Case worker discretion when applied early

[tier21419]

Have seen on this forum people asking questions when they applied earlier for British citizenship (i.e. before completing 12 months on ILR). I was wondering, does the caseworker will ALWAYS apply discretion if applicant submits their biometrics once they are eligible. For example, Qualification date (12 months on ILR): 18-12-2019. Applied online: 18-11-2019, But submitted biometrics on 19-12-2019?

[psot2]

I'm the one who asked that question. Would love to know the answer. You literally used my dates though lol.

[Amber]

Have seen on this forum people asking questions when they applied earlier for British citizenship (i.e. before completing 12 months on ILR). I was wondering, does the caseworker will ALWAYS apply discretion if applicant submits their biometrics once they are eligible. For example, Qualification date (12 months on ILR): 18-12-2019. Applied online: 18-11-2019, But submitted biometrics on 19-12-2019?

“ Applicants under section 6(1) of the 1981 act are also required to have been free of immigration time restrictions for the remainder of this period. There is however discretion to waive this requirement.

Discretion to disregard immigration time restrictions in the 12 months prior to application can be exercised if one of more of the following is met:

• the applicant had less than 12 months free of conditions when they applied, but meets the requirement by the time you consider the application and all the other requirements are met
• the applicant had been put on conditions when returning to the UK, but has since established that they were a returning resident or exempt from control
• the period of limited leave was less than 10 days at the beginning of the 12 month period
• the period of limited leave was between 10 and 90 days at the beginning of the 12 month period, and the applicant:
o meets all the other requirements
o has strong links with the UK through having established their home, property
and family here
• the period of limited leave was more than 90 days at the beginning of the 12
month period, and:
o the applicant meets all the other requirements
o the applicant has strong links with the UK through having established their
home, property and family here
o there are compelling business or compassionate reasons to justify granting
now.
the period of limited leave was more than 10 days at the beginning of the 12 month period, and:
o the applicant does not meet all the other requirements
o has strong links with the UK through having established their home, property
and family here
o there are compelling business or compassionate reasons to justify granting
now
o there are exceptionally compelling circumstances.
• the applicant made an application for ILR at least 15 months before the citizenship application, and was granted following a delay which was not their fault
• an application for leave or asylum was refused in error and, if it had been granted correctly, the applicant could have applied for ILR and met the requirements on the date of application“

The whole basis of naturalisation is discretion, exercising discretion is up to the SOS, it would be wiser to apply for naturalisation when you have had settled status for 12 months if applying under section 6(1). Saying that, if, at the time the HO decides your case, you have had settled status for 12 months and meet the other requirements, it should be granted. There is never any guarantee due to the nature of naturalisation.

[tier21419]

I'm the one who asked that question. Would love to know the answer. You literally used my dates though lol.

Lolzz, did not realise about the date. I picked random dates. Please do update the forum when you get a reply regarding your application.

[tier21419]

Have seen on this forum people asking questions when they applied earlier for British citizenship (i.e. before completing 12 months on ILR). I was wondering, does the caseworker will ALWAYS apply discretion if applicant submits their biometrics once they are eligible. For example, Qualification date (12 months on ILR): 18-12-2019. Applied online: 18-11-2019, But submitted biometrics on 19-12-2019?

“ Applicants under section 6(1) of the 1981 act are also required to have been free of immigration time restrictions for the remainder of this period. There is however discretion to waive this requirement.

Discretion to disregard immigration time restrictions in the 12 months prior to application can be exercised if one of more of the following is met:

