Discretion to disregard Immigration time restrictions

[superman555]

Can anyone help with some clarifications on the Home Office discretion to disregard immigration time restrictions during the last 12 months Of the residential qualifying period please?

As per the below link, the UKBA says "If you have not been free from time restrictions for 12 months, we will normally use our discretion to disregard this if:

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 for a reason that was not your fault.

http://www.ukba.homeoffice.gov.uk/briti ... trictions/

The reason why I'm asking is that I successfully applied for my ILR last year by post and it took the HO 5 months to decide the application.

So I'm now thinking of applying for naturalisation 3 months into the 5 months the application spent with the HO as that will make it 15 months but I wanted to know if anyone has done this or know someone who has done it before.

Grateful for your thoughts please

[Jambo]

it doesn't sound to me that you postal application has been delayed.

wait the two extra months and apply without discretion.

[Brighteyes]

Can anyone help with some clarifications on the Home Office discretion to disregard immigration time restrictions during the last 12 months Of the residential qualifying period please?

As per the below link, the UKBA says "If you have not been free from time restrictions for 12 months, we will normally use our discretion to disregard this if:

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 for a reason that was not your fault.

http://www.ukba.homeoffice.gov.uk/briti ... trictions/

The reason why I'm asking is that I successfully applied for my ILR last year by post and it took the HO 5 months to decide the application.

So I'm now thinking of applying for naturalisation 3 months into the 5 months the application spent with the HO as that will make it 15 months but I wanted to know if anyone has done this or know someone who has done it before.

Grateful for your thoughts please

Wow, you had your ILR Granted in 5 months while mines took 3 long years. I wouldn't really classify that as a delay and I would take the advice of Jambo and wait the extract 2months and then apply without discretion just to be on the safe side as £851.00 is a lot of money to risk over a two month period discretion which if your application was to be refused you would not be able to appeal because you applied using discretion. And the only refund you would be entitled to is the £85 for the Bc Ceremony hosted by the council (correct me if I'm wrong).

It's only 8weeks and 8 weeks goes by very quickly. Then you submit your application the next day. My advice is to play it safe!!!