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Hi All,

One of my acquaintance applied for ILR after completing 5 years. He went in person. Once he was confirmed he has been granted ILR the case worker told him he is eligible for Citizenship. He applied and was granted citizenship. All within 3-4 months. Not sure how he got it.

He arrived into UK on WP, then changed to HSMP after 2 years until he applied.

Any ideas why he was granted without completing the 12 months of being granted ILR?

thanks.

hionesecond wrote:Hi All,

One of my acquaintance applied for ILR after completing 5 years. He went in person. Once he was confirmed he has been granted ILR the case worker told him he is eligible for Citizenship. He applied and was granted citizenship. All within 3-4 months. Not sure how he got it.

He arrived into UK on WP, then changed to HSMP after 2 years until he applied.

Any ideas why he was granted without completing the 12 months of being granted ILR?

thanks.

Is he married to a BC?

osteophytes wrote: Is he married to a BC?

That's the most obvious reason. A person married to a British citizen (or in a civil partnership with a British citizen) only needs to have no time limit on his or her stay in the UK (i.e. ILR in this case) on the day the application for naturalisation is made, not for a full year. So, such a person could gain ILR on Thursday and apply for naturalisation on Friday, provided that all the other criteria for naturalisation were met.

No, he is married but not to a BC. His wife is still a Indian national and they married very recently.

ILR deemed backdated by one year due to HSMP Forum judicial review (settlement in the United Kingdom)?

vinny wrote:ILR deemed backdated by one year due to HSMP Forum judicial review (settlement in the United Kingdom)?

No, don't think so. He came to UK in 2006 on a WP, changed to HSMP after 2 years until he got ILR. Can't find any reasoning for this.

Was it luck, by chance?

hionesecond wrote:

vinny wrote:ILR deemed backdated by one year due to HSMP Forum judicial review (settlement in the United Kingdom)?

No, don't think so. He came to UK in 2006 on a WP, changed to HSMP after 2 years until he got ILR. Can't find any reasoning for this.

Was it luck, by chance?

Well, anything is possible, but it seems most unlikely that both his case worker in the immigration section and the nationality people would have made the same mistake...

Why won't you just ask him?

@hionesecond .There is a possibility that he might have got lucky.
I am happy for him.

Hi

I could not find any document saying; to get citizenship you need to be on ILR for 1 year.

Each document says if you stayed here for 5 years, you can apply.

There might be 1 year ILR waiting only for whom who got ILR after 4 year of HSMP.

As of now all new Tier 1 applicant have to have 5 yrs stay to get ILR and same time you required 5 yrs to apply citizenship. So your friend did good thing applied ILR in person and then soon put citizenship req...

Well this is only my research, I am not sure whether I am right or wrong…

I think you have missed to notice the following:

Immigration time restrictions
You must be free from immigration time restrictions when you apply for naturalisation. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period

This clearly shows wait time of 12 months on ILR before one can make an application for Citizenship.

nfornv wrote:Hi

I could not find any document saying; to get citizenship you need to be on ILR for 1 year.

Each document says if you stayed here for 5 years, you can apply.

There might be 1 year ILR waiting only for whom who got ILR after 4 year of HSMP.

As of now all new Tier 1 applicant have to have 5 yrs stay to get ILR and same time you required 5 yrs to apply citizenship. So your friend did good thing applied ILR in person and then soon put citizenship req...

Well this is only my research, I am not sure whether I am right or wrong…

Please read FAQs before posting if you are not sure

Jambo wrote:Why won't you just ask him?

He too doesn't know..

hionesecond wrote:

Jambo wrote:Why won't you just ask him?

He too doesn't know..

Ask him to check his ILR date on his vignette. He probably got (mistakenly?) his ILR backdated.

hionesecond wrote:

Jambo wrote:Why won't you just ask him?

He too doesn't know..

of course he knows, when he applied he need to fill the forms and tick boxes and fill them so he sure know which one he was applying for and what he needs ( Docs ). then at NCS .. etc ..

but only why he does not what you to know. i just cant answer that .

jommy999 wrote:

hionesecond wrote:

Jambo wrote:Why won't you just ask him?

He too doesn't know..

of course he knows, when he applied he need to fill the forms and tick boxes and fill them so he sure know which one he was applying for and what he needs ( Docs ). then at NCS .. etc ..

but only why he does not what you to know. i just cant answer that .

Not necessarily – some of the provisions are pretty arcane, and not everyone (even those involved in the process) take a deep interest in the minutiae. Also, if it is a mistake, he won't know, since there is nothing to know. But he might not know if it's a mistake or not.