ESC
Welcome to immigrationboards.com!
Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha
That is a trickier question. For immigration purposes, the travel day is not considered absence from the UK. But then, not all immigration definitions apply directly to the naturalisation process. I am not sure on this point of whether this particular definition would apply automatically to naturalisation applications or not.
How sure are we of this?secret.simon wrote: ↑Wed Feb 23, 2022 11:04 amIf the application would fail because of that issue AND that is the only fault with the application, the caseworker would likely allow your partner to redeclare the application to another date within two months of the original application date. That will of course cause a delay in the processing of the application, but not a refusal.
)? Is that a thing?Well, it is mentioned in the caseworker guidance on naturalisation (Page 14).kamoe wrote: ↑Wed Feb 23, 2022 11:32 amHow sure are we of this?secret.simon wrote: ↑Wed Feb 23, 2022 11:04 amIf the application would fail because of that issue AND that is the only fault with the application, the caseworker would likely allow your partner to redeclare the application to another date within two months of the original application date. That will of course cause a delay in the processing of the application, but not a refusal.
As I understand it, discretion can be used to disregard only one defect in the application form. If there is more than one defect, discretion is normally not applied (i.e. you can't request discretion to disregard more than one requirement). So, if discretion is required to request a redeclaration, all other requirements of the form must have been met.To identify the start of the qualifying period you use the day after the application date minus the length of the qualifying period. For example in an application under section 6(1) made on 1 March 2016, the applicant must have been legally in the UK on 2 March 2011.
Where the applicant fails to meet the requirement to be in the UK at the start of the qualifying period by 2 months or less, either side of the application date, you must consider using discretion to allow them to re-declare their application. Where discretion is being exercised you must request that the applicant re-declares their application, by using Doc Gen letter 4746.
Where they fail to meet the requirement by more than 2 months, you must normally refuse the application.
...
Where an application is re-declared, the original application date is superseded by the date on which the re-declaration is received by the Home Office. You must ensure that applicants are aware that they need to ensure that the new application date does not fall on a date that they would still not meet the qualifying period.
...
I think somebody else on the forums has tried that. I will try to find the link to that thread. But the refund can take weeks or months.
Thank you so much, @secret.simon.secret.simon wrote: ↑Wed Feb 23, 2022 11:46 amWell, it is mentioned in the caseworker guidance on naturalisation (Page 14).
From the specific wording used, it sounds to me that a day when one travelled out from the UK whilst legally here, should count as a day when one was legally present. Does not say for how long in that given day one must have been present. It just says "present". So 1 second, 5 minutes, 24 hours, all should count as presence.To identify the start of the qualifying period you use the day after the application date minus the length of the qualifying period. For example in an application under section 6(1) made on 1 March 2016, the applicant must have been legally in the UK on 2 March 2011.
Thanks. I think I'll just wait and see. can't afford to submit another application without the refund first. (His application is a straightforward one, which I checked numerous times, if at all there is an issue, then there should be discretion to redeclare! And at this point I cannot cope with more twists)!I think somebody else on the forums has tried that. I will try to find the link to that thread. But the refund can take weeks or months.
The analogy to that would be whether a person dressed in a tuxedo and a person dressed only in the skimpiest underwear would both be considered "dressed" for the purpose of obscenity laws.kamoe wrote: ↑Wed Feb 23, 2022 11:57 amFrom the specific wording used, it sounds to me that a day when one travelled out from the UK whilst legally here, should count as a day when one was legally present. Does not say for how long in that given day one must have been present. It just says "present". So 1 second, 5 minutes, 24 hours, all should count as presence.
secret.simon wrote: ↑Wed Feb 23, 2022 12:07 pmThe analogy to that would be whether a person dressed in a tuxedo and a person dressed only in the skimpiest underwear would both be considered "not naked" for the purpose of obscenity laws.
And given that one's declared absences are used to check one's requirement of the 5-year rule... I don't feel there will be issues.You must only count whole days' absences from the UK. You must not count the dates of departure and arrival as absences. For example, a person who left the UK on 22 September and returned on 23 September will not be classed as having been absent from the UK.
Thanks. Well in your case there was no problem as the key date for you to prove presence was January 1st 2017 not December 30th 2016. It's application date minus five years plus one day (not minus one day).
Just received the refund. Took 7 weeks. Timeline here.
