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thms · Post by **thms** » Sun Oct 17, 2010 3:09 pm

I wonder if someone can help. I got my ILR in march 2010 but applied back in september 2009. Do I have to wait until march 2011 to apply for British citizenship or does my time start counting from September 2009?

Post by **geriatrix** » Sun Oct 17, 2010 4:33 pm

thms wrote:does my time start counting from September 2009?

March 2010 onwards.

regards

Post by **Casa** » Sun Oct 17, 2010 5:40 pm

Sushdmeheta, doesn't this depend on what category of ILR? For example Spouse is 3 years legal residence, not from when the ILR is actually issued.

Post by **geriatrix** » Sun Oct 17, 2010 5:49 pm

The way the query is phrased I did assume (perhaps wrongly) that OP was enquiring about the clock start date in terms of "being free from immigration time restrictions for a year".

If the OP can share his/her immigration history, the query can be answered more appropriately.

regards

Post by **geriatrix** » Sun Oct 17, 2010 6:01 pm

It seems that the OP was granted settlement under the 10 year long residence category.

regards

taliska · Post by **taliska** » Thu Oct 21, 2010 9:55 pm

sushdmehta wrote:March 2010 onwards.

regards

sushdmehta has corrected the original answer...It is MARCH 2011, the OP can apply, not a day before the year

thms · Post by **thms** » Fri Oct 22, 2010 12:49 pm

Thanks guys for your inputs. I have however discovered from the Home office website that I am able to apply in december 2010.

It says that in cases where there was delay in processing an ILR application due to no fault of the applicant, such applicant can apply for naturalisation as a british citizen 15 months from the date of the ILR application. In essence, if an application for ILR was submitted and due to no fault of the applicant, the UKBA did not grant it for 14 months, then the applicant is able to apply for naturalisation a month after.

Post by **geriatrix** » Fri Oct 22, 2010 1:03 pm

thms wrote:Thanks guys for your inputs. I have however discovered from the Home office website that I am able to apply in december 2010.

Good for you!

Given the current ILR processing time (postal applications), guess almost everyone will benefit from this UKBA discretion.

Discretion to disregard immigration time restrictions during the last 12 months wrote:you made a successful application for indefinite leave to remain more than 15 months before your naturalisation application but the decision on your application was delayed due to something that was not your fault;

regards

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