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Citizenship application

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aix
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Citizenship application

Post by aix » Mon Oct 24, 2005 9:35 pm

I will soon be eligible to apply for British citizenship, and I would like to do it on the earliest possible date.

The facts:
1) The ILR sticker in the passport is dated 15 Dec 2004.
2) I've been in the UK throughout Dec 2000.

The question:
What is the earliest date I can hand in the paperwork to NCS?

-aix

John
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Post by John » Tue Oct 25, 2005 8:44 am

Certainly Thursday 15th December would be OK. That would mean, I think we should assume, that the NCS office will post it that day and therefore it will arrive at IND in Liverpool on 16th December.

Maybe a day earlier, but not sure about that.

When do you intend to take your Citizenship Test?
John

aix
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Post by aix » Tue Oct 25, 2005 7:14 pm

I agree that 15/12 would be a safe bet. However, I am wondering if 14/12 would be OK too. Anyone else has a view on this?

I am planning to sit the life in the UK test next week.

Kayalami
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Post by Kayalami » Wed Oct 26, 2005 9:54 am

IMHO submit 16th Dec or after.

aix
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Joined: Tue Sep 07, 2004 5:53 am

Post by aix » Wed Oct 26, 2005 7:04 pm

Thanks for the feedback Kayalami.
IMHO submit 16th Dec or after.
Out of curiosity, I would be interested to hear your logic behind this one.

Thanks

Joseph
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Post by Joseph » Wed Nov 02, 2005 1:28 pm

I agree with Kayalami. My rationale would be to be perfectly sure that there are no special conditions or exceptions to the rules. That way, the application has a greater chance of being fast tracked and getting approved in days or a few weeks.

In other words, waiting a couple of days could save months overall!

Joseph

John
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Post by John » Wed Nov 02, 2005 2:00 pm

Just looking at the technicalities here. Accordingly to the instructions issued to IND staff :-
not, at any other time in the 12 month period ending with the date of the application, subject under the immigration laws to any restriction on the period of stay in the UK
That is from Naturalisation, and in particular 18.2.1.2.e.

Now it could be argued that because ILR issued on 15.12.04 was not in force for the whole of that date that it would be unsafe to get the naturalisation application to IND to arrive on 15.12.05. That is, it should arrive at IND in Liverpool no earlier than 16.12.04, given that the date it arrives in Liverpool determines the date of application.

So I would still argue that posting the application, or going to a NCS office, on 15.12.05, so that it arrives the next day, does appear to meet that particular criteria.

But I also say .... why play it so close to the wire? Surely the odd day or two later would not make any real difference.
John

ppron747
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Post by ppron747 » Wed Nov 02, 2005 2:08 pm

aix wrote:I agree that 15/12 would be a safe bet. However, I am wondering if 14/12 would be OK too. Anyone else has a view on this?
The relevant part of the BNA 1981 requires that the applicant
was not at any time in the period of twelve months so ending subject under the immigration laws to any restriction on the period for which he might remain in the United Kingdom...
Given that your ILR vignette is dated 15 December, it seems to me that an application submitted on 14 December would be bound to fail.
(Inserted later) OOPS :oops: - ignore the point that it would be bound to fail - as Joseph says below, there's discretion of overlook shortfalls...) But the arithmetic point is still correct! :)

It may appear to be a trivial point but the arithmetic shows that even if they did a night-shift in India Building, and granted your ILR immediately after midnight on the 14th, you'd still be a nano-second short of your 12 months if you were to apply on the 14th of December the following year.

My view is that you would be safe to apply on the 15th, which is 12 months and n hours after the vignette was issued.

paul
Last edited by ppron747 on Wed Nov 02, 2005 2:36 pm, edited 1 time in total.

Joseph
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Post by Joseph » Wed Nov 02, 2005 2:14 pm

John,
FYI, the rules state that there is discretion to ignore the rule as listed below. But, because exercising this discretion requires more review and approval, it can easily tie up the process so that it takes much longer overall. Only a few times has it been tested, and given the quick turn around for "clean" applications, I think it's worth waiting the full year.
Joseph

http://www.ind.homeoffice.gov.uk/ind/en ... nex_b.html?
7.4 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. if the applicant is a national of an EEA country or is a Swiss national, we are satisfied that he or she was genuinely unaware of the need to satisfy this requirement.

aix
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Joined: Tue Sep 07, 2004 5:53 am

Post by aix » Wed Nov 02, 2005 7:47 pm

Thanks for the feedback everyone. Really appreciate your input.

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