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Naturalisation-Less than 12 Month of ILR

Posted: Thu Dec 12, 2013 3:10 pm
by dela77
I hope I could get a clarification on this issue or if there is somebody who has a similar issue to share with me.

I Applied for my ILR on 29/08/12 under the 10 year rule.
I was granted ILR on 7 May 2013.
I went to make my Naturalisation application through NCS today, but I was told that I didn't qualify. So I mentioned to them that I am invoking the "Discretion to Disregard Immigration Time Restriction in the final 12 Months" be exercised since I applied for ILR 15 months ago and my application was delayed due to no fault of mine. The NCS telephoned the UKBA but UKBA insisted I still have to wait till May 2014 to make a valid application for Naturalisation. I proceeded with the application any way but my question
is how is section 7.5 (g) of the Residence Requirements interpreted?
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Has anyone in forum attempted this before? Is my application valid?
In fact the NCS lady told me she fears am going to loose my application fees since the UKBA guys know better and once they said I didn't qualify I should take their advice, but when I asked her to tell me the meaning of section 7.5(g) of the Residence Requirements, she just couldn't

Folks what should I do, withdraw application? Your comments are welcomes. Thanks
:arrow:

Re: Naturalisation-Less than 12 Month of ILR

Posted: Thu Dec 12, 2013 3:29 pm
by mrbeef
dela77 wrote:I hope I could get a clarification on this issue or if there is somebody who has a similar issue to share with me.

I Applied for my ILR on 29/08/12 under the 10 year rule.
I was granted ILR on 7 May 2013.
I went to make my Naturalisation application through NCS today, but I was told that I didn't qualify. So I mentioned to them that I am invoking the "Discretion to Disregard Immigration Time Restriction in the final 12 Months" be exercised since I applied for ILR 15 months ago and my application was delayed due to no fault of mine. The NCS telephoned the UKBA but UKBA insisted I still have to wait till May 2014 to make a valid application for Naturalisation. I proceeded with the application any way but my question
is how is section 7.5 (g) of the Residence Requirements interpreted?
http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Has anyone in forum attempted this before? Is my application valid?
In fact the NCS lady told me she fears am going to loose my application fees since the UKBA guys know better and once they said I didn't qualify I should take their advice, but when I asked her to tell me the meaning of section 7.5(g) of the Residence Requirements, she just couldn't

Folks what should I do, withdraw application? Your comments are welcomes. Thanks
:arrow:
Hi dela77,

I would advise you to wait till May 2014. A friend of mine got refused because he decided to go against the advice of NCS in London. £874 is a lot of money to lose especially close to xmas .

Posted: Thu Dec 12, 2013 3:31 pm
by akhan25
Well as u mentioned urself that u applying on discretion so its upto them time will tell whther they applying discretion on ur case or not. Hope for the best prepare for the worst.

Posted: Sat Dec 14, 2013 10:47 am
by dela77
Thanks guys for your comments. But I would take my chances. I have spoken to a couple solicitors and they confirmed that my application is valid under the discretionary rule for naturalisation.
All I needed is if somebody in this forum has attempted this before and what was the outcome.

Posted: Sat Dec 14, 2013 11:51 am
by Amber
See, here (click) for a recent success.

Posted: Sat Dec 14, 2013 12:51 pm
by dela77
Thanks Amber_