apply for ctizenship , free of immigration 8month

[ialacis]

hi

i was granted ilr ( 10 years basis) last year, and im thinking of applying for citizenship now( thats me 8 month on ILR) ,

i undrestand its a requirment to be free of immigraiton for 12month but i have started a new job and my job requires me to fly to usa toward end of this year, also there will be another trip next year,

1. i want to know chances of my application being successfull if i apply now
2. if my appplication is refused, will i be able to apply again? and wil it have some sort of negative impact on my next application?
3. other than lossng application fee what else should i could be losing ?
4. will ukba keep my foreign passport for duration of application processing ?

thank you

[Jambo]

The HO can apply discretion if you don't meet the 12 months requirement. See Discretion to disregard immigration time restrictions during the last 12 months.

Depending on your circumstances, you might fit one of the options. The first option might be tricky if you apply now as your application most likely would be considered in the next 4 months. The third one could be an option if you apply in one month time and have family here and/or bought a house in the UK.

If the application is refused because you didn't meet the requirements, you can apply again later. It has no affect apart of losing the application fee.

Why is the trip to the US relevant? Do you hope to be a BC by then so you can travel visa free?

If you apply via NCS you get to keep your documents (including the passport).

[ialacis]

The HO can apply discretion if you don't meet the 12 months requirement. See Discretion to disregard immigration time restrictions during the last 12 months.

Depending on your circumstances, you might fit one of the options. The first option might be tricky if you apply now as your application most likely would be considered in the next 4 months. The third one could be an option if you apply in one month time and have family here and/or bought a house in the UK.

If the application is refused because you didn't meet the requirements, you can apply again later. It has no affect apart of losing the application fee.

Why is the trip to the US relevant? Do you hope to be a BC by then so you can travel visa free?

If you apply via NCS you get to keep your documents (including the passport).

thanks for the prompt reply , whats does "we placed a time limit on your stay" mean? can you give an example.

i dnt have any immediate family member here, but have a close relative,and havent been back home since arrived here (thats 10+ years ago)

i arrived when i was 18, studied in uk university, have a decent senior level permanent job, well integrated into society and settled

[Jambo]

See 7.5.

It should not be relevant in your case I believe.

[ialacis]

under "Discretion to disregard immigration time restrictions during the last 12 months. "

there is a note says "here are compelling business or compassionate reasons to approve your application"
im going on business trip hence thought they might exercise this option and consider my aplication couple of month earlier,
if not will ukba actually return my application? or they wil store it somewhere and process it once full 12 month
is compete?

thanks

[Jambo]

You still didn't explain why the US trip is relevant. Why do you need to be a BC then? If this is to avoid having to get a visa, I would not think it is a compelling reason.

If you don't meet the requirement and discretion is not given, the application will be refused and you will lose the application fee. You could apply again once you meet the requirements (you will need to pay the fee again).

[ialacis]

You still didn't explain why the US trip is relevant. Why do you need to be a BC then? If this is to avoid having to get a visa, I would not think it is a compelling reason.

If you don't meet the requirement and discretion is not given, the application will be refused and you will lose the application fee. You could apply again once you meet the requirements (you will need to pay the fee again).

its so i can qualify for usa esta visa waiver program.

has anyone got link to latest application form? im going to give it a try ..
what kind of supporting doc will i be required from employer as evidence of business trip.

trip is due to take place in oct/nov , quick search revealed it can take sometime if i apply for us visa

thanks

[Jambo]

As I said, I don't think that avoiding the need for a visa is a compelling reason for the HO to apply discretion. But if you are happy to donate some money to the government, please go ahead.

Also, with the current timescales for naturalisation & passport applications, even if you apply tomorrow, you will probably not have a British passport in time for your your trip in Oct/Nov.

