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Dear Moderators & Guru's,

I would like to enquire about my residency requirement to apply for British Citizenship.

I originally applied for Indefinite Leave Remain(under 10 year long residence) on 15 Sep 2011, which was refused on 21 Nov 2011(with no right of appeal as I had Limited Leave to Remain). The ILR caseworker at that time claimed that I have got an in country gap in my residency and I did not completed 10 years consecutive period.

I made enough representations that the said gap was not my fault and is an administrative error by IND. But all these representations were also denied.

I reapplied ILR on 4 July 2012, as by then I found evidence of IND's error and submitted in support of my application. Eventually my application for Indefinite Leave to Remain was approved on 7 Feb 2013(after 7 months and 7 days).

1) My question is, am I eligible to apply for British Nationality under "Annex B 7.5(g) of Residency Requirement" straight away as I have completed 15 months period from 15 Sep 2011(on 14 Dec 2012) and eventually I was granted ILR?

Where Annex B 7.5(g) of Residency Requirement states:

"7.5 Discretion to disregard immigration time restrictions in the final 12 months may normally be exercised if:

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".

or

15 Months from date of 2nd ILR application i.e 4 July 2012?

I have sent enough emails and letter to Nationality Directorate since Feb 2013 but no one has replied to my above query.

I'll appreciate your guidance.

Thanks in Advance.

BCMN1 wrote:Dear Moderators & Guru's,

I would like to enquire about my residency requirement to apply for British Citizenship.

I originally applied for Indefinite Leave Remain(under 10 year long residence) on 15 Sep 2011, which was refused on 21 Nov 2011(with no right of appeal as I had Limited Leave to Remain). The ILR caseworker at that time claimed that I have got an in country gap in my residency and I did not completed 10 years consecutive period.

I made enough representations that the said gap was not my fault and is an administrative error by IND. But all these representations were also denied.

I reapplied ILR on 4 July 2012, as by then I found evidence of IND's error and submitted in support of my application. Eventually my application for Indefinite Leave to Remain was approved on 7 Feb 2013(after 7 months and 7 days).

1) My question is, am I eligible to apply for British Nationality under "Annex B 7.5(g) of Residency Requirement" straight away as I have completed 15 months period from 15 Sep 2011(on 14 Dec 2012) and eventually I was granted ILR?

Where Annex B 7.5(g) of Residency Requirement states:

"7.5 Discretion to disregard immigration time restrictions in the final 12 months may normally be exercised if:

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".

or

15 Months from date of 2nd ILR application i.e 4 July 2012?

I have sent enough emails and letter to Nationality Directorate since Feb 2013 but no one has replied to my above query.

I'll appreciate your guidance.

Thanks in Advance.

I assume you are not the spouse/civil partner of a British Citizen? It should be the latter July 2012 as it was that ILR application which was successful.

Dear D4109125,

Thanks for you post. I got my ILR through 10 years Long Residence and I am not married to a BC.

If 2nd option is the case, Can my wife apply for naturalisation along with me at the same time in Oct 2013(15 months from July 2012) once she completes 2 years(she got 2 years spouse visa) in Sep 2013(part PBS Dependant, rest ILR Dependant) after obtaining ILR?

She has been in the UK since April 2005(& we are married since Jan 2005).

Many Thanks.

BCMN1 wrote:Dear D4109125,

Thanks for you post. I got my ILR through 10 years Long Residence and I am not married to a BC.

If 2nd option is the case, Can my wife apply for naturalisation along with me at the same time in Oct 2013(15 months from July 2012) once she completes 2 years(she got 2 years spouse visa) in Sep 2013(part PBS Dependant, rest ILR Dependant) after obtaining ILR?

She has been in the UK since April 2005(& we are married since Jan 2005).

Many Thanks.

Your wife could apply with you once settled but she would be relying on discretion to ensure she is naturalised she would have to be settled for 12 months or wait until she is settled and you are naturalised then apply on her own as the spouse of a British citizen.

Much Appreciated D4109125....

Will keep this in mind...

BCMN1 wrote:Dear D4109125,

Thanks for you post. I got my ILR through 10 years Long Residence and I am not married to a BC.

If 2nd option is the case, Can my wife apply for naturalisation along with me at the same time in Oct 2013(15 months from July 2012) once she completes 2 years(she got 2 years spouse visa) in Sep 2013(part PBS Dependant, rest ILR Dependant) after obtaining ILR?

She has been in the UK since April 2005(& we are married since Jan 2005).

Many Thanks.

I would wait with the spouse application. Too much discretion in one envelope. She just needs to wait until your application is approved and you attend the ceremony. Too much to risk for 2 months & £200 savings in my view.
See Q1 & Q2 in Citizenship FAQs - Common Questions - Read before posting.

Thanks Jambo, I wanted to just get done with it, but now as per your advise will make a cautious approach.

Many Thanks.