Page 1 of 1

Apply for Naturalisation after 9 months of ILR

Posted: Tue Jun 11, 2013 11:09 pm
by moksh4me
Dear all,

I am very grateful to everyone in this forum for the priceless advise they have been giving to individuals such as myself. Please keep up the fantastic work.

I have a query re applying for Naturalization. I have heard from quite a few of my friends and a solicitor that if your a home owner then you can apply for naturalization after 9 months of getting your ILR. Now this is not mentioned by the UKBA in their guidance or on their website.

I recently used the council's application checking services in order to apply for my son's (born in UK) british citizenship and I asked her the same query as above. She told me that you can only apply for naturalization after 12 months of obtaining the ILR. There is no such rule/exemption for homeowners to be eligible to apply after 9months.

I went back to the solicitor and she's determined that she's made 100's of application on 9 month basis. These applications can only be made through solicitors.

I want to ask you experienced people if this is true that if 1 is a home owner then he/she can apply for naturalization after 9 months of ILR through a solicitor.

I look forward to hear from you

Many Many thanks in anticipation.

Hemal

Posted: Tue Jun 11, 2013 11:18 pm
by vinny
Why take the risk for three months' sake?

Posted: Tue Jun 11, 2013 11:32 pm
by niteshj
interesting ..
I looked into the AN Guide (guide_an.pdf) and on page 13 it says


If you are applying on the grounds of five years residence and have spent more than 450 days outside the UK in the five year period prior to your application being received or you have not had indefinite leave to remain in the UK for twelve months you should give the reasons at section 6.7 of the application form as to why you feel discretion should be exercised in your favour to waive these requirements.

This does not guarantee a successful
application. Your application will be refused if we do not accept that your reasons justify disregarding this requirement.


so looks like it is possible

Posted: Tue Jun 11, 2013 11:46 pm
by Jambo
There are several reasons for the HO to apply discretion. It doesn't need to made by a solicitor.
Read this first - Naturalisation refusal: applying before 12 months from ILR.

Posted: Wed Jun 12, 2013 7:54 am
by moksh4me
Thank you for your replies.

Yes Niteshj the solicitor mentioned similar thing that we write to them says the applicant treats UK as home and hence bought a house here and on this basis we apply for 9 months.

Jambo...The reason to go through a solicitor is cause we may not know all the technical aspect or may misinterpret....But I went to them to clarify this issue.....cause it kept raising questions in my head.....some people told me that they hold application till 12 months r complete and then apply.....But to this she replied that they are professionals and regulated and cant be dishonest.

Vinny....I am not wanting to apply after 9 months...but this was something that I wanted to know more about.....and if the solicitor is charging very minimal fee than I may consider...thats all.

Posted: Wed Jun 12, 2013 8:04 am
by Jambo
Fair enough. It all depends how much risk averse you are. Risking £850 (or £1400 for a couple) even with a 90% success rate would be something I would avoid especially as you don't know how long your application is going to take in any case. Maybe you get unlucky and then your application is going through extra checks and takes 6 months instead of 2. May be this would not happen if you waited 12 months. No one knows.

If you want to find out how much the solicitor is confident ask him if he is willing to work on no win - no fee basis.

Posted: Fri Jun 28, 2013 2:28 pm
by olazh
Hi moksh4me

Its very ineresting quastion. I would like to know if its possible or no as well. What did you decide in the end? What your solicitor advice?