Chapter 18 Annex B paragraph 7.5(g) of the BNA 1981

BCMN1 · Post by **BCMN1** » Mon Aug 19, 2013 3:23 pm

This provision in the law states:

Annex B: The residence requirements wrote: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

But what is protracted period and who decides?

How would an applicant get to know that his/her application can be considered under the above provision?

As I have been told by the Immigration and Border Policy Directorate that my application for ILR which took 7 months and 7 days is not protracted......!!!!!!

Is this correct?

Moderators & Guru's Please advise.

Thanks in Advance

Amber · Post by **Amber** » Mon Aug 19, 2013 3:38 pm

See http://www.immigrationboards.com/viewto ... 6&start=20

BCMN1 · Post by **BCMN1** » Mon Aug 19, 2013 3:48 pm

Many Thanks Amber.

This section of BNA needs to be revised and set a time frame for ILR applications after which they automatically fall into category of Protracted.

They delayed my ILR application now penalising me again to wait further 12 months for their slow processing.

Do I have a choice?

I guess I'll raise my voice at the Immigration and Policy Directorate through my MP.

once again thank you.

Amber · Post by **Amber** » Mon Aug 19, 2013 3:53 pm

If your application for ILR took more than 6 months it should be viewed as protracted and considered under Annex B 7.5(g).

BCMN1 · Post by **BCMN1** » Tue Aug 20, 2013 10:58 pm

Thanks Amber:

I think I have to take a chance and apply with a copy of the said provision and hope for the best.

Cheers

Spidery_thread · Post by **Spidery_thread** » Tue Aug 20, 2013 11:06 pm

@ BCMN1,

You stated:

As I have been told by the Immigration and Border Policy Directorate that my application for ILR which took 7 months and 7 days is not protracted......!!!!!!

What are the exact wordings of I&BPD?

Perhaps the answer may lay in the text from Immigration and Border Policy Directorate. Some times even they don't know what they are talking about...!

vinny · Post by **vinny** » Tue Aug 20, 2013 11:15 pm

Unfortunately, as far as I can see, the word "protracted" isn't defined in Annex B: The residence requirements nor in Annex F: Explanation of terms.

If you want to risk it, then try to get the same written response from a nationality caseworker as Amber and include it with the application.

Amber · Post by **Amber** » Wed Aug 21, 2013 1:51 am

BCMN1 wrote:Thanks Amber:

I think I have to take a chance and apply with a copy of the said provision and hope for the best.

Cheers

Email NationalityPolicyTeam.Liverpool@homeoffice.gsi.gov.uk and ask "if an ilr application took longer than 6 months and the delay was no adult of their own, will that application be considered under chp 18, annex b, 7.5(g), thus allowing the applicant to apply after 15 months since being issued ILR, so far as the applicant meets the other standard requirements?"

Post the response on here and if supportive, as Vinny says, pop it in with your application.

mike_k · Post by **mike_k** » Fri Aug 23, 2013 1:48 pm

Hi there, given so many ILR applications now take longer than six months to process, I think there may be a large number of people who might like to apply via this method. Would it be possible for a moderator to start up a sticky thread which collates information regarding Annex B 7.5(g) and in which people can relate their experiences?

I think I qualify via this route early next year and I am willing to give it a go - however, it would be nice to know others have tried and succeeded. As noted previously, the validity of an application made via this method appears to hinge on whether or not the processing time of your ILR application can be classified as being "protracted". The thought of relying on some monkey at the home office to apply his/her discretion does make me a little nervous with so much money on the line...

BCMN1 · Post by **BCMN1** » Fri Aug 23, 2013 4:08 pm

Dear Fellow Members, Thanks for your support.

As per Amber received the following response:

I have just received this from one of the nationality caseworkers:

UKBA Nationality wrote:
Our service standards, as detailed on our website, states that 95% of postal settlement applications will be decided within six months. Applicants therefore have a legitimate expectation that their application will take 6 months to decide.

http://www.ukba.homeoffice.gov.uk/visas ... tingtimes/

Applications that take longer than this, where the delay was outside of the persons control, will be considered under Chapter 18 Annex B para 7.5 (g) when an application for British citizenship is made.

Is there a name of the case worker for reference?

Amber · Post by **Amber** » Fri Aug 23, 2013 4:10 pm

Just include the email details displayed which shows their email address.

