When to apply for Naturalisation (BC)

All,

I would be grateful if anyone could let me know on what date I should apply for Naturalisation.

Here is my situation:-
I received ILR for myself and my family (wife and two kids) on 30 Jan 2012. But in the ILR letter the case worker mentioned that I am free from Immigration Restrictions from 08/10/2010. Cannot understand why. Actually I made ILR (Set O) application on 07/09/2011 under HSMP (2 years) + Tier 1 (General) 3 years. Free from Immigration restrictions should have been from 07/09/2011.

And the letter mentions that my application has been considered under the criteria of HSMP JR. I do fall under HSMP JR policy but not under 4 year rule, I still have to complete 5 years since I got the initial HSMP visa on 14 Sept 2006.

Now my question is as per the ILR letter that specifies that I am free from immigration restrictions from 08.10.2010 does it means, I can apply for Naturalisation (British Citizenship) immediately?

Here is the timeline of my visa(s)

HSMP approval letter was sent to me on 18 July 2006.
Initial HSMP visa issued on 14 Sep 2006 (Valid until 14 Sept 2008)
Extended to Tier-1 General on 05 Sep 2008 (Valid until 14 Sept 2011)

Applied for ILR (Set O): 07 Sep 2011 (at Croydon PEO)
Refusal sent: 06 October 2011 (Refusal was due to more than 90 days out of UK on work related absence)
Appealed on: 12 October 2011
Hearing was on: 10 Nov 2011
Appeal was won and received the determination order from tribunal on 28 Nov 2011
Letter received from UKBA asking for passports on: 10 Jan 2012
Received passports with visa issued on: 31 Jan 2012

Further these are the actual words that have been mentioned in my ILR letter.
===============================================
"Your application has been considered under the HSMP Indefinite Leave to Remain (ILR) judicial review: policy document. Under the terms of this policy you are deemed as having been given ILR on 08/10/2010. You are therefore considered to have been free from immigration restrictions for the date specified.

If you submit an application for British Citizenship you should include a copy of this letter with your application. This will allow the date on which you are deemed to have been granted settlement to be taken into account."
===============================================
I would be grateful to anyone if they could let me know when I would be eligible for Naturalisation. Immediately or should I wait for one year from the date of issuance of visa on my passport.

Regards...
Santosh

santoshganpath wrote:All,

I would be grateful if anyone could let me know on what date I should apply for Naturalisation.

Here is my situation:-
I received ILR for myself and my family (wife and two kids) on 30 Jan 2012. But in the ILR letter the case worker mentioned that I am free from Immigration Restrictions from 08/10/2010. Cannot understand why. Actually I made ILR (Set O) application on 07/09/2011 under HSMP (2 years) + Tier 1 (General) 3 years. Free from Immigration restrictions should have been from 07/09/2011.

And the letter mentions that my application has been considered under the criteria of HSMP JR. I do fall under HSMP JR policy but not under 4 year rule, I still have to complete 5 years since I got the initial HSMP visa on 14 Sept 2006.

Now my question is as per the ILR letter that specifies that I am free from immigration restrictions from 08.10.2010 does it means, I can apply for Naturalisation (British Citizenship) immediately?

Here is the timeline of my visa(s)

HSMP approval letter was sent to me on 18 July 2006.
Initial HSMP visa issued on 14 Sep 2006 (Valid until 14 Sept 2008)
Extended to Tier-1 General on 05 Sep 2008 (Valid until 14 Sept 2011)

Applied for ILR (Set O): 07 Sep 2011 (at Croydon PEO)
Refusal sent: 06 October 2011 (Refusal was due to more than 90 days out of UK on work related absence)
Appealed on: 12 October 2011
Hearing was on: 10 Nov 2011
Appeal was won and received the determination order from tribunal on 28 Nov 2011
Letter received from UKBA asking for passports on: 10 Jan 2012
Received passports with visa issued on: 31 Jan 2012

Further these are the actual words that have been mentioned in my ILR letter.
===============================================
"Your application has been considered under the HSMP Indefinite Leave to Remain (ILR) judicial review: policy document. Under the terms of this policy you are deemed as having been given ILR on 08/10/2010. You are therefore considered to have been free from immigration restrictions for the date specified.

If you submit an application for British Citizenship you should include a copy of this letter with your application. This will allow the date on which you are deemed to have been granted settlement to be taken into account."
===============================================
I would be grateful to anyone if they could let me know when I would be eligible for Naturalisation. Immediately or should I wait for one year from the date of issuance of visa on my passport.

Regards...
Santosh

Based on that letter you can apply immediately. What ever the reason behind their decision, you have it in writing and so they can not refuse. You can easily argue that you made the application based on what you were informed by UKBA. Their incompetence can not be their defence.

Thank you osteophytes

I will be out of the country for three weeks in March, as soon as I come back I will apply then.

Thanks once again.

Regards...
Santosh

All,

Thanks for all wonderful advises that all the seniors and experienced members of this forum give to people like me.

A senior has advised me that I can apply for Naturalisation immediately as per my above situation.

But, I am planning to apply Naturalisation for my kids initially just to be on safe side. Because I would be spending £2044 if applied Naturalisation for all of us together. If I apply only for kids it would be around £800 for two kids if applied together.

As moneywise it doesn't make any difference if I apply now or later for my kids.

Here is my children's visa time lines.

Son - 10yr old - Born in India - Has ILR in his Indian passport along with us. He has all the visas as dependent as per my above post

Daughter 3yr old - Born in UK- Her Indian passport too has ILR along with us and before she had Tier-1 dependent visa along with us in Sep-2008. She only got this visa in her passport as she was born in 06/2008

I just want to know whether my thinking (or planning) is correct. If at all UKBA choses to refuse my application, I would be losing £800 rather than £2044.

Any advise would be very much helpful. Once again thank you all.

Many thanks & kind regards...
Santosh

The India born child can't apply for Registration before you apply for naturalisation as he applies under section 3(1) and the HO expects at least one parent to be British or to apply for naturalisation at the same time.

You can apply for the UK born child registration as he applies under sectnio 1(3) but then you will not benefit from the discounted fee for 2 registration.

If you don't want to take the risk, wait one year from ILR.

Thanks Jambo

All,

I have a question for "AN" form. on page 3, at 1.3 it says "Please say when you were given indefinite leave to enter/remain in the UK"

My passport was stamped (visa endorsement) with ILR on 30 Jan 2012 but the in the letter that the case worker sent me says that I am free from immigration restrictions fom 08 Oct 2010.

Which is the date that I have to put at 1.3 on the form.

I would be thankful for your response(s)

Regards...
Santosh

08-Oct-10.

santoshganpath wrote:Further these are the actual words that have been mentioned in my ILR letter.
===============================================
"Your application has been considered under the HSMP Indefinite Leave to Remain (ILR) judicial review: policy document. Under the terms of this policy you are deemed as having been given ILR on 08/10/2010. You are therefore considered to have been free from immigration restrictions for the date specified.

If you submit an application for British Citizenship you should include a copy of this letter with your application. This will allow the date on which you are deemed to have been granted settlement to be taken into account."
===============================================

Thanks Sushdmehta for a quick reply