[spoiled brat]

sorry to hijack the thread

but i have a similar query of sorts, my Cousin is due to apply for Naturalization in October (got his ILR, last year in October, based on 10 yr long term) however his situation is a little different to ialacis..

for example :

1: He has his brother (Bristish citizen) , mother and sister ( already applied for Naturalization) and waiting outcome , already settled in UK.

he has been in UK from 11 years plus and hardly ever left UK, will all the above make a reasonable case for him to apply for Naturalization now instead of waiting till October ?


Thanks in advance Jambo and all other respected members replying to this query.

[Jambo]

sorry to hijack the thread

but i have a similar query of sorts, my Cousin is due to apply for Naturalization in October (got his ILR, last year in October, based on 10 yr long term) however his situation is a little different to ialacis..

for example :

1: He has his brother (Bristish citizen) , mother and sister ( already applied for Naturalization) and waiting outcome , already settled in UK.

he has been in UK from 11 years plus and hardly ever left UK, will all the above make a reasonable case for him to apply for Naturalization now instead of waiting till October ?


Thanks in advance Jambo and all other respected members replying to this query.

Read the two links I posted in the thread. If he meets one of the options mentioned, he can apply at discretion. But if he waited for so long, I would wait a few more months and apply without discretion.

[I-L-R-2011]

Hi Seniors and Gurus,

I am trying to understand the term used below in under the paragraph 7.5: “Discretion to disregard immigration time restrictions in the final 12 months may normally be exercised if:”

“the period of limited leave was between 10 and 90 days at the beginning of the 12 month period "

As per my understanding the limited leave(Tier1 general) was expired before the approval of ILR and the gap between limited leave and ILR approval is 10 and 90 days.

Is my understanding right about the above statment? If not please help me understand the statement?

Thanks

[Jambo]

Hi Seniors and Gurus,

I am trying to understand the term used below in under the paragraph 7.5: “Discretion to disregard immigration time restrictions in the final 12 months may normally be exercised if:”

“the period of limited leave was between 10 and 90 days at the beginning of the 12 month period "

As per my understanding the limited leave(Tier1 general) was expired before the approval of ILR and the gap between limited leave and ILR approval is 10 and 90 days.

Is my understanding right about the above statment? If not please help me understand the statement?

Thanks

No. This just means that you have applied for naturalisation between 9 months to 11 months & 20 days after ILR date so you are between 10 to 90 days short to complete 1 year after ILR.

Please note there are conditions attached with discretion in this case (meeting the other requirements, establish family & estate etc).

[ialacis]

UKBA says we will use descrition "you have been free from immigration time restrictions for at least 12 months by the date when we consider your application; or"

what does "by the date when we consider" means here, is it

Date application receipt by UKBA:
Date of debit of fees:
Date of receipt of acknowledgment:
or the day before approval:

thanks

[I-L-R-2011]

Thanks for your reply Jambo,

My I intention is to apply for naturalization after 9th month of ILR issue date, and for that I wanted to use this discretion:7.5"Discretion to disregard immigration time restrictions in the final 12 months may normally be exercised if"

And thats the reason I am trying to understand the term"the period of limited leave was between 10 and 90 days at the beginning of the 12 month period "

Can you please throw some light on it.

Thanks,

[Jambo]

UKBA says we will use descrition "you have been free from immigration time restrictions for at least 12 months by the date when we consider your application; or"

what does "by the date when we consider" means here, is it

Date application receipt by UKBA:
Date of debit of fees:
Date of receipt of acknowledgment:
or the day before approval:

thanks

None of the above. The day they consider the application means the day the case worker reviews the application and makes a decision.

[Jambo]

Thanks for your reply Jambo,

My I intention is to apply for naturalization after 9th month of ILR issue date, and for that I wanted to use this discretion:7.5"Discretion to disregard immigration time restrictions in the final 12 months may normally be exercised if"

And thats the reason I am trying to understand the term"the period of limited leave was between 10 and 90 days at the beginning of the 12 month period "

Can you please throw some light on it.

