Residence requirement: 12 months ILR - discretion

Discretion to disregard immigration time restrictions in the 12 months prior to
application can be exercised if one of more of the following is met:

• the applicant had less than 12 months free from time restrictions when they
  applied, but meets the requirement by the time you consider the application,
  and all the other requirements are met
• the applicant had been put on conditions when returning to the UK, but has
  since established that they were a returning resident or exempt from control
  the period of limited leave was less than 10 days at the beginning of the 12-
  month period
• the period of limited leave was between 10 and 90 days at the beginning of the
  12-month period, and the applicant:
  • meets all the other requirements
  • has strong links with the UK through having established their home, property
    and family here
• .... (several more not so relevant points)

When you consider the application, you must assess whether the person would meet this requirement (and the other residence requirements) on either the date you are considering the application, or a date between their original application and consideration. If a person does not meet the requirements on the date of consideration, but will do so within the next two months, it may be appropriate to put the application on hold. If the person will not meet the requirement for some time, you must consider whether there are exceptional grounds to exercise discretion (see section on discretion).