BCMN1 · Post by **BCMN1** » Fri Aug 23, 2013 4:18 pm

I wrote to UKBA on 12 Feb 2013, and the reply came on 14 Aug 2013(after 6 months):

I wrote:

Removed

I have received the following response from Immigration & Nationality Policy Advisor, UKBA:

Removed

There is no where mentioned in the approval letter I received for my ILR that I have been granted ILR exceptionally.

UKBA is trying to put the blame of their incompetence on me.......!!!!!

Amber · Post by **Amber** » Fri Aug 23, 2013 4:21 pm

The caseworkers who make the decision on citizenship needs to be emailed as per below, no-one else. You should get a reply in a matter of days.

D4109125 wrote:
BCMN1 wrote:Thanks Amber:

I think I have to take a chance and apply with a copy of the said provision and hope for the best.

Cheers
Email NationalityPolicyTeam.Liverpool@homeoffice.gsi.gov.uk and ask "if an ilr application took longer than 6 months and the delay was no adult of their own, will that application be considered under chp 18, annex b, 7.5(g), thus allowing the applicant to apply after 15 months since being issued ILR, so far as the applicant meets the other standard requirements?"

Post the response on here and if supportive, as Vinny says, pop it in with your application.

BCMN1 · Post by **BCMN1** » Fri Aug 23, 2013 4:24 pm

Thanks Amber, I'll do that.

Spidery_thread · Post by **Spidery_thread** » Fri Aug 23, 2013 4:46 pm

@ BCMN1,

You case is complicated as UKBA has tried to roll you into the error made in your WP application refusal in 2006, then your ILR refusal in 2011 and now in your nationality application due the previous two.

I think your enquiry went to a wrong email address, and as Amber mentioned it should go to a nationality case worker.

UKBA's internal wordings: Chapter 18 Annex B, Section 7.5(g) is complicated and needs to be revised.

But who will revise it? It needs to taken on a much higher level than this forum and need to be fought so that people like you don't suffer.

It will take ages, but if you get a response as advised by Amber then go ahead and apply for Naturalisation on 5 Oct 2013(if you are not bothered by finances).

UKBA may delay this application of yours due to the nature of your immigration history and the nationality case worker will need to establish facts before granting you BC.

If you are lucky, then 6 weeks.

BCMN1 · Post by **BCMN1** » Tue Aug 27, 2013 10:34 am

@spidery_thread,

Many thanks for the information.

BCMN1 · Post by **BCMN1** » Tue Aug 27, 2013 10:38 am

I got this reply today from:

NationalityPolicyTeam.Liverpool@homeoffice.gsi.gov.uk

Thank you for your further enquiry regarding the requirements for naturalisation as a British citizen under section 6(1) of the British Nationality Act 1981. You specifically refer to the requirement to have been free of immigration time restrictions on the date of application and for the preceding 12 month period.
As previously explained, the Secretary of State does have the discretion to disregard immigration time restrictions in the final 12 months if, 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 policy is covered in Chapter 18 Annex B paragraph 7.5 (g) of the Nationality guidance.
Our service standards, as detailed on our website, states that 95% of postal settlement applications will be decided within six months. Applicants therefore have a legitimate expectation that their application will take 6 months to decide.

http://www.ukba.homeoffice.gov.uk/visas ... tingtimes/
Applications that take longer than this, where the delay was outside of the persons control, will normally be considered under Chapter 18 Annex B paragraph 7.5 (g) when an application for British citizenship is made. However, as detailed in my previous correspondence to you, neither of your applications for Indefinite Leave to Remain can be considered to have been protracted, as referred to in Chapter 18 Annex B paragraph 7.5(g) of the nationality guidance. Both of your ILR applications were considered in accordance with the Immigration Rules and the appropriate decisions were reached by the deciding officer. The fact that discretion was exercised in your second application does not indicate that the first decision was incorrect in any way.
In conclusion, when applying for British citizenship under section 6(1) of the 1981 Act you must ensure that you can fulfil the requirement to have been free of immigration time restrictions for 12 months beforehand. An application received before 7 February 2014 is therefore unlikely to be successful.

Regards

Mrs C R

My application took 7 months and 12 days.....!!!!!!!!!

Seems like they have decided not to approve my BC application before 7 Feb 2014.

I am in a dilemma.........