• the applicant had less than 12 months free of conditions when they applied, but meets the requirement by the time you consider the application and all the other requirements are met
• the applicant had been put on conditions when returning to the UK, but has since established that they were a returning resident or exempt from control
• the period of limited leave was less than 10 days at the beginning of the 12 month period
• the period of limited leave was between 10 and 90 days at the beginning of the 12 month period, and the applicant:
o meets all the other requirements
o has strong links with the UK through having established their home, property
and family here
• the period of limited leave was more than 90 days at the beginning of the 12
month period, and:
o the applicant meets all the other requirements
o the applicant has strong links with the UK through having established their
home, property and family here
o there are compelling business or compassionate reasons to justify granting
now.
the period of limited leave was more than 10 days at the beginning of the 12 month period, and:
o the applicant does not meet all the other requirements
o has strong links with the UK through having established their home, property
and family here
o there are compelling business or compassionate reasons to justify granting
now
o there are exceptionally compelling circumstances.
• the applicant made an application for ILR at least 15 months before the citizenship application, and was granted following a delay which was not their fault
• an application for leave or asylum was refused in error and, if it had been granted correctly, the applicant could have applied for ILR and met the requirements on the date of application“

The whole basis of naturalisation is discretion, exercising discretion is up to the SOS, it would be wiser to apply for naturalisation when you have had settled status for 12 months if applying under section 6(1). Saying that, if, at the time the HO decides your case, you have had settled status for 12 months and meet the other requirements, it should be granted. There is never any guarantee due to the nature of naturalisation.

Thanks for the detailed reply. It says "Can be" exercised so it could be rejected. Also, will the applicant get a full refund if he/she withdraws the application before it is being considered by a caseworker?

[Amber]

Have seen on this forum people asking questions when they applied earlier for British citizenship (i.e. before completing 12 months on ILR). I was wondering, does the caseworker will ALWAYS apply discretion if applicant submits their biometrics once they are eligible. For example, Qualification date (12 months on ILR): 18-12-2019. Applied online: 18-11-2019, But submitted biometrics on 19-12-2019?

“ Applicants under section 6(1) of the 1981 act are also required to have been free of immigration time restrictions for the remainder of this period. There is however discretion to waive this requirement.

Discretion to disregard immigration time restrictions in the 12 months prior to application can be exercised if one of more of the following is met:

• the applicant had less than 12 months free of conditions when they applied, but meets the requirement by the time you consider the application and all the other requirements are met
• the applicant had been put on conditions when returning to the UK, but has since established that they were a returning resident or exempt from control
• the period of limited leave was less than 10 days at the beginning of the 12 month period
• the period of limited leave was between 10 and 90 days at the beginning of the 12 month period, and the applicant:
o meets all the other requirements
o has strong links with the UK through having established their home, property
and family here
• the period of limited leave was more than 90 days at the beginning of the 12
month period, and:
o the applicant meets all the other requirements
o the applicant has strong links with the UK through having established their
home, property and family here
o there are compelling business or compassionate reasons to justify granting
now.
the period of limited leave was more than 10 days at the beginning of the 12 month period, and:
o the applicant does not meet all the other requirements
o has strong links with the UK through having established their home, property
and family here
o there are compelling business or compassionate reasons to justify granting
now
o there are exceptionally compelling circumstances.
• the applicant made an application for ILR at least 15 months before the citizenship application, and was granted following a delay which was not their fault
• an application for leave or asylum was refused in error and, if it had been granted correctly, the applicant could have applied for ILR and met the requirements on the date of application“

The whole basis of naturalisation is discretion, exercising discretion is up to the SOS, it would be wiser to apply for naturalisation when you have had settled status for 12 months if applying under section 6(1). Saying that, if, at the time the HO decides your case, you have had settled status for 12 months and meet the other requirements, it should be granted. There is never any guarantee due to the nature of naturalisation.

Thanks for the detailed reply. It says "Can be" exercised so it could be rejected. Also, will the applicant get a full refund if he/she withdraws the application before it is being considered by a caseworker?

No refund once biometrics enrolled. See - https://www.gov.uk/cancel-visa

[tier21419]

Have seen on this forum people asking questions when they applied earlier for British citizenship (i.e. before completing 12 months on ILR). I was wondering, does the caseworker will ALWAYS apply discretion if applicant submits their biometrics once they are eligible. For example, Qualification date (12 months on ILR): 18-12-2019. Applied online: 18-11-2019, But submitted biometrics on 19-12-2019?

“ Applicants under section 6(1) of the 1981 act are also required to have been free of immigration time restrictions for the remainder of this period. There is however discretion to waive this requirement.

