Can I apply for Naturalisation With Less Than 12 Months on ILR ( Non- British Spouse)

[dapsandhugs]

I came across this guidance on UKVI Website.


Applicants under section 6(1) who have not been free from
immigration time restrictions for 12 months
Applicants under section 6(1) of the 1981 act are also required to have been free
from immigration time restrictions for the remainder of this period. There is however
discretion to waive this requirement.
Discretion to disregard immigration time restrictions in the 12 months prior to
application can be exercised if one of more of the following is met:
• the applicant had less than 12 months free from conditions when they applied,
but meets the requirement by the time you consider the application and all the
other requirements are met
• the applicant had been put on conditions when returning to the UK, but has
since established that they were a returning resident or exempt from control
• the period of limited leave was less than 10 days at the beginning of the 12
month period
• the period of limited leave was between 10 and 90 days at the beginning of the
12 month period, and the applicant:
o meets all the other requirements
o has strong links with the UK through having established their home, property
and family here
• the period of limited leave was more than 90 days at the beginning of the 12
month period, and:
o the applicant meets all the other requirements
o the applicant has strong links with the UK through having established their
home, property and family here
o there are compelling business or compassionate reasons to justify granting
now

[AmazonianX]

I came across this guidance on UKVI Website.


Applicants under section 6(1) who have not been free from
immigration time restrictions for 12 months
Applicants under section 6(1) of the 1981 act are also required to have been free
from immigration time restrictions for the remainder of this period. There is however
discretion to waive this requirement.
Discretion to disregard immigration time restrictions in the 12 months prior to
application can be exercised if one of more of the following is met:
• the applicant had less than 12 months free from conditions when they applied,
but meets the requirement by the time you consider the application and all the
other requirements are met
• the applicant had been put on conditions when returning to the UK, but has
since established that they were a returning resident or exempt from control
• the period of limited leave was less than 10 days at the beginning of the 12
month period
• the period of limited leave was between 10 and 90 days at the beginning of the
12 month period, and the applicant:
o meets all the other requirements
o has strong links with the UK through having established their home, property
and family here
• the period of limited leave was more than 90 days at the beginning of the 12
month period, and:
o the applicant meets all the other requirements
o the applicant has strong links with the UK through having established their
home, property and family here
o there are compelling business or compassionate reasons to justify granting
now

What is your question and you have not indicated which applies to you in what you quoted.

[dapsandhugs]

The question is in the topic headline. I have less than the 12 months (9 Months precisely) on ILR. Trying to understand the guidance only then can I pick which of the waiver applies to me.

[alterhase58]

No - you need to comply with the requirements, i.e. complete 12 months - what's the rush?
Refer to the guidance for applicants: https://www.gov.uk/government/publicati ... n-guidance

[AmazonianX]

The question is in the topic headline. I have less than the 12 months (9 Months precisely) on ILR. Trying to understand the guidance only then can I pick which of the waiver applies to me.

Subject and body.

Is not spouse, wait for till you get 12months post ILR.

[dapsandhugs]

The new Guidance update allows for waiver on less than 12 months on ILR. Reason I asked the question.

[alterhase58]

Can you please provide a link to the document/section you are quoting?
Reading this it sounds like guidance for caseworkers about discretion - which they may or may not apply.
The guidance for applicants has not changed.

[dapsandhugs]

Here is the link: https://www.gov.uk/government/publicati ... y-guidance

[alterhase58]

This is caseworker guidance. The guidance for applicants has not changed.
With only three months to go I don't see any point in trying to get a decision based on discretion when you can apply soon without having to work out what may apply to you.

[secret.simon]

To answer your question, yes, you can apply for naturalisation with less than 12 months on ILR. It is however unlikely to be successful.

The purpose of discretion is that it would be exercised if you can make an argument for it to be exercised. So, in this case, what is your argument for why discretion should be exercised in your case?

[dapsandhugs]

Thanks for your response. I think your statement refers to the last point on the waiver guidance. What about the other points that has nothing to do with arguments or compelling or compassionate reasons?.

I'm only trying to get a better understanding of the waiver and then weigh my options before applying.

The waiver is not all about compelling reasons or arguments. Is it?

[secret.simon]

The waiver is not all about compelling reasons or arguments. Is it?

As I understand it, every exercise of discretion is to be based on an argument for it. A blanket application of discretion in every single case would not be discretion, it would be alteration/bypassing of the law. So a discretion would/should only be exercised if there is a reason to exercise that discretion.

Simply put, discretion is...well, discretionary. It is not automatic in application.

[dapsandhugs]

I was thinking that for each of the 5 points stated as long as you meet one or more of those points then discretion can be applied.

The first 4 points are very clear with no compelling or compassionate wordings attached to it. Only point 5 does have it.

I doubt if the discretion waiver existed before now and even if it did exist, the new guidance has highlighted when and where it should be applied. Definitely not a blanket of outright refusal, otherwise the purpose of the entire waiver would be defeated.
That's my view, I hope more people can express their interpretation of the new guidance.

Thanks for your kind response.

[alterhase58]

I'm only trying to get a better understanding of the waiver and then weigh my options before applying.

It's good to consider your options you may have - personally I would go for the point in time when you don't have to weigh up options, in three months in this case.