Less than 12 months before ILR (settled status)

[Galy2023]

Hi everyone, I would greatly appreciate some guidance.

I was granted ILR - settlement on March 23, 2023, after residing in the UK for 10 years (long residence). I was aware of the 12-month immigration time restriction rules. However, as some of my friends had applied for naturalisation well before the 12-month period and still had their application approved (this was pre-COVID), I was impatient and did the same. I applied for naturalisation last week and am now worried it will be rejected because it has only been 8 months since I received ILR.

I was wondering: 1) if anyone has done this before or knows of a similar case, and if I would be banned for applying earlier? 2) Is it better to withdraw my application now and get a refund, or have I already lost my money?

Thanks in advance

[alterhase58]

You wouldn't be "banned" - if they are so minded they could refuse your application - why such a rush, why not go with the guidance?
You'd loose your money - if you have done your biometrics - so wait you might be lucky.
If you had waited out the 12 months you wouldn't be worried now - going with advice from friends is not a good idea.

[contorted_svy]

Hi everyone, I would greatly appreciate some guidance.

I was granted ILR - settlement on March 23, 2023, after residing in the UK for 10 years (long residence). I was aware of the 12-month immigration time restriction rules. However, as some of my friends had applied for naturalisation well before the 12-month period and still had their application approved (this was pre-COVID), I was impatient and did the same. I applied for naturalisation last week and am now worried it will be rejected because it has only been 8 months since I received ILR.

I was wondering: 1) if anyone has done this before or knows of a similar case, and if I would be banned for applying earlier? 2) Is it better to withdraw my application now and get a refund, or have I already lost my money?

Thanks in advance

If you haven't submitted your biometrics you can withdraw your application and get your money back, minus a small admin fee. If you've submitted biometrics already you can only wait and see.

[CR001]

However, as some of my friends had applied for naturalisation well before the 12-month period and still had their application approved (this was pre-COVID),

Pre or post covid is irrelevant. No Nationality laws have changed for a number of years. Were/are any of your friends married to a british citizen at the time they applied? Are you married to a britiah citizen?

[vinny]

Applicants under section 6(1) who have not been free from immigration time restrictions for 12 months

[SupperDog]

I submitted my application yesterday. I got ILR only a few days before you. Per the caseworker's guidance, the 12 months requirement can be disregarded if your ILR application was made 15 months before the application date. Also, even the 12 months requirement cannot be disregarded, your application still won't be refused. Your application will be put on hold until the date you have had ILR for 12 months.

[Dancull]

I submitted my application yesterday. I got ILR only a few days before you. Per the caseworker's guidance, the 12 months requirement can be disregarded if your ILR application was made 15 months before the application date. Also, even the 12 months requirement cannot be disregarded, your application still won't be refused. Your application will be put on hold until the date you have had ILR for 12 months.

Although it only requires to meet one of grounds to disregard the 12 months requirement,

Apart from "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"

For less than 3 months early applicant, below two requirements likely to be met too,

the applicant had less than 12 months free from time restrictions when they applied, but meets the requirement by the time you consider the application, and all the other requirements are met.

the period of limited leave was between 10 and 90 days at the beginning of the 12-month period, and the applicant:
meets all the other requirements
has strong links with the UK through having established their home, property and family here.

I couldn't find the information regarding application on hold until the date ILR have been held for 12 months. would you mind to share the source?

[SupperDog]

Naturalisation as a British citizen: caseworker guidance
https://www.gov.uk/government/publicati ... y-guidance
Page 16

If a person does not meet the requirements on the date of consideration, but will do so within the next two months, it may be appropriate to put the application on hold. If the person will not meet the requirement for some time, you must consider whether there are exceptional grounds to exercise discretion (see section on discretion).

[Dancull]

Naturalisation as a British citizen: caseworker guidance
https://www.gov.uk/government/publicati ... y-guidance
Page 16

If a person does not meet the requirements on the date of consideration, but will do so within the next two months, it may be appropriate to put the application on hold. If the person will not meet the requirement for some time, you must consider whether there are exceptional grounds to exercise discretion (see section on discretion).

Thanks ! I thought this discretion only for presence in the UK at the start of the qualifying period. good news to me!

[Dancull]

Naturalisation as a British citizen: caseworker guidance
https://www.gov.uk/government/publicati ... y-guidance
Page 16

If a person does not meet the requirements on the date of consideration, but will do so within the next two months, it may be appropriate to put the application on hold. If the person will not meet the requirement for some time, you must consider whether there are exceptional grounds to exercise discretion (see section on discretion).

Just double checked it, this discretion is for the requirement to have been in the UK at the start of the qualifying period.

The original text did state as Changing the application date in this way may be appropriate for applicants who did not meet the requirement to have been in the UK at the start of the qualifying period but meet the requirement by the time you consider their application. When you consider the application, you must assess whether the person would meet the requirement (and the other residence requirements) on either the date you are considering the application, or a date between their original application and consideration. If a person does not meet the requirements on the date of consideration, but will do so within the next two months, it may be appropriate to put the application on hold. If the person will not meet the requirement for some time, you must consider whether there are exceptional grounds to exercise discretion

[SupperDog]

Hi, thank you for pointing out but I have a different understanding on this. The guidance says:

When you consider the application, you must assess whether the person would meet this requirement (and the other residence requirements) on either the date you are considering the application, or a date between their original application and consideration. If a person does not meet the requirements on the date of consideration, but will do so within the next two months, it may be appropriate to put the application on hold.

Even though the section is regarding the presence at the first day of qualifying period but it does say and other residence requirements. So for my understanding it includes the requirement of 12 months free of immigration control.

[Dancull]

Hi, thank you for pointing out but I have a different understanding on this. The guidance says:

When you consider the application, you must assess whether the person would meet this requirement (and the other residence requirements) on either the date you are considering the application, or a date between their original application and consideration. If a person does not meet the requirements on the date of consideration, but will do so within the next two months, it may be appropriate to put the application on hold.

Even though the section is regarding the presence at the first day of qualifying period but it does say and other residence requirements. So for my understanding it includes the requirement of 12 months free of immigration control.

I completely overlooked the text in the bracket!
If this applied to 12 months requirement, it will give a better chance for early applicant even tho we already met the discretion requirement.