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Discretion to waive 12 months of ILR?

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Optimus
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Kenya

Discretion to waive 12 months of ILR?

Post by Optimus » Mon Mar 28, 2022 3:32 pm

Hi,

I was wondering if anyone knows the likelihood of the HO using their discretion to waive the requirements of 12 months of ILR.

The wording on their guidance is very confusing.

I meet all the other requirements and have had no absences from the UK for 5+ years.

However I had not held ILR for a full 12 months.

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CR001
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South Africa

Re: Discretion to waive 12 months of ILR?

Post by CR001 » Mon Mar 28, 2022 3:43 pm

Why should UKVI exercise discretion? If you hold ILR, you have no restrictions on living and working in the UK.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Optimus
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Joined: Sat Jun 02, 2018 7:13 pm
Kenya

Re: Discretion to waive 12 months of ILR?

Post by Optimus » Mon Mar 28, 2022 4:00 pm

CR001 wrote:
Mon Mar 28, 2022 3:43 pm
Why should UKVI exercise discretion? If you hold ILR, you have no restrictions on living and working in the UK.
I suppose they don’t 😂

I’m just impatient and was wondering if they would accept an early application. Guess I’ll just wait

AmazonianX
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United Kingdom

Re: Discretion to waive 12 months of ILR?

Post by AmazonianX » Tue Mar 29, 2022 9:45 am

Optimus wrote:
Mon Mar 28, 2022 4:00 pm
CR001 wrote:
Mon Mar 28, 2022 3:43 pm
Why should UKVI exercise discretion? If you hold ILR, you have no restrictions on living and working in the UK.
I suppose they don’t 😂

I’m just impatient and was wondering if they would accept an early application. Guess I’ll just wait
If you don't want to loose fees, shelve the idea of early application. The one year is lesser than the time you have spent so far....patience.

kamoe
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Joined: Mon Sep 07, 2015 11:57 am
European Union

Re: Discretion to waive 12 months of ILR?

Post by kamoe » Tue Mar 29, 2022 10:31 am

Optimus wrote:
Mon Mar 28, 2022 4:00 pm
I’m just impatient and was wondering if they would accept an early application.
I echo CR001's question. Why? Why would they?

Why do you think the 1-year rule exists in the first place? So that they allow everyone who feels entitled, to apply early? Not sure why you feel special because you have complied with the terms of your status. Tell you what, everyone complies, and everyone has to wait the year.

Join the queue, mate. :!:
My posts express what I believe are the facts, based on the best of my knowledge, about the topics discussed in this forum. They do not constitute immigration advice.

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