Regarding Early British Citizenship Application

[Thomas25]

Hi all,


Just wondering if anyone has experience with or knows whether the Home Office might consider early naturalisation by exercising discretion ?

I got Indefinite Leave to Remain (ILR) recently after arriving legally. I know the usual rule is to wait 12 months after ILR before applying for citizenship, but I’m in a bit of a time-sensitive and career-jeopardising situation and wondering if discretion is ever applied in cases like this.

Here’s the issue:
I’m in an advanced flight training program with easyJet sponsored programme in the UK to become a commercial pilot.
A major part of the training must be done in the U.S. — most of my classmates are going there soon to continue with the course.
I’ve already been refused a U.S. student visa twice last month mainly because of my Refugee Travel Document and the fact that I got my ILR under refugee status according to consular officer.

The company is covering over £100,000 into this training and delaying or stopping now isn’t really an option — the course is tightly scheduled and structured.

So I’m stuck, becoming a British citizen would remove the visa issue and allow me to continue with my course and complete my training as planned.

My question is: Would the Home Office ever consider an early naturalisation application (before 12 months of ILR) in this type of situation?

Any help, advice, or even a pointer in the right direction would be really appreciated.


Thanks in advance!

[secret.simon]

@Thomas25, when does your 1 year from ILR end? Do you meet all other requirements including both absence requirements and the physical presence in the UK at the start of the five year period?

Note that if exercised, discretion can generally used to excuse only one condition not being met. Do you meet all other conditions for naturalisation?

Even assuming that discretion is exercised. keep in mind that

(a) requesting discretion can cause the application to get delayed as exercising discretion may require more approvals within the Home Office,

(b) you only become a British citizen after attending a citizenship ceremony at your local council and that can take some time, depending on your council (and the timing of that is something that neither you nor the Home Office have any control over),

(c) there is no fast track process for first adult British Citizen passport (which process you can only start after you get the naturalisation certificate at the citizenship ceremony in (b) above), and,

(d) be aware that merely because you are a British citizen, the US will not just wave you through. They will still look into your past and your (past) refugee status may still be a red flag for them.

(e) I would also point out that white European citizens who have been born in their country of citizenship have also been deported from the US in the past year, as have South Korean citizens (and South Korea is a US ally, like the UK). So merely being naturalised as a British citizen may not help you get to the US for the training.

[CR001]

Just so you are aware, even if you could jump the queue and apply early (unlikely), as you already have two recent refused visas for the US, you likely wouldn't qualify for an ESTA and would still have to apply for a visa and attend an interview at the US embassy.

https://travel.state.gov/content/travel ... ogram.html

A recent visa refusal for any reason could result in denial of ESTA authorization, additional review at the port of entry, or denial of admission to the United States. If you are uncertain if you qualify for VWP travel, you may apply for a visa.

A standard application for British citizenship for someone who meets all the requirements, takes up to 6 months, sometimes longer. Complex cases can take up to 2 or 3 years.

Edit : beaten (for a change) by @secret.simon

[contorted_svy]

If this helps making a decision, here are the rules for discretion on this requirement, from the guidance https://www.gov.uk/government/publicati ... accessible

Applicants under section 6(1) who have not been free from immigration time restrictions for 12 months
There is also discretion to waive this requirement in certain circumstances.

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 had less than 12 months free from time restrictions when they applied, but meets the requirement by the time you consider the application, and all the other requirements are met

the applicant had been put on conditions when returning to the UK, but has since established that they were a returning resident or exempt from control

the period of limited leave was less than 10 days at the beginning of the 12- month period

the period of limited leave was between 10 and 90 days at the beginning of the 12-month period, and the applicant:

meets all the other requirements

has strong links with the UK through having established their home, property and family here

the period of limited leave was more than 90 days at the beginning of the 12- month period, and:

the applicant meets all the other requirements

the applicant has strong links with the UK through having established their home, property and family here

there are compelling business or compassionate reasons to justify granting now

the period of limited leave was more than 10 days at the beginning of the 12- month period, and:

the applicant does not meet all the other requirements

has strong links with the UK through having established their home, property and family here

there are compelling business or compassionate reasons to justify granting now

there are exceptionally compelling circumstances.

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

an application for leave or asylum was refused in error and, if it had been granted correctly, the applicant could have applied for ILR and met the requirements on the date of application

[Thomas25]

@secret.simon, Thank you for your reply!
My ILR Year 1 will end in about 7 months, so I don’t meet the 12-month requirement just yet. I do meet all the other conditions though.
Honestly, I’m a bit lost at this point. Any idea?

@Thomas25, when does your 1 year from ILR end? Do you meet all other requirements including both absence requirements and the physical presence in the UK at the start of the five year period?

Note that if exercised, discretion can generally used to excuse only one condition not being met. Do you meet all other conditions for naturalisation?

