Immigrationboards.com

Hi,
I am looking for some advise;
My background:
Arrived in UK July 2000 as a student.
Granted continuous leave to remain as a student from Jul 2000 to Oct 2007.
Applied and granted leave to remain under the old IGS from Oct 07 to Oct 08.
Applied and granted leave to remain under Tier 1 from Oct 08 to Oct 11.
I know I have missed out on assignments and opportunities in my current career because of an apparent lack of mobility on the continent because HR will always have to arrange visas for me. My colleagues just have to jump on the next available flight and go.

In Jul 10 I will be eligible to apply for ILR under the 10 yr rule. Can I also apply for Naturalisation in July/Aug 10 instead of 2011 and request discretion to disregard the requirement to have been free from immigration time restrictions for at least 12 months before my application for naturalisation.

Thanks

saqahc wrote:Hi,
I am looking for some advise;
My background:
Arrived in UK July 2000 as a student.
Granted continuous leave to remain as a student from Jul 2000 to Oct 2007.
Applied and granted leave to remain under the old IGS from Oct 07 to Oct 08.
Applied and granted leave to remain under Tier 1 from Oct 08 to Oct 11.
I know I have missed out on assignments and opportunities in my current career because of an apparent lack of mobility on the continent because HR will always have to arrange visas for me. My colleagues just have to jump on the next available flight and go.

In Jul 10 I will be eligible to apply for ILR under the 10 yr rule. Can I also apply for Naturalisation in July/Aug 10 instead of 2011 and request discretion to disregard the requirement to have been free from immigration time restrictions for at least 12 months before my application for naturalisation.

Thanks

yes, if you've had no applications that were out of time and have not gone out of the UK for more than 6 months at one time.

Why would you be eligible for a discretion? The "free from immigration control" begins from the date you have ILR. If your application takes longer than 3 months, assuming you are granted ILR in the end, you can request discretion. so, for eg, if you apply and it take 6 months, then you can apply in 9 months from the date you got your ILR. so the ""free from immigration control" shouldn't be any longer than 15 months.

Thanks joh118,
I intend to apply for ILR in person so will know the outcome on the same day in July 2010.
I was thinking of discretion for naturalisation on the basis of personal circumstances or some other valid or plausible reason that anyone might be aware of. I just don't see the point of another year in waiting. Afterall, I have been here 10 years and simply don't understand the purpose of this period of waiting. It simply does not make any sense to me and what it aims to achieve. It could be relevant for those granted ILR under other categories who have been here for only a couple of years.
Maybe common sense does not apply to immigration rules. I think I will give it a try; the worst that could happen is to lose the naturalisation application fee!

joh118 wrote:

saqahc wrote:Hi,
I am looking for some advise;
My background:
Arrived in UK July 2000 as a student.
Granted continuous leave to remain as a student from Jul 2000 to Oct 2007.
Applied and granted leave to remain under the old IGS from Oct 07 to Oct 08.
Applied and granted leave to remain under Tier 1 from Oct 08 to Oct 11.
I know I have missed out on assignments and opportunities in my current career because of an apparent lack of mobility on the continent because HR will always have to arrange visas for me. My colleagues just have to jump on the next available flight and go.

In Jul 10 I will be eligible to apply for ILR under the 10 yr rule. Can I also apply for Naturalisation in July/Aug 10 instead of 2011 and request discretion to disregard the requirement to have been free from immigration time restrictions for at least 12 months before my application for naturalisation.

Thanks

yes, if you've had no applications that were out of time and have not gone out of the UK for more than 6 months at one time.

Why would you be eligible for a discretion? The "free from immigration control" begins from the date you have ILR. If your application takes longer than 3 months, assuming you are granted ILR in the end, you can request discretion. so, for eg, if you apply and it take 6 months, then you can apply in 9 months from the date you got your ILR. so the ""free from immigration control" shouldn't be any longer than 15 months.

Unfortunately the immigration rule doesn't allow you to apply immediately after getting your ILR. You need to wait 12 months from Your ILR before you can apply British Naturalisation. Your application will be refused and you will lose your fee. You won't get appointment at NCS. probably you need to apply by post. Anyway you decided to apply, post your outcome which will be more useful to other members.

I intend to apply for ILR in person so will know the outcome on the same day in July 2010.

You cannot assume that. It could well be decided on the day, but a percentages of in-person applications are deferred for later consideration.

I was thinking of discretion for naturalisation on the basis of personal circumstances or some other valid or plausible reason that anyone might be aware of. I just don't see the point of another year in waiting. Afterall, I have been here 10 years and simply don't understand the purpose of this period of waiting. It simply does not make any sense to me and what it aims to achieve.

So you don't understand why the rules state you need to wait another year. So? So you would write the rules in a different way? OK, but that does not start to assist you. The fact is the rules are the rules, like it or not, and unless you wait for 12 months from the date of your ILR, especially if you apply considerably before 12 months, then it is likely the application will get rejected. Don't forget that the fee is an application fee, not a success fee, and do you really want to place the fee money at risk?

yes, you MUST wait 12 months after getting ILR unless it takes more than 3 months to get approved.

ALSO, you cannot use same day premium application for 10 year Long Residence. Application can take anywhere from 3 months to 12 months. it depends.

If you apply before, your application WILL BE refused for sure.

Thanks guys,
I will keep you posted whatever happens.

you cannot use same day premium application for 10 year Long Residence.

Seeing that surprised me so I have just checked on the UKBA website. Here is the full list of those who cannot apply in person at a PEO :-

The offices cannot consider your application if you are:
a person with exceptional leave to remain;
a person with discretionary leave to remain or who has been given humanitarian protection;
applying for permanent residence on the basis of 14 years' residence;
applying for an extension of your visa on the highly skilled migrant programme;
a business person, innovator, sole representative or investor;
a seaman;
a Gurkha; or
an elderly dependant.

