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Discretion to disregard immigration time restrictions during the last 12 months

This page explains how we can use our discretion to disregard immigration time restrictions during the last 12 months of the residential qualifying period when considering applications for naturalisation as a British citizen.

You must be free from immigration time restrictions on the day you make your application for naturalisation as a British citizen. Unless you are married to a British citizen you should also have been free from immigration time restrictions for at least 12 months before you make your application. If you have not been free from time restrictions for 12 months, we will normally use our discretion to disregard this if:

  • you had been free from immigration time restrictions for at least 12 months by the time we consider your application; or
  • we had placed a time limit on your stay when we should not have done when you returned to the United Kingdom after a visit abroad; or
  • the time restriction was in place for less than 10 days at the beginning of the 12 month period; or
    • you can show you have established links to the United Kingdom though your home, family and larger part of your estate;
      • you can show you have established links to the United Kingdom though your home, family and larger part of your estate; and
      • there are compelling business or compassionate reasons to approve your application; or
        • you have established links to the United Kingdom though your home, family and larger part of your estate; and
        • there are compelling business or compassionate reasons to approve your application; or
  • 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 due to something that was not your fault; or
  • you had an application for asylum or leave to remain refused but later approved as the initial decision was incorrect. This initial mistake resulted in a delay in you being able to apply for indefinite leave to remain.

Terms explained

  • Discretion

    This means we can consider the particular circumstances and in special cases grant an application.

All glossary terms