Chapter 18 Annex B paragraph 7.5(g) of the BNA 1981

[BCMN1]

@Aryan2013,

Thanks for posting this timeline here.

[Ged]

Guys thanks for the update.

I was going through timelines and I came across this, which I have copied and pasted below. It seems that 7.5g is a hit/miss case as with other things with UKVI. It depends on your luck/caseworker, I guess.

Ged, have you already applied using 7.5g?

Postby tchy » Wed Mar 12, 2014 2:22 am
Application Timeline :
Eligibility criteria: 5 Years HSMP & Tier1 + 8 Months ILR (Chapter 18, 7.5 (g) discretion used due to ILR application delayed 7+ months)
Language criteria: Life in the UK test + B1 from Trinity
Method of application: Post RM Special (Joint application 2 AN + 1 MN1)
Date of application: 14/01/2014
Date of receipt by UKBA: 15/01/2014 (RM Tracking)
Method of payment: Cheque
Date of debit of fees: 03/02/2014
Date of receipt of acknowledgement: 29/01/2014 (dated 28/01/2014)
Date of receipt of approval: 11/03/2014 (dated 07/03/2014)
Date of Ceremony: Waiting...

It is good to see such specific success stories. This is the second successful result achieved through 7.5(g) as far as I am aware. I believe there is increasing awareness in UKVI about this clause. I too applied using the same clause and received my acknowledgement letter very fast. Both the fee deduction and the letter was done in 10 days of NCS application. Since this all happened a bit more than a month ago, I should be getting my result very soon, unless BCMN1 was right about the 7.5(g) being a myth.

[Spidery_thread]

7.5g is only applicable when an application gets to a caseworker as this discretion lies in the hands of AO(Administrative Officer, in common words CaseWorker).

If delay occurs in terms of character checks and by the time application reaches caseworker, one may have completed 12 months holding ILR. After this point the application becomes a normal application.

I know its frustrating but Ms. Rapson needs to do a major reform rather than just changing the website and phone number of the agency.

[Aryan2013]

You are welcome BCMN1.

Best of luck @Ged and @BCMN1 for your applications. I wish your applications are approved ASAP.

Just wanted to know did you guys wrote any cover letter specifically mentioning 7.5g clause, if yes, will you guys be kind enough to share with us so that it will help us as well.

@Aryan2013,

Thanks for posting this timeline here.

[Ged]

You are welcome BCMN1.

Best of luck @Ged and @BCMN1 for your applications. I wish your applications are approved ASAP.

Just wanted to know did you guys wrote any cover letter specifically mentioning 7.5g clause, if yes, will you guys be kind enough to share with us so that it will help us as well.

@Aryan2013,

Thanks for posting this timeline here.

There is a page in nationality application form where you can explain any aspects of the requirements you did not satisfy (page 13 "Further Information" section). This is where you can make reference to Chapter 18 Annex B paragraph 7.5(g) of the BNA 1981 and ask for the discretion.
Also in page 14 there is the section 6.7 titled "Special circumstances - which requirements do you think you fail to meet and what are the special circumstances? (continue on page 13 if necessary).
I think it is worth explaining that the delay in ILR application was not your own fault.

[Aryan2013]

If delay occurs in terms of character checks and by the time application reaches caseworker, one may have completed 12 months holding ILR. After this point the application becomes a normal application.

Do we have any ref. for the above text or may be seniors like Vinny, Amber may throw some light on the process?

[Spidery_thread]

Ms. Donna, Nationality Policy Advisor is the reference. I don't have any contact details as yet.

[Aryan2013]

Thank you guys.
I may take chances as its only around 40 working days before I complete a year holding ILR.

[Damanisshallo]

Hi Damanisshallo,

Hope you must have received the response by now. Will you be kind enough to share with us the outcome and the email add of UKVI from the response team.

Cheers!

I've received a letter from the newly formed UK Visas & Immigration apologizing for the delay caused in dealing with my complaint (Not application) lodged with them after waiting for more than 7 1/2 months and confirming that they've looked into my complaint lately and learnt that I've now been issued with an ILR and that they are closing my complaint apparently.

My next step will be, to write to them attaching this letter (which I've received) asking them to confirm whether the delay in dealing with my application was caused purely due to the overwhelming applications they've received and not of my fault.

I'm hoping to get a response (If at all I get one) within the next 2 months so that I can use this against my Naturalisation Application under Para 7.5g


Out of context, what is Diamond Member means??????

From: Damanisshallo
Sent: 17 June 2013 19:12
To: Nationality enquiries UKBApublicenquiries@UKBA.gsi.gov.uk
Subject: Discretion to disregard immigration time restrictions in the final 12 months

Dear Sirs,


The policy on the UKBA site bearing URL http://www.ukba.homeoffice.gov.uk/siteco... states the below

Chapter 18: Naturalisation at discretion Annex B

The residence requirements

7.5 Discretion to disregard immigration time restrictions in the
final 12 months may normally be exercised if:

g. 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. This can include applications for asylum
which have resulted in the grant of ILR (you should note that any
asylum cases granted on or after the 30 August 2005 will not result
in ILR, applicants will instead be given limited leave) ; or

From the above quote, could you please provide me with the below.



I Damanisshallo, had made an application for settlement under 10 Yrs Long Residency Route on 11/Oct/2012 and successfully submitted my bio-metric information on 15/Dec/2012. My application was successful and the ILR was issued on 29/May/2013 which took around 7 Months 20 days. This delay was caused with no fault of mine and it was solely due to the increased volume of applications received by the UKBA.

