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Hi all,

I recently got granted my ILR (August 2012) after an initial refusal in November 2011 due to excess absences. Through representation I had asked the case worker to reconsider his decision based on compassionate grounds and article 8 which he did and accepted.

I am now thinking ahead about the process of naturalization and I came across paragraph h on page 17 from the below link which indicates that I might be eligible to apply for naturalisation now.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The issue is was the initial refusal incorrect as one can infer it was due to the decision being reversed later on? Or was the initial refusal technically correct (as I had exceeded the 18 month absences limit) but obviously with later representation the case was made that discretion should have been exercised?

Any advice would be appreciated.

It was NOT an incorrect decision, this is something each caseworker can apply his discretion to. He could have refused your appeal as well and you couldnt have done a thing. I would suggest you apply in August 2013 for Naturalisation.

hendrickache wrote:Hi all,

I recently got granted my ILR (August 2012) after an initial refusal in November 2011 due to excess absences. Through representation I had asked the case worker to reconsider his decision based on compassionate grounds and article 8 which he did and accepted.

I am now thinking ahead about the process of naturalization and I came across paragraph h on page 17 from the below link which indicates that I might be eligible to apply for naturalisation now.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

The issue is was the initial refusal incorrect as one can infer it was due to the decision being reversed later on? Or was the initial refusal technically correct (as I had exceeded the 18 month absences limit) but obviously with later representation the case was made that discretion should have been exercised?

Any advice would be appreciated.

Yeah thanks I thought that would be the case