Thanks,

Lets try with an example.

Lets say you were Tier-1 holder, applied for ILR and this was granted on 01/07/2012 (it's the date on the sticker/BRP that matters. not when you applied). To meet the 12 months requirements, you will need to apply for naturalisation on or after 01/07/2013.

If you apply on 21/06/2013, then 12 months back would be 21/06/2012. On that date, you didn't have ILR. However, you only had 10 days of limited leave (Tier-1) remaining on that date (as ILR was granted 10 days after).

If you apply on 02/04/2013, then 12 months back would be 02/04/2012. On that date, you didn't have ILR. However you had only 90 days of limited leave (Tier-1) remaining.

So applying between 02/04/2013 and 21/06/2013 would mean you meet the requirement.


I however don't understand the rush to apply. It's better to apply without discretion of the HO as the chances of approval are higher. You have waited several years already, why to risk the £850 fee for only 3 more months.

Also, as it seems that the process time of applications is a bit random, applying 3 months early with a discretion would not guarantee a decision three months earlier.

[ialacis]

UKBA says we will use descrition "you have been free from immigration time restrictions for at least 12 months by the date when we consider your application; or"

what does "by the date when we consider" means here, is it

Date application receipt by UKBA:
Date of debit of fees:
Date of receipt of acknowledgment:
or the day before approval:

thanks

None of the above. The day they consider the application means the day the case worker reviews the application and makes a decision.

is thats likely to be sometime after acknowledgment letter sent out and before approval sent out? is it possible to guesstimate how long it will take for an application to reach "the case workders decision making day" based on current application processing time?

thanks guru

[I-L-R-2011]

Thanks for your reply Jambo,

My I intention is to apply for naturalization after 9th month of ILR issue date, and for that I wanted to use this discretion:7.5"Discretion to disregard immigration time restrictions in the final 12 months may normally be exercised if"

And thats the reason I am trying to understand the term"the period of limited leave was between 10 and 90 days at the beginning of the 12 month period "

Can you please throw some light on it.

Thanks,

Lets try with an example.

Lets say you were Tier-1 holder, applied for ILR and this was granted on 01/07/2012 (it's the date on the sticker/BRP that matters. not when you applied). To meet the 12 months requirements, you will need to apply for naturalisation on or after 01/07/2013.

If you apply on 21/06/2013, then 12 months back would be 21/06/2012. On that date, you didn't have ILR. However, you only had 10 days of limited leave (Tier-1) remaining on that date (as ILR was granted 10 days after).

If you apply on 02/04/2013, then 12 months back would be 02/04/2012. On that date, you didn't have ILR. However you had only 90 days of limited leave (Tier-1) remaining.

So applying between 02/04/2013 and 21/06/2013 would mean you meet the requirement.


I however don't understand the rush to apply. It's better to apply without discretion of the HO as the chances of approval are higher. You have waited several years already, why to risk the £850 fee for only 3 more months.

Also, as it seems that the process time of applications is a bit random, applying 3 months early with a discretion would not guarantee a decision three months earlier.

Thanks Jambo, now I clearly understand about the term used in discretion 7.5

Could you please kind enough to analyze my time lines and let me know the probable date to apply for naturalization using the 7.5 discretion?

• Applied for ILR on 31/08/2011 through post and recieved by UKBA on 01/09/2011
  • Tier 1 visa expired on 27/09/2011
    • ILR approved on 19/01/2011
      • ILR application took 145 days to process
        
        Thanks,

[Jambo]

is thats likely to be sometime after acknowledgment letter sent out and before approval sent out? is it possible to guesstimate how long it will take for an application to reach "the case workders decision making day" based on current application processing time?

thanks guru

Check the timeline sticky. Many posts there include the date on the approval letter. I presume the decision date is probably the same day or a few days before.

No one can predict how long it would take the HO to reach a decision when you apply. Why to take a risk? Apply when you meet the requirements.

