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28 Oct changes & impact on applicants qualifying on week

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

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Sp}{!Nx
Newly Registered
Posts: 2
Joined: Tue Oct 01, 2013 1:03 pm

28 Oct changes & impact on applicants qualifying on week

Post by Sp}{!Nx » Tue Oct 01, 2013 1:07 pm

My family was granted ILR on Friday, 26 October 2012. It says on the
UKBA website that:

"For an application for citizenship to be considered under the pre 28
October requirements, the application will need to be received by UK
Visas & Immigration by Friday 25 October 2013 (the last working day
before the change)"

My query is whether I can send in my application early so that it is
received by UK Visas & Immigration before or on Friday 25 October 2013
so that it is considered under the pre 28 October requirements and
without being rejected on the basis of not completing the 1 year
period requirement between the ILR and time of citizenship
application.

Also, I am planning to use the nationality checking service and I am
not aware how much time they would take to send the application and
whether they would send it via first class post or not in which case I
would need to book an appointment with them early enough to ensure my
application reaches the UK Visas & Immigration week starting 21st
October 2013. Again, in this case, could there be any issues due to
non completion of the 1 year period between the ILR and application
for citizenship?

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Re: 28 Oct changes & impact on applicants qualifying on

Post by Jambo » Tue Oct 01, 2013 2:08 pm

There is discretion that the caseworker could apply in cases in which the 1 year requirement is not met. However, as this is discretion, there is no guarantee the caseworker would use it especially in cases in which the main reason for not meeting the requirement was in order to avoid a new requirement. You might be taking a big risk here. No idea.

Check with NCS directly how they post the applications. Each NCS does it differently.

Sp}{!Nx
Newly Registered
Posts: 2
Joined: Tue Oct 01, 2013 1:03 pm

Post by Sp}{!Nx » Tue Oct 01, 2013 3:16 pm

i am not sure if there is even a 1 year qualifying period before one can apply for citizenship after ILR. As part of the citizenship SET(O) requirements, it says that I should have been here 5 years which I have already been (on a work permit) before the ILR was granted. Could someone clarify please..

Jambo
Respected Guru
Posts: 8734
Joined: Fri Oct 02, 2009 11:31 am

Post by Jambo » Tue Oct 01, 2013 3:34 pm

SET(O)? I think you got confused.
Immigration time restrictions wrote: Immigration time restrictions

You must be free from immigration time restrictions when you apply for naturalisation. Unless you are married to or the civil partner of a British citizen, you should have been free from immigration time restrictions during the last 12 months of the residential qualifying period.

If you are free from immigration time restrictions, there will probably be a stamp or sticker in your passport saying that you have indefinite leave to enter or remain or no time limit on your stay
Although the residential requirement period for naturalisation is 5 years, it doesn't mean you can apply after 5 year of residence (unless you meet all the other requirements as well).

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