My question is, when is the earliest I can apply for Naturalisation. It'd be great, If you can provide me with a date.

I look forward to hear from you in this regards.

Many Thanks

Dear Damanisshallo,

Thank you for your enquiry. Please accept our apologies for the delay in replying.

One of the requirements for naturalisation as a British citizen is that you are free from Immigration time restrictions when you apply. In addition, unless married to or the civil partner of a British citizen, you should normally have held this status for at least 12 months before applying for naturalisation.

Therefore, if you are married to or the civil partner of a British citizen, you may apply for naturalisation at any time – provided you meet all requirements.

If you intend to submit an application based on 5 years residence, then any application submitted prior to 29 May 2014 is unlikely to be successful.

From the information you have provided there would not appear to be any grounds for discretion to be exercised in waiving this requirement.

Regards

Customer Service Advisor AO5
FurtherNationalityEnquiries@homeoffice.gsi.gov.uk
Home Office
UK Visas and Immigration
North West Responder Hub
Department 16
The Capital Building
New Hall Place
Liverpool
L3 9PP

[Spidery_thread]

Similiar Reply was sent to me:

Dear **,
 
Chapter 18 Annex B of the nationality guidance is used by nationality caseworkers when considering applications for British citizenship made under section 6(1) of the British Nationality Act 1981 (BNA 1981). Under this provision of the BNA 1981 applicants must meet a number of residential requirements including, amongst others:
 
not, at any other time in the 12 month period ending with the date of the application, subject under the immigration laws to any restriction on the period of stay in the UK.
As you correctly state, the Secretary of State does have the discretion to disregard immigration time restrictions in the final 12 months if, 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. This policy is covered in Chapter 18 Annex B paragraph 7.5 (g) of the Nationality guidance.

However, as detailed below, as neither of your applications for Indefinite Leave to Remain can be considered to have been protracted the Secretary of State will be unable to exercise discretion under paragraph 7.5(g) in any citizenship application you may wish to make. As a result, an application for British citizenship received before 7 February 2014 is unlikely to be successful.

Regards

Mrs C R

[Aryan2013]

Thanks guys for the response above, its interesting!

My understanding is HO wants us to wait 12 months but if we do apply before that they may use discretion purely depending on our luck/caseworker and in any case if those 12 months pass by while the application is with them, they have to approve the application anyway, provided everything is in order apart from 12 months issue.

Guys, is it fair to assume the above?

[Aryan2013]

One more success story

I am wondering why HO keep telling porkies about 7.5g while approving applications using the same 7.5g

Hi

Eligibility criteria: 10 yrs + 8 months (Section 7.5 g discretion)
Language criteria met :UK Degree + IELTS 9.0
Method of application: NCS Preston
Date of application: 21/01/2014
Payment method CC/DC: Credit Card
Date of receipt by UKBA: 22/01/2014
Date of acknowledgement: 28/01/2014
Date of debit or clearance of fees: 30/01/2014
Date approval received: 13/03/2014 (Dated 09/03/2014)
Date of ceremony: 14/03/2014 (Private)

Finally got my approval. Good luck to the rest.

Regards,

Abbey

[Ged]

For your information, my 7.5(g) based application has also been approved. I think now there is enough success stories for everyone to use this option reasonably confidently (did I say confidently?!). Last year, my ILR application took 6 months and 25 days. So it was only protracted by 25 days. I encountered some problems during the NCS appointment, and had to write a complaint letter, but otherwise, the application went rather smoothly, and came back fast. Here is the timeline:

Eligibility criteria : 10 years long stay + 9 months ILR
Method of application: NCS
Date of application: 24-01-2014
Date of receipt by UKBA: 27-01-2014
Date of acknowledgement : 07-02-2014
Date of debit of fees: 05-02-2014
Date of approval: 20-03-2014 (Dated 15-03-2014)
Date of Ceremony: 08-04-2014

Please make sure that the delays in your ILR was not your own fault. Beyond that, there is also a risk of falling into the hands of an ignorant caseworker. Otherwise, I believe, "the Chapter 18 Annex B paragraph 7.5(g) of the BNA 1981" is a safe option, since I am the third successful applicant that I am aware of. If you used this clause and your application has not been responded yet, do not panic, as 7.5(g) is not a myth.

God save the Queen and may Freddie Mercury rest in piece. Now I can put myself a good tea and destroy it by adding some milk on it since I am British. .

Bye...

[BCMN1]

Alhumdulillah, My application for Naturalisation has been successful.

Approval letter received today by Special Delivery dated: 30 April 2014.

Many many thanks for all the support. Specially from Amber....you are a star....

[Ged]

Alhumdulillah, My application for Naturalisation has been successful.

Approval letter received today by Special Delivery dated: 30 April 2014.

Many many thanks for all the support. Specially from Amber....you are a star....

I am glad that your troubles are now over.

[BCMN1]

I appreciate your kind support, thanks.

[Amber]

Congratulations!

[BCMN1]

Many thanks & Kind regards Amber...

[mianswat]

Hi All,
i got my approval based on this as well

Date of Application: 12/03/2014
Date of Approval: 02/05/2014

My ILR application took 12 months, delay was due to no fault of mine

Good luck to everyone

[ranadawood]

Hi All,

I am also planning to apply under the same rule. Is anyone have any kind of sample cover letter explaining all this in details or any statement for putting in 6.8 ?

Thanks for your help guys