Immigrationboards.com

Hi, hope someone can share some views on the following scenario

I sent through the post my ILR application on 29-09-2012 which was granted by a biometric residence permit. This ID card holds date of issue as 30-04-2013.

I would like to send my application for naturalisation the earliest possible, I met all requirements but I have not been free from immigration time restrictions for a year yet, I will need to wait until 29 Apr 2014 base on my BRP issue date.

Before given ILR my old visa (tier 1 general) expired on 30-09-2012 and so I was wondering if there would be any opportunity to submit my application for naturalisation straight away on the basis that my ILR should be valid from 30-09-2012.

I can still wait for a few more months but it would be more convenient (travelling a lot in to Europe) if I can have a British passport asap.

Thanks

Puma,

Anytime after 1 year of getting your ILR i.e 30th April 2014. Just because you applied in Sep 2012 is not going to exempt you from the requirement of 1year of being free from Immigration Restrictions.
cheers
vr

So puma you applied for ILR on 29.09.12 and it was granted on 30.04.13. Were you in any way to blame for that delay? For example, did they raise any queries and you took a long time to reply?

If the answer to that is "no", then have a look at this UKBA staff guidance, and in particular read 7.5.g.

So as long as you were in no way to blame for the delay, consider applying for Naturalisation from tomorrow, that is, 15 months after you applied for your ILR.

But posters on this board continue to report problems applying using this concession when using an NCS office. It seems that the staff in NCS offices seem to be ill-trained as regards 7.5.g.

John/Puma,

While they have a provision for exempting the 1 year rule in cases of inordinate delays for which the OP is not responsible ;

I have never heard of a case where a person applied on 29th and got his ILR on 30th.

The next point is even their website carries instructions to contact them after 6 months w.r.t an application. Given that he was granted ILR 1month after 6months will they agree that special circumstances warranted granting him citizenship early???No harm trying!!!

Last but not least the general timelines and backlog of cases at the point when the application was with them generally determines how quickly one gets expedited (This was what I was told when I enquired about timelines internally).

Good luck.
cheers
vr

My ILR application took few days short of 11 months and i applied for naturalisation 15 months after my ILR application date. I asked for that discretion and they accepted it. So it’s worth a try but be prepared for the refusal and loss of your fee.

See also, Chapter 18 Annex B paragraph 7.5(g) of the BNA 1981 (click) and Naturalization 15 months after an ILR application (click).

Let's just summarise what we are talking about here. The instructions to UKBA staff looking at Naturalisation applications say :-

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.

Thus "discretion ..... may normally be exercised"!