conditions for more than 12 months by the time the application is considered, provided the other requirements are met;

Earliest you can apply is March 2014 but it wont be a straight forward application as it depends on HO caseworker. And best is to wait 1 year. 10 years rules has nothing to do whether applicant apply under 9 years 3 days or after 17 years. Rules is minimum 10 years residency. Same for British passport if someone apply 10 years after ILR that doesnt mean applicant can get benefits out of it or quick decission, thank you.

The earliest, if relying on 7.5(g) would be December 2013 not March 2014 subject to the OP satisfying the other standard requirements.