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 when you apply 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 have been free from immigration time restrictions for at least 12 months by the date when we consider your application; or
• we placed a time limit on your stay but should not have done so when you returned to the UK 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
• (1) the time restriction was in place for between 10 and 90 days at the beginning of the 12-month period, (2) all other requirements including the residence requirement are met, and (3) you can show that you have established links to the UK through your home, family and larger part of your estate; or
• (1) the time restriction was in place for more than 90 days at the beginning of the 12-month period, (2) all other requirements including the residence requirement are met, (3) you can show that you have established links to the UK through your home, family and larger part of your estate, and (4) there are compelling business or compassionate reasons to approve your application; or
• (1) the time restriction was in place for more than 10 days at the beginning of the 12-month period, (2) you do not meet all the other requirements for naturalisation, (3) you can show that have established links to the UK through your home, family and larger part of your estate, and (4) 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 for a reason that was not your fault; or
• you had an application for asylum or leave to remain refused but later approved because the initial decision was incorrect, and this initial mistake caused a delay before you could apply for indefinite leave to remain.

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