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Annex B: The residence requirements wrote:consideration of an application for indefinite leave to remain, made more than 15 months before the citizenship application, had been protracted through no fault of the applicant, providing ILR was eventually granted

As I have been told by the Immigration and Border Policy Directorate that my application for ILR which took 7 months and 7 days is not protracted......!!!!!!

BCMN1 wrote:Thanks Amber:

I think I have to take a chance and apply with a copy of the said provision and hope for the best.

Cheers

UKBA Nationality wrote:
Our service standards, as detailed on our website, states that 95% of postal settlement applications will be decided within six months. Applicants therefore have a legitimate expectation that their application will take 6 months to decide.

http://www.ukba.homeoffice.gov.uk/visas ... tingtimes/

Applications that take longer than this, where the delay was outside of the persons control, will be considered under Chapter 18 Annex B para 7.5 (g) when an application for British citizenship is made.

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D4109125 wrote:

BCMN1 wrote:Thanks Amber:

I think I have to take a chance and apply with a copy of the said provision and hope for the best.

Cheers

Email NationalityPolicyTeam.Liverpool@homeoffice.gsi.gov.uk and ask "if an ilr application took longer than 6 months and the delay was no adult of their own, will that application be considered under chp 18, annex b, 7.5(g), thus allowing the applicant to apply after 15 months since being issued ILR, so far as the applicant meets the other standard requirements?"

Post the response on here and if supportive, as Vinny says, pop it in with your application.

UKBA's internal wordings: Chapter 18 Annex B, Section 7.5(g) is complicated and needs to be revised.

But who will revise it? It needs to taken on a much higher level than this forum and need to be fought so that people like you don't suffer.

Thank you for your further enquiry regarding the requirements for naturalisation as a British citizen under section 6(1) of the British Nationality Act 1981. You specifically refer to the requirement to have been free of immigration time restrictions on the date of application and for the preceding 12 month period.
As previously explained, the Secretary of State does have the discretion to disregard immigration time restrictions in the final 12 months if, consideration of an application for indefinite leave to remain, made more than 15 months before the citizenship application, had been protracted through no fault of the applicant, providing ILR was eventually granted. This policy is covered in Chapter 18 Annex B paragraph 7.5 (g) of the Nationality guidance.
Our service standards, as detailed on our website, states that 95% of postal settlement applications will be decided within six months. Applicants therefore have a legitimate expectation that their application will take 6 months to decide.

http://www.ukba.homeoffice.gov.uk/visas ... tingtimes/
Applications that take longer than this, where the delay was outside of the persons control, will normally be considered under Chapter 18 Annex B paragraph 7.5 (g) when an application for British citizenship is made. However, as detailed in my previous correspondence to you, neither of your applications for Indefinite Leave to Remain can be considered to have been protracted, as referred to in Chapter 18 Annex B paragraph 7.5(g) of the nationality guidance. Both of your ILR applications were considered in accordance with the Immigration Rules and the appropriate decisions were reached by the deciding officer. The fact that discretion was exercised in your second application does not indicate that the first decision was incorrect in any way.
In conclusion, when applying for British citizenship under section 6(1) of the 1981 Act you must ensure that you can fulfil the requirement to have been free of immigration time restrictions for 12 months beforehand. An application received before 7 February 2014 is therefore unlikely to be successful.

Regards

Mrs C R

Dear Mrs. R,

Once again thank you for your prompt reply.

With due respect your statement is contradictory.

From paragraph 2 & 3 in your email below:

(i) "the Secretary of State does have the discretion to disregard immigration time restrictions in the final 12 months if, consideration of an application for indefinite leave to remain, made more than 15 months before the citizenship application, had been protracted through no fault of the applicant, providing ILR was eventually granted".
(ii) "Applications that take longer than this, where the delay was outside of the persons control, will normally be considered under Chapter 18 Annex B paragraph 7.5 (g) when an application for British citizenship is made".

&

"However, as detailed in my previous correspondence to you, neither of your applications for Indefinite Leave to Remain can be considered to have been protracted, as referred to in Chapter 18 Annex B paragraph 7.5(g) of the nationality guidance".

My application for Indefinite Leave to Remain made on 4 July 2012 and decision made on 7 Feb 2013 took 7 months and 7 days to be precise 218 days on the day of decision and 222 days when the decision was received by me. i.e: 7 months and 12 days, is this not protracted as per UKBA service standards?

In the approval letter for ILR received there is nowhere mentioned in the letter that I have been granted Indefinite Leave to Remain either exceptionally or discretion was exercised or outside Immigration rules.

I am sorry to bother you but I have never been in breach of Immigration rules or stayed unlawfully in the United Kingdom(please see my letter to ILR case worked dated 17 Dec 2012 for your reference). I hope copy of this letter clarifies my position.

I have also taken this matter to my MP to not only clarify my position in terms of "said, 62 days gap" and general clarification on Chapter 18, Annex B, 7.5(g) of BNA 1981.

I am much appreciated for your kind assistance and prompt responses.

Yours sincerely,