Amber · Post by **Amber** » Tue Aug 27, 2013 10:49 am

Did you make 2 applications for ILR? I would take the term protracted to mean delayed. The caseworker is saying that >6 months is protracted and providing it wasn't your fault then you should fall under Annex B 7.5(g). I would email back and say that your ILR application took longer than 6 months and was not your fault, why should that delay not be viewed as protracted I don't think it matters how they made the ILR decision, the fact is, it took >6 months and if was no fault of your own, you should be able to apply after 15 months of making such an application. I think she may be acting ultra vires by adding further restrictions to 7.5(g) and ask her why is she adding additional restrictions to the term protracted as surely it just means delayed? It does not say where discretion was used for ILR then 7.5(g) cannot be used, does it?

BCMN1 · Post by **BCMN1** » Tue Aug 27, 2013 2:06 pm

Many thanks Amber,

Yes, I made 2 applications for ILR; 1st in Sep 2011 which was refused in Nov 2011 due to this gap which was not my fault. At time I had tier 4 visa which lasted until 31 July 2012.

I made 2nd ILR application on 4 July 2012, which was approved on 7 Feb 2013.

Please find my reply to UKBA:

Dear Mrs. R,

Once again thank you for your prompt reply.

With due respect your statement is contradictory.

From paragraph 2 & 3 in your email below:

(i) "the Secretary of State does have the discretion to disregard immigration time restrictions in the final 12 months if, 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".
(ii) "Applications that take longer than this, where the delay was outside of the persons control, will normally be considered under Chapter 18 Annex B paragraph 7.5 (g) when an application for British citizenship is made".

&

"However, as detailed in my previous correspondence to you, neither of your applications for Indefinite Leave to Remain can be considered to have been protracted, as referred to in Chapter 18 Annex B paragraph 7.5(g) of the nationality guidance".

My application for Indefinite Leave to Remain made on 4 July 2012 and decision made on 7 Feb 2013 took 7 months and 7 days to be precise 218 days on the day of decision and 222 days when the decision was received by me. i.e: 7 months and 12 days, is this not protracted as per UKBA service standards?

In the approval letter for ILR received there is nowhere mentioned in the letter that I have been granted Indefinite Leave to Remain either exceptionally or discretion was exercised or outside Immigration rules.

I am sorry to bother you but I have never been in breach of Immigration rules or stayed unlawfully in the United Kingdom(please see my letter to ILR case worked dated 17 Dec 2012 for your reference). I hope copy of this letter clarifies my position.

I have also taken this matter to my MP to not only clarify my position in terms of "said, 62 days gap" and general clarification on Chapter 18, Annex B, 7.5(g) of BNA 1981.

I am much appreciated for your kind assistance and prompt responses.

Yours sincerely,

Appreciate your kind guidance.

Amber · Post by **Amber** » Tue Aug 27, 2013 2:35 pm

Indeed, I think the only test (2 part) for 7.5(g) is that 1. It took more than 6 months and 2. The delay wasn't your fault. In such cases you can apply 15 months after the ILR application.

She shouldn't be adding extra tests re: how your ilr decision was made, if you were not at fault.

BCMN1 · Post by **BCMN1** » Tue Aug 27, 2013 4:04 pm

Once again thanks for the support.

She been a Nationality Advisor doesn't have clear understanding of a specific provision.

I'll wait for her to reply, because I think they may refuse my application for being too early even if the law allows me to apply.

And also my local MP has made further representations on my behalf in the same regard.

Spidery_thread · Post by **Spidery_thread** » Tue Sep 03, 2013 4:45 pm

Email this to UKBA's Freedom of Information Team:

"if an ilr application took longer than 6 months and the delay was no adult of their own, will that application be considered under chapter 18, annex b, 7.5(g), thus allowing the applicant to apply after 15 months since being issued ILR, so far as the applicant meets the other standard requirements?"

Spidery_thread · Post by **Spidery_thread** » Fri Sep 06, 2013 8:28 am

Please read this:

https://www.whatdotheyknow.com/request/ ... turalizati

&

https://www.whatdotheyknow.com/request/ ... Clarke.pdf

01yoseph · Post by **01yoseph** » Mon Sep 09, 2013 11:41 pm

i just wondering did u apply for British Citizenship if you get any results pls let me know i have the same problem thanks ?

01yoseph · Post by **01yoseph** » Mon Sep 09, 2013 11:57 pm

i just wondering did u apply for British Citizenship if you get any results pls let me know i have the same problem thanks ?

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Chapter 18 Annex B paragraph 7.5(g) of the BNA 1981

Chapter 18 Annex B paragraph 7.5(g) of the BNA 1981