Discretion to disregard immigration time restrictions in the 12 months prior to application can be exercised if one of more of the following is met:

• the applicant had less than 12 months free of conditions when they applied, but meets the requirement by the time you consider the application and all the other requirements are met
• the applicant had been put on conditions when returning to the UK, but has since established that they were a returning resident or exempt from control
• the period of limited leave was less than 10 days at the beginning of the 12 month period
• the period of limited leave was between 10 and 90 days at the beginning of the 12 month period, and the applicant:
o meets all the other requirements
o has strong links with the UK through having established their home, property
and family here
• the period of limited leave was more than 90 days at the beginning of the 12
month period, and:
o the applicant meets all the other requirements
o the applicant has strong links with the UK through having established their
home, property and family here
o there are compelling business or compassionate reasons to justify granting
now.
the period of limited leave was more than 10 days at the beginning of the 12 month period, and:
o the applicant does not meet all the other requirements
o has strong links with the UK through having established their home, property
and family here
o there are compelling business or compassionate reasons to justify granting
now
o there are exceptionally compelling circumstances.
• the applicant made an application for ILR at least 15 months before the citizenship application, and was granted following a delay which was not their fault
• an application for leave or asylum was refused in error and, if it had been granted correctly, the applicant could have applied for ILR and met the requirements on the date of application“

The whole basis of naturalisation is discretion, exercising discretion is up to the SOS, it would be wiser to apply for naturalisation when you have had settled status for 12 months if applying under section 6(1). Saying that, if, at the time the HO decides your case, you have had settled status for 12 months and meet the other requirements, it should be granted. There is never any guarantee due to the nature of naturalisation.

Thanks for the detailed reply. It says "Can be" exercised so it could be rejected. Also, will the applicant get a full refund if he/she withdraws the application before it is being considered by a caseworker?

No refund once biometrics enrolled. See - https://www.gov.uk/cancel-visa

What about withdrawing and refund before biometrics?

[Amber]

“ Applicants under section 6(1) of the 1981 act are also required to have been free of immigration time restrictions for the remainder of this period. There is however discretion to waive this requirement.

Discretion to disregard immigration time restrictions in the 12 months prior to application can be exercised if one of more of the following is met:

• the applicant had less than 12 months free of conditions when they applied, but meets the requirement by the time you consider the application and all the other requirements are met
• the applicant had been put on conditions when returning to the UK, but has since established that they were a returning resident or exempt from control
• the period of limited leave was less than 10 days at the beginning of the 12 month period
• the period of limited leave was between 10 and 90 days at the beginning of the 12 month period, and the applicant:
o meets all the other requirements
o has strong links with the UK through having established their home, property
and family here
• the period of limited leave was more than 90 days at the beginning of the 12
month period, and:
o the applicant meets all the other requirements
o the applicant has strong links with the UK through having established their
home, property and family here
o there are compelling business or compassionate reasons to justify granting
now.
the period of limited leave was more than 10 days at the beginning of the 12 month period, and:
o the applicant does not meet all the other requirements
o has strong links with the UK through having established their home, property
and family here
o there are compelling business or compassionate reasons to justify granting
now
o there are exceptionally compelling circumstances.
• the applicant made an application for ILR at least 15 months before the citizenship application, and was granted following a delay which was not their fault
• an application for leave or asylum was refused in error and, if it had been granted correctly, the applicant could have applied for ILR and met the requirements on the date of application“

The whole basis of naturalisation is discretion, exercising discretion is up to the SOS, it would be wiser to apply for naturalisation when you have had settled status for 12 months if applying under section 6(1). Saying that, if, at the time the HO decides your case, you have had settled status for 12 months and meet the other requirements, it should be granted. There is never any guarantee due to the nature of naturalisation.

Thanks for the detailed reply. It says "Can be" exercised so it could be rejected. Also, will the applicant get a full refund if he/she withdraws the application before it is being considered by a caseworker?

No refund once biometrics enrolled. See - https://www.gov.uk/cancel-visa

What about withdrawing and refund before biometrics?

If not processed then should be refunded.