Even assuming that discretion is exercised. keep in mind that

(a) requesting discretion can cause the application to get delayed as exercising discretion may require more approvals within the Home Office,

(b) you only become a British citizen after attending a citizenship ceremony at your local council and that can take some time, depending on your council (and the timing of that is something that neither you nor the Home Office have any control over),

(c) there is no fast track process for first adult British Citizen passport (which process you can only start after you get the naturalisation certificate at the citizenship ceremony in (b) above), and,

(d) be aware that merely because you are a British citizen, the US will not just wave you through. They will still look into your past and your (past) refugee status may still be a red flag for them.

(e) I would also point out that white European citizens who have been born in their country of citizenship have also been deported from the US in the past year, as have South Korean citizens (and South Korea is a US ally, like the UK). So merely being naturalised as a British citizen may not help you get to the US for the training.

[Thomas25]

Just to clarify — I’m only looking to apply for a student visa, which it definitely requires an interview. I’m not interested in ESTA or waiver at all since that’s for tourism, and I’m going only for study purposes.

Yes, for standard British citizenship application — that’s correct. But I’m actually looking to apply for an urgent one!

Just so you are aware, even if you could jump the queue and apply early (unlikely), as you already have two recent refused visas for the US, you likely wouldn't qualify for an ESTA and would still have to apply for a visa and attend an interview at the US embassy.

https://travel.state.gov/content/travel ... ogram.html

A recent visa refusal for any reason could result in denial of ESTA authorization, additional review at the port of entry, or denial of admission to the United States. If you are uncertain if you qualify for VWP travel, you may apply for a visa.

A standard application for British citizenship for someone who meets all the requirements, takes up to 6 months, sometimes longer. Complex cases can take up to 2 or 3 years.

Edit : beaten (for a change) by @secret.simon

[alterhase58]

There are no "urgent" or fast-track options available for naturalisation (not an immigration application), it's not the same as available for ILR applications.

[contorted_svy]

@secret.simon, Thank you for your reply!
My ILR Year 1 will end in about 7 months, so I don’t meet the 12-month requirement just yet. I do meet all the other conditions though.
Honestly, I’m a bit lost at this point. Any idea?

@Thomas25, when does your 1 year from ILR end? Do you meet all other requirements including both absence requirements and the physical presence in the UK at the start of the five year period?

Note that if exercised, discretion can generally used to excuse only one condition not being met. Do you meet all other conditions for naturalisation?

Even assuming that discretion is exercised. keep in mind that

(a) requesting discretion can cause the application to get delayed as exercising discretion may require more approvals within the Home Office,

(b) you only become a British citizen after attending a citizenship ceremony at your local council and that can take some time, depending on your council (and the timing of that is something that neither you nor the Home Office have any control over),

(c) there is no fast track process for first adult British Citizen passport (which process you can only start after you get the naturalisation certificate at the citizenship ceremony in (b) above), and,

(d) be aware that merely because you are a British citizen, the US will not just wave you through. They will still look into your past and your (past) refugee status may still be a red flag for them.

(e) I would also point out that white European citizens who have been born in their country of citizenship have also been deported from the US in the past year, as have South Korean citizens (and South Korea is a US ally, like the UK). So merely being naturalised as a British citizen may not help you get to the US for the training.

I am afraid you need to wait at least 4 more months to be eligible to ask for discretion on this requirement. You haven't had ILR for 6 months at this point, so you fall well outside the guidance.

[lolo2]

So I’m stuck, becoming a British citizen would remove the visa issue and allow me to continue with my course and complete my training as planned.

As commented by others, being a British citizen will not make your situation very different. The US consular officers will scrutinise your application in the same way than any other nationality.

Two conditions will make your application more difficult than usual: your previous refugee status and the previous (consecutive and recent?) visa denials. A British citizenship/passport will not remove these elements.

[Thomas25]

@secret.simon, Thank you for your reply!
My ILR Year 1 will end in about 7 months, so I don’t meet the 12-month requirement just yet. I do meet all the other conditions though.
Honestly, I’m a bit lost at this point. Any idea?

@Thomas25, when does your 1 year from ILR end? Do you meet all other requirements including both absence requirements and the physical presence in the UK at the start of the five year period?

Note that if exercised, discretion can generally used to excuse only one condition not being met. Do you meet all other conditions for naturalisation?

Even assuming that discretion is exercised. keep in mind that

(a) requesting discretion can cause the application to get delayed as exercising discretion may require more approvals within the Home Office,

(b) you only become a British citizen after attending a citizenship ceremony at your local council and that can take some time, depending on your council (and the timing of that is something that neither you nor the Home Office have any control over),

(c) there is no fast track process for first adult British Citizen passport (which process you can only start after you get the naturalisation certificate at the citizenship ceremony in (b) above), and,

(d) be aware that merely because you are a British citizen, the US will not just wave you through. They will still look into your past and your (past) refugee status may still be a red flag for them.