[Jambo]

Thanks Jambo, now I clearly understand about the term used in discretion 7.5

Could you please kind enough to analyze my time lines and let me know the probable date to apply for naturalization using the 7.5 discretion?

• Applied for ILR on 31/08/2011 through post and recieved by UKBA on 01/09/2011
  • Tier 1 visa expired on 27/09/2011
    • ILR approved on 19/01/2011
      • ILR application took 145 days to process
        
        Thanks,

So you will meet this specific requirement on 19/01/2013 (I presume the 2011 you wrote was a typo).

Now it depends which point from 7.5 you want to base the discretion on. If it is D, then you can apply on 21/10/2012. However, please note that you need to make sure you meet all the other requirements and you will need to demonstrate you have established home, family and substantial part of your estate in the UK. Would be better to wait until January.

[I-L-R-2011]

Thanks Jambo, now I clearly understand about the term used in discretion 7.5

Could you please kind enough to analyze my time lines and let me know the probable date to apply for naturalization using the 7.5 discretion?

• Applied for ILR on 31/08/2011 through post and recieved by UKBA on 01/09/2011
  • Tier 1 visa expired on 27/09/2011
    • ILR approved on 19/01/2011
      • ILR application took 145 days to process
        
        Thanks,

So you will meet this specific requirement on 19/01/2013 (I presume the 2011 you wrote was a typo).

Now it depends which point from 7.5 you want to base the discretion on. If it is D, then you can apply on 21/10/2012. However, please note that you need to make sure you meet all the other requirements and you will need to demonstrate you have established home, family and substantial part of your estate in the UK. Would be better to wait until January.

Sorry its my typo (ilr approved 19/01/2012)

When you say "demonstrate you have established home, family and substantial part of your estate in the uk"

is that mean owning/renting home (with out public funds), and setup family here?

and can you please elaborate on "substantial part of your estate"?

Thanks,

[Jambo]

Sorry its my typo (ilr approved 19/01/2012)

When you say "demonstrate you have established home, family and substantial part of your estate in the uk"

is that mean owning/renting home (with out public funds), and setup family here?

and can you please elaborate on "substantial part of your estate"?

Thanks,

Owning a house (mortgage is fine). Having your family here (if you have setup a family). Having a large part of your saving/assets in the UK.

Each case is different and the CW will apply discretion if he feels that you have demonstrated that.

[I-L-R-2011]

Sorry its my typo (ilr approved 19/01/2012)

When you say "demonstrate you have established home, family and substantial part of your estate in the uk"

is that mean owning/renting home (with out public funds), and setup family here?

and can you please elaborate on "substantial part of your estate"?

Thanks,

Owning a house (mortgage is fine). Having your family here (if you have setup a family). Having a large part of your saving/assets in the UK.

Each case is different and the CW will apply discretion if he feels that you have demonstrated that.

Thanks you very much for you qucik response Jambo..!

does it make less impact if we doesn't own the home but renting home since last 6 years? and does it make +point if one hasn't exited UK not more than 35 days in last 6 years?

[Jambo]

Thanks you very much for you qucik response Jambo..!

does it make less impact if we doesn't own the home but renting home since last 6 years? and does it make +point if one hasn't exited UK not more than 35 days in last 6 years?

Naturally renting is seen less permanent than owning a property. A low number of absences can be seen a positive point that you have made the UK your home. I have no idea how the CW would view all of this.

As I said, better to wait for January.

[I-L-R-2011]

Thanks you very much for you qucik response Jambo..!

does it make less impact if we doesn't own the home but renting home since last 6 years? and does it make +point if one hasn't exited UK not more than 35 days in last 6 years?

Naturally renting is seen less permanent than owning a property. A low number of absences can be seen a positive point that you have made the UK your home. I have no idea how the CW would view all of this.

As I said, better to wait for January.

Thanks Jambo for your support...! much appreciated.