Immigrationboards.com

Hi
I came to the UK on November 2010 as student with Tier 4 visa, for some reason on August 2011 claimed asylum while my visa was valid on that time.My asylum application was refused by Home Office on may 2014 so the application was outstanding all that time since August 2011, then I got Leave To Remain granted in the court on my first appeal against the Home Office decision.
My Solicitor on that time told me that I can apply for the Citizenship without waiting the 12 months time period when I get the ILR because I was legally living in the country for 4 years before I was granted my Leave To Remain as a refugee for 5 years time to be valid untill the end of this year.

Could you please help if you have any Idea whether I can apply for the Citizenship after receiving the ILR without waiting 12 month time?

Thanks

12 months on ILR is mandatory, there are no exceptions unless you are married to a British citizen.

Thank you CR001

you can try and apply my friend his mother applied within 6 months of the ILR and she got accepted for citizenship.
but I would recommend you wait till you hold 1-year ILR and then apply for citizenship

Thank you MrHud
I understand that 12 months is mandatory time after ILR but wondering to apply earlier for these reasons:
- My Child has leave to remain inline with me as a dependent, so after Getting my ILR he can get the Citizenship without waiting 12 months.
- My wife will apply for ILR in 2020 as a spouse with 5 years route visa, then if I get the Citizenship, she doesn’t need to wait 1 more year to apply for the Citizenship.
- In 2020 I will be 10 years in the country.
- the solicitor said I dont have to wait 1 year after ILR because of the period I spent before I was granted refugee Leave to remain for 5 years and the Home Office took about 3 years to make the decision.

I understand that 12 months is mandatory time after ILR but wondering to apply earlier for these reasons:
- My Child has leave to remain inline with me as a dependent, so after Getting my ILR he can get the Citizenship without waiting 12 months.
- My wife will apply for ILR in 2020 as a spouse with 5 years route visa, then if I get the Citizenship, she doesn’t need to wait 1 more year to apply for the Citizenship.
- In 2020 I will be 10 years in the country.
- the solicitor said I dont have to wait 1 year after ILR because of the period I spent before I was granted refugee Leave to remain for 5 years and the Home Office took about 3 years to make the decision.

1. Makes no difference. If your child is UK born, they have an entitlement to register as British once EITHER parent is granted ILR. This short cut does not apply to you.

2. Yes, if she meets the requirement she can. Still no shortcut for you though.

3. So what, makes no difference, you still have to wait 12 months on ILR.

4. Your solicitor is wrong and mistaken. The concession to waive the 12 months due to delays out of your control in an application apply to ILR applications and not when you were not with legal status in the UK or waiting for an asylum application result. If you choose to listen to your solicitor and you are refused for not completing 12 months on ILR, you lose your citizenship fee. There is no 'appeal' process for refused citizenship. It is a privilege, not a right or entitlement on form A N.

I agree with you, I couldn’t find any exceptions on the Gov Website.

Thank you for your advice.