jitu_2677 wrote:Guys let koko may not be wrong in 1 sense. let me give you some more info,
7.5 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; or
b. a time limit was imposed inappropriately on return to the UK after
a visit abroad, and the applicant subsequently demonstrates
eligibility for returning resident status or entitlement to an
exemption under s.8(2), 8(3) or 8(4) of the Immigration Act
1971, as amended by s.4 of the Immigration Act 1988 (see
paragraph 9.1 below) – NB. Special considerations apply where
to applicants in the British Armed Forces who may be exempt
under s.8(4)(a) (see Annex B(i)); or
c. the period of limited leave was less than 10 days at the
beginning of the 12 month period before the date of application;
or
d. the period of limited leave was between 10 and 90 days at the
beginning of the 12 month period, if other statutory requirements,
including the other residence requirements, are met and the
applicant has demonstrated established links through the
presence here of home, family and a substantial part of estate;
or
e. the period of limited leave was more than 90 days at the
beginning of the 12 month period, and the other statutory
requirements, including the other residence requirements, are
met, only if :
i. the applicant has established links with the UK through
presence here of home, family and a substantial part of
estate, and
ii. there are compelling business or compassionate reasons
to justify granting the application now; or
f. the period of limited leave exceeded 10 days at the beginning of
the 12 months period, and the other statutory requirements,
including the other residence requirements, are not met, only in
the most exceptional circumstances and if the criteria at e. above
are met; or
g. 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 can include applications for
asylum which have resulted in the grant of ILR (you should note
that any asylum cases granted on or after the 30 August 2005
will not result in ILR, applicants will instead be given limited
leave) ; or
h. an application for asylum or leave to remain was refused but
later acknowledged to be an incorrect decision and the
appropriate leave granted and had the correct decision been
made at the outset, the applicant could have applied for ILR
earlier and met this requirement on the date of consideration
NB. In the case of applicants in categories 7.4.e and 7.4.f
above: If information has not been provided to indicate
that there are any special grounds to justify the exercise of
discretion, we should assume that no special
circumstances exist and consider the application on the
basis of the information available (i.e. there is no need to
send a Residence Questionnaire).
there are 8 exception in total. Have a look C, D, E, F and make your comments.
I do feel Let koko is too optimist but I also saw the following British nationality Act 1981:
http://www.legislation.gov.uk/ukpga/1981/61/schedule/1
Paragraph 1 explains the requirements. 1(2)(c) clearly says you need this 12 moths period free from immigration requirements. However in the Paragraph 2, it says they can ignore it all if they want to:
If in the special circumstances of any particular case the Secretary of State thinks fit, he may for the purposes of paragraph 1 do all or any of the following things, namely—
(a)treat the applicant as fulfilling the requirement specified in paragraph 1(2)(a) or paragraph 1(2)(b), or both, although the number of days on which he was absent from the United Kingdom in the period there mentioned exceeds the number there mentioned;
(b)treat the applicant as having been in the United Kingdom for the whole or any part of any period during which he would otherwise fall to be treated under paragraph 9(1) as having been absent;
(c)
disregard any such restriction as is mentioned in paragraph 1(2)(c), not being a restriction to which the applicant was subject on the date of the application;
(d)treat the applicant as fulfilling the requirement specified in paragraph 1(2)(d) although he was in the United Kingdom in breach of the immigration laws in the period there mentioned;
(e)waive the need to fulfil [F2either or both of the requirements specified in paragraph 1(1)(c) and (ca)] if he considers that because of the applicant’s age or physical or mental condition it would be unreasonable to [F3expect him to fulfil that requirement or those requirements] .
This (particularly (c)) tells me that other than the 5 (or 3) years requirement, any other requirement is actually up to the case worker's discretion. They can ignore 12 months rule completely or do whatever they want with the rest of the requirements. I do not know however, if or why they will use this discretion.
It will be interesting to see what Let Koko gets for his brave (mad?) attempt. I would welcome any input from the fellow members.