(e) I would also point out that white European citizens who have been born in their country of citizenship have also been deported from the US in the past year, as have South Korean citizens (and South Korea is a US ally, like the UK). So merely being naturalised as a British citizen may not help you get to the US for the training.

I am afraid you need to wait at least 4 more months to be eligible to ask for discretion on this requirement. You haven't had ILR for 6 months at this point, so you fall well outside the guidance.

So, if I complete 6 months of ILR, can I apply?

[secret.simon]

I'll quickly quote from @contorted_svy's post earlier.

If this helps making a decision, here are the rules for discretion on this requirement, from the guidance https://www.gov.uk/government/publicati ... accessible

Applicants under section 6(1) who have not been free from immigration time restrictions for 12 months
There is also discretion to waive this requirement in certain circumstances.

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 period of limited leave was less than 10 days at the beginning of the 12- month period

• the period of limited leave was between 10 and 90 days at the beginning of the 12-month period, and the applicant:
  
  meets all the other requirements
  
  has strong links with the UK through having established their home, property and family here

the period of limited leave was more than 90 days at the beginning of the 12- month period, and:

• the applicant meets all the other requirements
  
  the applicant has strong links with the UK through having established their home, property and family here
  
  there are compelling business or compassionate reasons to justify granting now

the period of limited leave was more than 10 days at the beginning of the 12- month period, and:

• the applicant does not meet all the other requirements
  
  has strong links with the UK through having established their home, property and family here
  
  there are compelling business or compassionate reasons to justify granting now
  
  there are exceptionally compelling circumstances.

If you think you meet the requirements, you can apply now. There is no difference between waiting for six months and applying now. The threshold changes at the 90 day before 12 months period, where you can give "exceptionally compelling circumstances", in addition to the "compelling business or compassionate reasons to justify granting now".

I think a compelling business reason would be more on the lines of why Easyjet (the business) needs you in particular (and not some other employee) to under go this training AND why it is impossible to do that on your current visa status.

As I mentioned earlier, such a case asking for discretion will almost certainly need to be escalated through the Home Office so it is likely to take longer.

And keep in mind that you can't ask for an update on the case for six months from the date of application (you can ask for an update, but you will get a standard response).

And as mentioned earlier, there is no fast-track British citizenship application. In all probability, applying for discretion will likely slow it down further than the norm.

I think it would be far more prudent to speak to your manager and request that you are sent on that course in a year's time, by which time you will likely have become a British citizen in the normal course of events.

[Thomas25]

How to apply for Discretion? Is it a form or by sending an email?

I've heard there's something called Nationality Procedures: Priority Treatment Request, Any idea?

I'll quickly quote from @contorted_svy's post earlier.

If this helps making a decision, here are the rules for discretion on this requirement, from the guidance https://www.gov.uk/government/publicati ... accessible

Applicants under section 6(1) who have not been free from immigration time restrictions for 12 months
There is also discretion to waive this requirement in certain circumstances.

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 period of limited leave was less than 10 days at the beginning of the 12- month period

• the period of limited leave was between 10 and 90 days at the beginning of the 12-month period, and the applicant:
  
  meets all the other requirements
  
  has strong links with the UK through having established their home, property and family here

the period of limited leave was more than 90 days at the beginning of the 12- month period, and:

• the applicant meets all the other requirements
  
  the applicant has strong links with the UK through having established their home, property and family here
  
  there are compelling business or compassionate reasons to justify granting now

the period of limited leave was more than 10 days at the beginning of the 12- month period, and:

• the applicant does not meet all the other requirements
  
  has strong links with the UK through having established their home, property and family here
  
  there are compelling business or compassionate reasons to justify granting now
  
  there are exceptionally compelling circumstances.

If you think you meet the requirements, you can apply now. There is no difference between waiting for six months and applying now. The threshold changes at the 90 day before 12 months period, where you can give "exceptionally compelling circumstances", in addition to the "compelling business or compassionate reasons to justify granting now".

I think a compelling business reason would be more on the lines of why Easyjet (the business) needs you in particular (and not some other employee) to under go this training AND why it is impossible to do that on your current visa status.

As I mentioned earlier, such a case asking for discretion will almost certainly need to be escalated through the Home Office so it is likely to take longer.

And keep in mind that you can't ask for an update on the case for six months from the date of application (you can ask for an update, but you will get a standard response).

And as mentioned earlier, there is no fast-track British citizenship application. In all probability, applying for discretion will likely slow it down further than the norm.

I think it would be far more prudent to speak to your manager and request that you are sent on that course in a year's time, by which time you will likely have become a British citizen in the normal course of events.

[CR001]

Page 5 in the link below. This type of request can only be made under very specific conditions. I don't think 'training session in the US' would qualify.

https://assets.publishing.service.gov.u ... quests.pdf

[contorted_svy]

Based on the guidance I quoted above, to have a chance you would need to wait until you have been at least 9 months on ILR.