Waiver about Immigration time restriction for naturalisation

[mahin1110]

Hi!
My naturalization is due on 7th November, 2008 based on my ILR granted on 7th Nov., 2007. I am not the spouse of any British Citizen. Home office guideline says they apply discretion (upto 3 months) regarding waiving immigration time restriction at the start of the 1 year ILR period if :
.....

1. "the period of limited leave was between 10 and 90 days at the beginning of the 12 month period, if other statutory requirements, including the other residence requirements, are met and the applicant has demonstrated established links through the presence here of home, family and a substantial part of estate"

Can someone help me explaining:

1. what is it mean by established home ? (I did not buy any home yet)
2. How often they apply the discretion?



Did anybody experience similar situation?

Many thanks

[dnicky]

Going by the dates you mentioned it's only a couple of months to go before you can apply for naturalisation.
Any particular reason why you want to apply earlier than the stipulated period thus remaining at descretion of UKBA?

[mahin1110]

I will be going abroad for about 6 months. If I don't get citizenship before that it will be difficult for me to complete the process e.g. attending the ceremony.

Many thanks

Going by the dates you mentioned it's only a couple of months to go before you can apply for naturalisation.
Any particular reason why you want to apply earlier than the stipulated period thus remaining at descretion of UKBA?

[whirly]

I will be going abroad for about 6 months. If I don't get citizenship before that it will be difficult for me to complete the process e.g. attending the ceremony.

Many thanks

Two thoughts:
1. Sorry to be a pessimist, but even if you manage to apply before November, you might still be waiting for an invitation to attend the ceremony when you go abroad. The HO waiting times are averaging around 6 months these days.

UKBA website waiting times for citizenship applications
Someone who applied in June 2008 should not expect to here [sic] from us before the end of December 2008.

When are you leaving?

2. Could you apply for citizenship abroad? I was under the impression that most British embassies offer the service. Maybe something to look into?

[mahin1110]

Thanks. I am not sure whether I can apply from abroad. Anybody got any previous experience regarding home secretary's discretion in this regard?

-----------------------------

I will be going abroad for about 6 months. If I don't get citizenship before that it will be difficult for me to complete the process e.g. attending the ceremony.

Many thanks

Two thoughts:
1. Sorry to be a pessimist, but even if you manage to apply before November, you might still be waiting for an invitation to attend the ceremony when you go abroad. The HO waiting times are averaging around 6 months these days.

UKBA website waiting times for citizenship applications
Someone who applied in June 2008 should not expect to here [sic] from us before the end of December 2008.

When are you leaving?

2. Could you apply for citizenship abroad? I was under the impression that most British embassies offer the service. Maybe something to look into?

[vinny]

Thanks. I am not sure whether I can apply from abroad. Anybody got any previous experience regarding home secretary's discretion in this regard?

See also Chapter 6: General Information > Chapter 6 (6.3.1.2).

[republique]

Hi!
My naturalization is due on 7th November, 2008 based on my ILR granted on 7th Nov., 2007. I am not the spouse of any British Citizen. Home office guideline says they apply discretion (upto 3 months) regarding waiving immigration time restriction at the start of the 1 year ILR period if :
.....

1. "the period of limited leave was between 10 and 90 days at the beginning of the 12 month period, if other statutory requirements, including the other residence requirements, are met and the applicant has demonstrated established links through the presence here of home, family and a substantial part of estate"

Can someone help me explaining:

1. what is it mean by established home ? (I did not buy any home yet)
2. How often they apply the discretion?



Did anybody experience similar situation?

Many thanks

even though you are leaving for awhile, there is no reason why you can't apply and leave. However someone must be able to receive the letter should they require you to attend the ceremony within a certain amt of time.
My only question is that when you apply earlier, as long as you were in the country 5 years on the same date give or take 5 days and your absences total no more than 90 days once you reach the anniversary of your ILR, then all is well and you would have saved yourself 3 months. I'd do it, because they are getting backed up and are farther behind than before.