Waiving 12 months free restriction after ILR

[yamoo]

Hi All,
I have just secured my ILR after 5yrs in uk.With the Naturilization requirement, do I have to wait another 12months to apply for naturalisation? I can see on the UKBA site that they can waive the 12months restriction free period at their own descretion which could be based on personate and/or business reasons.Has anyone been considered under this descretion or is there any one in this forum that could share his /her experience with someone who has filed application based on this discretion?

An by the way, is there any one that feel or have the same concern about this 6(six) journey which we inheritted because ILR period was shifted from 4yrs to 5yrs? It will appear that when ILR qualifying period was 4yrs,Naturalisation was set to 5yrs on the understanding that one would have been freed of restriction for 12months after ILR. And that is what was inheritted when Ilr period was changed to 5yrs or can someone point out any section or guide that says Naturalisation is 6yrs?

This to me makes it look indifference from the change planned(under labour) to commence July 2011 where you spend 5yrs then move to probation(a yr minimum) and the British P.

I may be wrong but this is just my view and perhaps I need others opinion.

But most importantly, i need advise on whether to go ahead and apply under the discretion ground?

thanks all.

[blue.olive]

Hi All,
I have just secured my ILR after 5yrs in uk.With the Naturilization requirement, do I have to wait another 12months to apply for naturalisation? I can see on the UKBA site that they can waive the 12months restriction free period at their own descretion which could be based on personate and/or business reasons.Has anyone been considered under this descretion or is there any one in this forum that could share his /her experience with someone who has filed application based on this discretion?

An by the way, is there any one that feel or have the same concern about this 6(six) journey which we inheritted because ILR period was shifted from 4yrs to 5yrs? It will appear that when ILR qualifying period was 4yrs,Naturalisation was set to 5yrs on the understanding that one would have been freed of restriction for 12months after ILR. And that is what was inheritted when Ilr period was changed to 5yrs or can someone point out any section or guide that says Naturalisation is 6yrs?

This to me makes it look indifference from the change planned(under labour) to commence July 2011 where you spend 5yrs then move to probation(a yr minimum) and the British P.

I may be wrong but this is just my view and perhaps I need others opinion.

But most importantly, i need advise on whether to go ahead and apply under the discretion ground?

thanks all.

hi
What is your reason for requesting sec of state to waive off ur restriction.
you have to give reason
regards
olive

[iyanu]

Hi yamoo,

Yes you have to wait until 12 months and/or after ILR before you can apply for BC or Naturalization.

The reason is because of the set 'IMMIGRATION TIME RESTRICTION' in the giude, see below:
You must be free from immigration time restrictions when you apply for naturalization. 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 not for the above restriction, it would have been possible to immediately apply for Naturalization once you have completed 5 years residency with ILR.

Also, just like the question posted by Blue.Olive...you need to have a very strong reason for a waive of immigration time restriction to be granted, as you can see above you've got to fulfill the requirements even if you are eligible.