Naturalisation application/ Residency requirement discretion

[jefstudent]

Dear All,

I was married to a British National on June 2009 but just recently received my ILR on SET (M) basis and now I am looking to apply for naturalisation.

I am ok with all the other requirements for Naturalisation apart from the residency requirement as I was in UK for past 3 years but at the start of 3 years I had overstayer status for about 8 months becuase my application for FLR(M) was pending and then for 4 months of the first ( 3 years ) I was away from UK so that I could apply for Spouse Visa from my home country.

Now according to home office requirements I have to wait for another year after my ILR so that I can apply for Naturalisation but I found out that Home office website under following link

http://www.ukba.homeoffice.gov.uk/sitec ... chapter18/


Under para 6(2) it says dicretion can be allowed for spouses of British citizen who were married for over 3 years .

Can anyone please help. Will that be good idea for applying of Naturalisation under that.


Thanks

[vinny]

Hi,

Thanks for your reply.

I arrived in UK in 2002 on a visa. However, I overstayed after May 2006 and then submitted my COA (certificate of approval) permission to marry application in around 2008 which was granted in Mar 2009 and then I submitted my FLR (M) application whilst in the country on around June 2009 after official marriage ceremony in Registrar office.

However, on May 2011 , Home Office asked me to return to the country of origin and apply there for entry clearance which I did and I returned back to UK on October 2011.

And today, I was granted ILR on SET (M) basis.

Now , considering my story mentioned above, what would you suggest?

Do you think its good to apply with this immigration history and will HO take that into account interms of my Naturalisation application.

Has anyone else on this forum has come across same situation.

Please advise.

Thanks

So you were on only on 'legal stay' from 2011 when you returned to the UK? If so, you'll have to wait until 2014.

[vinny]

Agree with Amber. Probably safest to apply from Oct 2014, 3 years after your return to the UK, provided you still meet the other requirements.