-: so whilst an exclusion for 14-year Long Residence applications, there is no exclusion for 10-year applications.

John wrote:

you cannot use same day premium application for 10 year Long Residence.

Seeing that surprised me so I have just checked on the UKBA website. Here is the full list of those who cannot apply in person at a PEO :-

The offices cannot consider your application if you are:
a person with exceptional leave to remain;
a person with discretionary leave to remain or who has been given humanitarian protection;
applying for permanent residence on the basis of 14 years' residence;
applying for an extension of your visa on the highly skilled migrant programme;
a business person, innovator, sole representative or investor;
a seaman;
a Gurkha; or
an elderly dependant.

-: so whilst an exclusion for 14-year Long Residence applications, there is no exclusion for 10-year applications.

everyone knows that you cannot apply premium for 10 year long residence. It came into rule on 1st Jan 2010. Perhaps that hasn't been updated?

I can't find hard evidence for you but I remember the UKBA announcing it on their news section. go ask people on the 10 year board, it's true. That's why everyone is complaining that they have to wait 6 months etc...

everyone knows that you cannot apply premium for 10 year long residence

Everyone? Well I don't know!

It would be very regrettable if the UKBA website was wrong on this important point.

I think it is matter of one part of the website has been updated whilst another has not.

The announcement was made in December 2009 . The Immigration rule Rule 34B(i)(f) has subsequently been changed to show this.

I assume it will be difficult to get an appointment either online or via the phone booking system

f2k, many thanks for posting that, especially the links.

Well I stand corrected, but I am sorely disappointed that the UKBA webpage I looked at initially is misleading. Not for the first time I shall now contact the webmaster of the UKBA web pages, and attempt to get them to correct that page.

UKBA advertised this on their main page back in December and it was suggested here http://www.immigrationboards.com/viewto ... highlight= that we put a sticky so that people can read and be aware of it

Sorry Saqahc to hijack your thread.

I am in somewhat similar situation and was interested in applying for naturlisation after having ILR. I have legally in UK for 11 years and applied on long residency basis.

I applied for ILR in November 2009, it was issued in June 2010, can I apply for naturalisation in November 2010 and request discretion on my case as I have already been in country for 11 years altogether now or do I have to wait till June 2011 to apply for naturalisation.

Any help/replies would be very much appreciated.

Regards,
Imran

I applied for ILR in November 2009, it was issued in June 2010, can I apply for naturalisation in November 2010

That is not in line with the way the discretion works, as per guidance given to UKBA staff looking at Naturalisation applications.

Where the ILR takes more than 3 months to be granted .... from application date to grant date ..... and the delay was no fault of the applicant (for example because UKBA wanted more information and the applicant was very slow in responding) ..... Naturalisation can be applied for 15 months after the ILR application date, even if that means the Naturalisation application is less than 12 months after the ILR grant date.

So if you applied for ILR sometime in November 2009 that could mean that you can apply for Naturalisation some time in February 2011.

THANKS JOHN, YOU ARE A STAR, EXPLAINING EVERYTHING CLEARLY TO ME AND HOPEFULLY IT WILL HELP OTHERS WHO ARE IN SIMILAR SITUATION.

I will apply for my naturalisation in Februay 2011 as I was never asked for any information by UKBA.

I more question for you. Do I have to write any letter with my naturalisation application mention that I want to request discretion on my case as i probably will have to apply by myselft as one"Nationaliyt checking service" from Berkshire have told me that they do not do applications which have any thing to do with Discretion and that applicant has to meet criteria of being on ILR for last 12 months. If I have to write a letter, what could i mention, i mean which clauses of law could i mention so that case worker can understand and approves my application.

Thanks once again for your prompt reply, your reply on my above question would be very much appreciated also.

Regards,
Imran

Have a look at 7.5.g of this UKBA document, which is part of the instructions to their staff.

A covering letter? Can't do any harm referring them to 7.5.g of Annex B to Chapter 18 of their instructions, and asking that they exercise their discretion in your favour using that provision.

Thanks once again John, Thanks for your prompt replies and referring me to right cluases in Guidance notes for case workers. I will keep you posted once I hear from them as I am planning to submit my application in February 2011 instead of June 2011.

Kind Regards,
IMRAN

Thanks John once again My application has been approved this week
as I followed your advice and applied in February.

I would have had waited till June 2011 before applying but with your guidance and reference to right clauses, I have been able to apply successfully in February 2011.

I hope this will help other people as well who are in somewhat similar situtation.

Hello everyone.

As it happens I was too busy travelling for work to apply as soon as I wanted. But I applied after 9 months by post and it was all fine. My HO documentation was quite extensive, glowing academics and never said hello to even a PCSO - I am one of those who actually used to switch pavements.

I made a subject access request to find out what the HO had on their system for me (£10 it costs) - you might enjoy reading yours before applying. Gives you an insight into how much they know about you, literally everything!

Any way, my understanding is the provision was included in the rules as a "cooling off" period for prospective citizens to carefully, diligently, consider adopting the rights and responsibilities of being a British Citizen!

My advise would be to take a couple of months before applying to at least show you have given some thought about adopting to be a citizen of these green and pleasant lands.

You have to also keep in mind for some countries you cease to be a citizen the day you naturalise as a British Citizen . So if you are in that position, use the opportunity to decide, weighed the pros and cons of becoming a British Citizen. If you have made up your mind and you want to close your file with the HO, then go ahead and apply.

Thanks Everyone.