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Applying for citizenship before one Year after ILR stamp

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

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

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az2012
Newly Registered
Posts: 6
Joined: Fri Jul 06, 2012 11:46 am

Applying for citizenship before one Year after ILR stamp

Post by az2012 » Tue May 14, 2013 11:19 pm

Hi,
I am going to apply for UK citizenship for myself and my three dependents (my wife and two children) at the same time.
Here is a summary of our status:
Our Tier 1 were due to expire on 15 Dec 2012.
We applied for ILR via post, sent documents to UKBA on 04/02/2012
We received our passports with ILR stamp in Aug 2012 - ILR to us were issued on 07/08/2012 (took more than 6 months)

Now according to the following found on UKBA site, it means that I can apply for citizenship sometime between 09/05/2012 to 28/07/2012 (which is 90 days and 10 days before ILR stamp on 07/08/2012).
Does it mean I can apply between those two dates considering I am applying before completing one year period after ILR stamp?

thanks
Arvin

Section 7.5 UKBA "The residence requirements" documents found on http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

7.5 Discretion to disregard immigration time restrictions in the final 12 months may normally
be exercised if: a. at the date of application, the applicant has had less than 12 months
free of conditions but has been free of conditions for more than 12 months by the time the
application is considered, provided the other requirements are met;

c. the period of limited leave was less than 10 days at the beginning of the 12 month period
before the date of application consideration of an application for indefinite leave to remain,
made more than 15 months before the citizenship application, had been protracted through no
fault of the applicant, providing ILR was eventually granted.

Amber
Moderator
Posts: 17506
Joined: Tue Jan 15, 2013 11:20 am
Location: England, UK
Mood:
United Kingdom

Re: Applying for citizenship before one Year after ILR stamp

Post by Amber » Wed May 15, 2013 6:00 am

az2012 wrote:Hi,
I am going to apply for UK citizenship for myself and my three dependents (my wife and two children) at the same time.
Here is a summary of our status:
Our Tier 1 were due to expire on 15 Dec 2012.
We applied for ILR via post, sent documents to UKBA on 04/02/2012
We received our passports with ILR stamp in Aug 2012 - ILR to us were issued on 07/08/2012 (took more than 6 months)

Now according to the following found on UKBA site, it means that I can apply for citizenship sometime between 09/05/2012 to 28/07/2012 (which is 90 days and 10 days before ILR stamp on 07/08/2012).
Does it mean I can apply between those two dates considering I am applying before completing one year period after ILR stamp?

thanks
Arvin

Section 7.5 UKBA "The residence requirements" documents found on http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

7.5 Discretion to disregard immigration time restrictions in the final 12 months may normally
be exercised if: a. at the date of application, the applicant has had less than 12 months
free of conditions but has been free of conditions for more than 12 months by the time the
application is considered, provided the other requirements are met;

c. the period of limited leave was less than 10 days at the beginning of the 12 month period
before the date of application consideration of an application for indefinite leave to remain,
made more than 15 months before the citizenship application, had been protracted through no
fault of the applicant, providing ILR was eventually granted.
In both cases you are relying on discretion, this ought to be successful. However, to ensure success you would need to apply 12 months after settlement. Moreover, you must have been physically present in the UK 5 years prior to the ho receiving your application. As well as meeting the other requirements.
**this forum is not intended to be a substitute for professional advice**
Click here to send me a PM regarding an offensive post. Do NOT PM me for immigration advice.

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