3 months into ILR, can I apply for naturalization now?

Hello

According to HO website, Nationality Instructions, The Residence Requirements (chapter 18):

"7.4 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 "

I've been residing continuously in the uk since Jan 1997.
In May 2002 I applied for ILR under the unmarried partners rule, the application was refused and went on to Appeal.  The Appeal was allowed  and ILR was eventually granted in April 2004 (2 years after application was made )

How do I know whether I fulfil the criteria for discretion to waive this requirement?

 

Can you talk to an immigration attorney? I'd think you met the requirements...but not sure.

Why was your ILR declined initially?

How do I know whether I fulfil the criteria for discretion to waive this requirement?

Based upon the information you have provided, yes, you can go ahead for a discretionary. 

Please bear in mind that "discretionary" means exactly that.  They don't have to approve it, and the onus is on you to demonstrate that your case warrants OTR treatment.  That's to say if your application is in the "strong" or "formidible" category, then it would be appropriate to go for a discretionary.

In my own case, I had been in the country since April 1996, but had ILR for only 6 months when I applied for naturalisation in April 2001. I used an immigration solicitor (a very good and very expensive one), and I recall that he had a paragraph in the covering letter for each point on which we were asking for discretionary treatment, including this one. 

I was in the UK on a work visa originally.

The application was accepted and I was naturalised in August 2001. Someone once told me that getting ILR is the big immigration hurdle in the UK.

Hello

In the last 5 years, relevant to nationality application, I spent 3 years out of 5 just awaiting Home Office consideration:
FLR appliction March 2000 - 14 months to process
ILR application May 2002 - 24 months
So I thought I deserved a bit of discretion from the HO part to compenste for the stress and costs I had to endure.

I spoke to an immigration advisor today and he suggested that I should wait the 8 months to complete 12 months of ILR and make a straight forward application because, as Garry said, they don't have to approve it, they may find a loop hole in my application or a reason not to exercise discretion.

FLR appliction March 2000 - 14 months to process

OK, THIS is giving me a mild heart attack. May I ask why 14 months? I was under the impression that it went MUCH faster if you apply in person and that even with a postal application the instructions say 13 WEEKS.... I'm working on filling out my FLR (M) application/gathering documents now but won't be married until 2 October. My student visa runs out 31 October. I thought a month was plenty of time as long as I filed in person?!

My ILR application took only a few weeks. That was in 2000. However, I did it through an immigration solicitor. They have special "postal slots" which are extra-fast processing.

I think 14 months is ridiculous, terrible that you had to wait so long. 

I'm not a good example for processing times as both FLR and ILR applications were not straight forward.

Oct 99- I was refused entry as a visitor and was given leave to enter for a week pending removal which was later rescinded for compassionate reasons.
FLR 2000 - I was granted 12 months LOTR
ILR 2002 - the application was refused because I had not been give leave to remain for 2 years as an unmarried partner. (the appeal  was  allowed under article .

As for the 13 weeks processing time.....well, I was given ILR only by letter so I sent my passport to croydon to have it endorsed with ILR.  It's been 3 months and I still haven't heard from HO. So I called HO yesterday and I was told that it can take 3 weeks to 13 weeks..........or LONGER!

From what you've said, Guy, it seems you're just lucky to still be in the country.  You were given 12 months Leave to Remain but stayed 24?  No wonder ILR was refused in the first instance, really.

I never overstayed my visa
FLR application April 2000 took 14 months to process. I was given 12 months lotr in May 2001

Okay - just looks from the timeline you gave in the previous post that you were given the FLR in 2000 - which is where I misconstrued the facts.  Sorry.