Calculation of holding ILR for 12 months

Hi, I have read on this forum where there was a guideline used by UKBA ( which obviously doesn't exist anymore) about the possibility of requesting for discretion to be applied if you are applying for BC immediately after ILR (10yr long residency) was granted if the applicant has lived in the UK for say 12 years.

british-citizenship/immediate-naturalis ... 56395.html

My question is: with UKVI do they have any such discretion in the current policy or this was something that happened in the good old days?

would appreciate a reply. tnx

You can request for discretion to be exercised for the requirement of the ILR for 12 months period provided;
a) At least 15 months have passed from the ILR application date;
b) The decision on the ILR application had been protracted through no fault of the applicant; and
c) The ILR was eventually granted.

Section 7.5, Annex B, Chapter 18 of the Nationality Instructions wrote:(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.

Remember that it is still a discretionary application and it is possible for the request for discretion to be declined, in which case you lose the whole application fee. If the request for discretion can be avoided by waiting for a couple of months, it may be worth waiting for those couple of months.

secret.simon wrote:You can request for discretion to be exercised for the requirement of the ILR for 12 months period provided;
a) At least 15 months have passed from the ILR application date;
b) The decision on the ILR application had been protracted through no fault of the applicant; and
c) The ILR was eventually granted.

Section 7.5, Annex B, Chapter 18 of the Nationality Instructions wrote:(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.

Remember that it is still a discretionary application and it is possible for the request for discretion to be declined, in which case you lose the whole application fee. If the request for discretion can be avoided by waiting for a couple of months, it may be worth waiting for those couple of months.

Many Thanks secret.simon for clarifying and posting that link which I find to be very helpful going through it.
However, I need to understand this: If I've been in the UK for 12 years and had just been granted ILR (10yr Long residence) and having spent 5yrs as an EEA RC holder obviously free of imm. control, do you reckon I still have to wait for the 12 months or you think descretion could be applicable for the purpose of naturalisation? I understand it might be best to wait however, what do you think?

No chance. You need to be free from immigration control (ILR) for a full 12 months.

having spent 5yrs as an EEA RC holder obviously free of immigration control

You were NOT free from immigration control holding a residence card as EEA Family Member (assuming you are not an EU citizen).

Free from immigration control is holding ILR or PR.

CR001 wrote:No chance. You need to be free from immigration control (ILR) for a full 12 months.

having spent 5yrs as an EEA RC holder obviously free of immigration control

You were NOT free from immigration control holding a residence card as EEA Family Member (assuming you are not an EU citizen).

Free from immigration control is holding ILR or PR.

My understanding is that EU nationals are not subject to immigration control, regardless of whether they hold PR or not?

astonished wrote:My understanding is that EU nationals are not subject to immigration control, regardless of whether they hold PR or not?

Their passports may not be checked, but the right of an EEA citizen to reside in the UK (before they acquire PR) is conditional on their exercise of treaty rights. That is why their presence in the UK before PR is not considered as being free from immigration control.

Also see Pages 20-23 of the European Economic Area (EEA) and Swiss nationals: free movement rights guidance.

stanmore06 wrote:If I've been in the UK for 12 years and had just been granted ILR (10yr Long residence) and having spent 5yrs as an EEA RC holder obviously free of imm. control, do you reckon I still have to wait for the 12 months or you think descretion could be applicable for the purpose of naturalisation? I understand it might be best to wait however, what do you think?

You should wait.