Naturalization Minimum Residency

[fsixteen]

Hi All,

I made an application for ILR in JULY 2012 and finally received an Indefinite Leave to Remain status on 17/01/2013 after waiting 6 months.
Would the Home Office consider those 6 months under “ free from immigration time restrictions ” Or do I need to wait 12 months from 17/01/2013 to made an application for Naturalization.

I am in the UK for more than 10 years.

Thanks

[Jambo]

You will need to wait 12 months from the issue date.

[fsixteen]

You will need to wait 12 months from the issue date.

Thanks Guru.

But it is unfair. Why we suffer at the mismanagement and laziness of HO ?

[John]

Suggest you download the UKBA document, and then read 7.5.g.

So the question is this. As regards the delay, were you in any way to blame for the delay? For example if they raised a query, did you take a long time to reply?

If you were in no way to blame for the delay, you can apply for your Naturalisation 15 months after you applied for your ILR, sometime in October 2013.

Whenever you apply, do make sure you were physically in the UK exactly five years earlier.

[fsixteen]

Suggest you download the UKBA document, and then read 7.5.g.

So the question is this. As regards the delay, were you in any way to blame for the delay? For example if they raised a query, did you take a long time to reply?

If you were in no way to blame for the delay, you can apply for your Naturalisation 15 months after you applied for your ILR, sometime in October 2013.

Whenever you apply, do make sure you were physically in the UK exactly five years earlier.

Many Thanks. It was very helpful.

[MPH80]

I guess the challenge is 'what constitutes protracted?'

E.g. is 6 months protracted or is that just a slightly elongated, but normal, processing time.

For the sake of a lost fee and argument with UKBA ... I might wait the additional 6 months.

[John]

Sorry? Clearly they think at anyone waiting more than 3 months can benefit. Simply 15-12=3.

[Obie]

I concur.

Also see

7.5 Discretion to disregard immigration time restrictions in the final 12
months may normally be exercised if:

g. consideration of an application for indefinite leave to remain,
made more than 15 months before the citizenship application,
had been protracted through no fault of the applicant, providing
ILR was eventually granted. This can include applications for
asylum which have resulted in the grant of ILR (you should note
that any asylum cases granted on or after the 30 August 2005
will not result in ILR, applicants will instead be given limited
leave) ; or

[MPH80]

I agree that one made 15 months before the application is the ones that qualify - but if I were UKBA - I might argue that 6 months is, currently, normal processing, not protracted.

And they make that point specifically that the application must have been protracted.

As I said - for the sake of 3 months ...?

M.