naturalisation Discretion

[londonprince]

Hi All

One of my friend has got his ILR 2 months back after 9 years resident in this country. But recently he has been diagnoised with brain tumour can he apply for british passport on compassionate discretion bases below

http://www.ukba.homeoffice.gov.uk/briti ... trictions/

(4) there are compelling business or compassionate reasons to approve your application; or

[John]

Well there is nothing to stop him applying, but as you rightly point out, UKBA need to exercise their discretion in his favour.

Are you saying that he might not be alive one year after the issue of the ILR? And can provide medical evidence to show that?

[londonprince]

Tumour can be cured and he can live long if god willing.
He might have to travel other countries especially US & Eroupe for treatment
where it would be easy for him if he has a british passport rather than applying visas.

[londonprince]

Can someboby answer this please

if his naturalisation applicaton is rejected can he apply after 6 months(by then he would qualify all the requirement) ?
does he still need to pay full fees at that time or he would use reconsideration fee of 100£?

[Nazia88]

Can someboby answer this please

if his naturalisation applicaton is rejected can he apply after 6 months(by then he would qualify all the requirement) ?
does he still need to pay full fees at that time or he would use reconsideration fee of 100£?

if you know the it would be rejected so better wait for now and apply when every requirement fullfilled and thats the only way you can save fee but if you apply now and get rejected then for sure you will loose the fee so becarefull for everything. goodluck.

[ILR_Applicant_UK]

One way to verify this would be to actually apply, through NCS. When I applied, my wife was away over 650 days, plus she was away more than 90 days in the last yr.

I'm not sure if all NCS centers do this; but the NC agent in Hamilton, Glasgow did a very thorough check of all my documents. She then took away our papers and came back almost half an hour later and said she has been on the phone with the HO and she would recommend I withdraw my wife's application as her absences were too high. I said both the 90 day in last yr and 450 days in the 5 yr rules are discretionary. She said whereas that is true, the case for discretion becomes weak if you don't meet more than one of the requirements. I said to her the worst that can happen is she'll have to apply again. I went ahead with the application anyway, as or me, the upside of a positive decision was much more than the chance of a rejection. The HO hasn't yet given us a decision yet, so I don't know if I'll strike lucky, but, atleast you'll be able to get a real response through NCS.

To be honest, I didn't ask the question whether, in case of a rejection the first time round, would we have to pay the full application fee again.

[Casa]

Following a rejected application the full fee with be chargeable if you apply again.
The NCS can only check the application/documents to verify the validity and take copies of any original documents that need to be returned to you before you leave their office.
I would suggest your friend would gain better advice by talking to a legal professional before submitting an application outside of the standard rules.

[ILR_Applicant_UK]

Following a rejected application the full fee with be chargeable if you apply again.
The NCS can only check the application/documents to verify the validity and take copies of any original documents that need to be returned to you before you leave their office.
I would suggest your friend would gain better advice by talking to a legal professional before submitting an application outside of the standard rules.

Thats what I thought before I submitted my application. Atleast in my case, the NCS got in touch with HO and advised me to withdraw or risk a rejection.

[hitu119]

One way to verify this would be to actually apply, through NCS. When I applied, my wife was away over 650 days, plus she was away more than 90 days in the last yr.

I'm not sure if all NCS centers do this; but the NC agent in Hamilton, Glasgow did a very thorough check of all my documents. She then took away our papers and came back almost half an hour later and said she has been on the phone with the HO and she would recommend I withdraw my wife's application as her absences were too high. I said both the 90 day in last yr and 450 days in the 5 yr rules are discretionary. She said whereas that is true, the case for discretion becomes weak if you don't meet more than one of the requirements. I said to her the worst that can happen is she'll have to apply again. I went ahead with the application anyway, as or me, the upside of a positive decision was much more than the chance of a rejection. The HO hasn't yet given us a decision yet, so I don't know if I'll strike lucky, but, atleast you'll be able to get a real response through NCS.

To be honest, I didn't ask the question whether, in case of a rejection the first time round, would we have to pay the full application fee again.

Hay can you please share your experiance about the Naturalisation
of you and your wife at the same time with 450 absant of your wife.

I am going to apply for my Naturalisation next year. and wife was out of the country 300 day in last three year. can she apply for the Naturalisation or not?

[geriatrix]

Hay can you please share your experiance about the Naturalisation of you and your wife at the same time with 450 absant of your wife.

The HO hasn't yet given us a decision yet, so I don't know if I'll strike lucky

I am going to apply for my Naturalisation next year. and wife was out of the country 300 day in last three year. can she apply for the Naturalisation or not?

See also routes to eligibility, 4. Excess absences in the 5(3) year qualifying period and 5. Excess absences in the final year.