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hi guys

excuse if this sounds lame but i just heard of it and want to confirm it. scenario is
my ILR application has been approved just a couple of days short to 15 months. some body was telling me that if home office takes 15 months to decide application from the date of application then you can straight apply for naturalization once application has been approved for ILR. does any one has any an idea regarding this rule please?

thanks for help

regards

You applied on Set(O) in June 2016 and then looks like you varied to Set(LR) in August/September. You were presumably wanting to avoid scrutiny of your years as Tier 1 General, given that you have asked previously about the questionnaire.

indefinite-leave-to-remain/short-to-lr- ... l#p1377542

How is the delay HO's fault?

CR001 wrote:You applied on Set(O) in June 2016 and then looks like you varied to Set(LR) in August/September. You were presumably wanting to avoid scrutiny of your years as Tier 1 General, given that you have asked previously about the questionnaire.

indefinite-leave-to-remain/short-to-lr- ... l#p1377542

How is the delay HO's fault?

i am not sure if this was the HO fault or mine but yes i did varied to LR in October and received questionnaire in April 2017 by post which i sent them in may 2017 and then received approval recently. i have read or may be heard that the time counts from the date of initial application doesn't matter if you varied in between. but do you aware if the above 15 months rule is correct ?

I am aware of the 15 month rule, but it is only applicable when the delay is through no fault of your own.

In your case, I think you would have difficulty in justifying that HO caused an unnecessary delay. If ILR was granted on the basis of your LR application in October after you met the qualifying 10 years residence, then the delay is not that long is it and certainly not 15 months.

You tried to buy extra time by doing Set(O) first to cover the shortfall for 10 years long residence, not HO's fault.

CR001 wrote:I am aware of the 15 month rule, but it is only applicable when the delay is through no fault of your own.

In your case, I think you would have difficulty in justifying that HO caused an unnecessary delay. If ILR was granted on the basis of your LR application in October after you met the qualifying 10 years residence, then the delay is not that long is it and certainly not 15 months.

You tried to buy extra time by doing Set(O) first to cover the shortfall for 10 years long residence, not HO's fault.

thanks for your help in this regard
can you please share the link of that rule as i am trying to google it but can't finding it

thanks

Page 24 of the Nationality Guidance on naturalisation

Discretion to disregard immigration time restrictions in the 12 months prior to application can be exercised if one of more of the following is met:
...
the applicant made an application for ILR at least 15 months before the citizenship application, and was granted following a delay which was not their fault
...

The disregard is discretionary, and the Home Office can come to the same conclusion as CR001, that varying your application caused a delay in the application processing and hence discretion need not be exercised. If they decide thus (against exercising discretion), you lose your entire naturalisation fee. There is also no right to appeal.