Qualifying period for Naturalization application

[Abate86]

I needed an urgent advice on my Naturalisation application. I made the application on the 29th of March after legally residing in the UK for more than 6 years (5 EEA 2 + 1 EEA4). I did my Biometric enrolment in May. To my surprise, I received a letter from the Home Office today stating that "A person applying under this section (Section 6 (1) of the British nationality Act 1981) is required to have been in the United Kingdom on the actual date 5 years before making the application”. They said that because I made my application on 29/03/2017, therefore my qualifying period is 30/03/2011 – 29/03/2016. They went further to say that I left the UK on 28/03/2011 and returned on 18/05/2011. As I was not in the UK on 30/03/2011, I have not met the requirement.

I acquired a permanent resident status on 22/03/2015 after living in the UK for five consecutive years. I made an EEA 4 application and was issued a Permanent Resident Card in June 2015.

I have been living in the UK legally from 22/03/2010 till date apart few visits I made out of the country during that period. I cannot understand how someone can claim that a visit of less than 90 days out the UK will affect the residency rule or qualifying period. As such, I believe that the claim that I left the UK between 28/03/2011 and 18/05/2011 is wholly wrong. Please, could you tell me if I am wrong here?

[noajthan]

I needed an urgent advice on my Naturalisation application. I made the application on the 29th of March after legally residing in the UK for more than 6 years (5 EEA 2 + 1 EEA4). I did my Biometric enrolment in May. To my surprise, I received a letter from the Home Office today stating that "A person applying under this section (Section 6 (1) of the British nationality Act 1981) is required to have been in the United Kingdom on the actual date 5 years before making the application”. They said that because I made my application on 29/03/2017, therefore my qualifying period is 30/03/2011 – 29/03/2016. They went further to say that I left the UK on 28/03/2011 and returned on 18/05/2011. As I was not in the UK on 30/03/2011, I have not met the requirement.

I acquired a permanent resident status on 22/03/2015 after living in the UK for five consecutive years. I made an EEA 4 application and was issued a Permanent Resident Card in June 2015.

I have been living in the UK legally from 22/03/2010 till date apart few visits I made out of the country during that period. I cannot understand how someone can claim that a visit of less than 90 days out the UK will affect the residency rule or qualifying period. As such, I believe that the claim that I left the UK between 28/03/2011 and 18/05/2011 is wholly wrong. Please, could you tell me if I am wrong here?

The physically present in UK test is a fundamental check and not negotiable.
The AN guidance (etc) is very clear on that.

Were you in or out of the country during that period (28/03/2011 and 18/05/2011) that includes the 5th pre-anniversary of your date of application?

Ref https://www.gov.uk/government/uploads/s ... e_2016.pdf
- page 5

Its a longshot but do you have a British spouse?
If so the residency requirement and physical presence test would be based on 3 years and not 5 years.

[Abate86]

Thanks for your reply. I was away for the whole of that period. So, they are right then?

[noajthan]

Thanks for your reply. I was away for the whole of that period. So, they are right then?

Yes, that is the law.

... there is no discretion to waive the requirement to have been physically present in the United Kingdom on a date five (three) years before the date of application

Ref https://www.gov.uk/government/uploads/s ... r_18_B.pdf

[Abate86]

They have asked me to re-sign and re-date. How will this affect my application? Would that push my application to the back of the queue including doing another Biometric errollment?

[noajthan]

They have asked me to re-sign and re-date. How will this affect my application? Would that push my application to the back of the queue including doing another Biometric errollment?

You can dig into such vital questions in HO guidance here:
https://www.gov.uk/government/uploads/s ... r_18_B.pdf
- see section 3 (3.3+)

[CR001]

From your post, I am assuming you applied by post on your own rather than using the NCS at the council. NCS would have likely picked up on this issue and advised you to wait before applying.

[ohara]

They have asked me to re-sign and re-date. How will this affect my application? Would that push my application to the back of the queue including doing another Biometric errollment?

Sounds like you've been given a lifeline. By re-signing and re-dating, they will see the date of the application as when they receive the new declaration. It's not the first time we've heard of this happening.

[Abate86]

Sounds like you've been given a lifeline. By re-signing and re-dating, they will see the date of the application as when they receive the new declaration. It's not the first time we've heard of this happening.

Thanks for your contribution. So, does this means that I would have to wait for months because it sounds like a fresh application?

[noajthan]

Sounds like you've been given a lifeline. By re-signing and re-dating, they will see the date of the application as when they receive the new declaration. It's not the first time we've heard of this happening.

Thanks for your contribution. So, does this means that I would have to wait for months because it sounds like a fresh application?

If you read the guidance (posted above) you will see how your application is now likely to be treated.

[Abate86]

If you read the guidance (posted above) you will see how your application is now likely to be treated.

Section 3.6 states the following "However, if re-declaration is only offered when the
application has reached its turn for consideration, work should
continue on the re-declared application". Therefore, it appears to me that work will continue upon receipt of the re-declaration from the stage they are before they sent this letter. Please, correct me if I am wrong?

[ohara]

If you read the guidance (posted above) you will see how your application is now likely to be treated.

Section 3.6 states the following "However, if re-declaration is only offered when the
application has reached its turn for consideration, work should
continue on the re-declared application". Therefore, it appears to me that work will continue upon receipt of the re-declaration from the stage they are before they sent this letter. Please, correct me if I am wrong?

You are correct, and should be snatching this opportunity!

[noajthan]

If you read the guidance (posted above) you will see how your application is now likely to be treated.

Section 3.6 states the following "However, if re-declaration is only offered when the
application has reached its turn for consideration, work should
continue on the re-declared application". Therefore, it appears to me that work will continue upon receipt of the re-declaration from the stage they are before they sent this letter. Please, correct me if I am wrong?

That is how I would interpret it too.

[Abate86]

That is how I would interpret it too.

I hope so too. The letter goes further to state that if I wish to re-sign and re-date the enclosed application form at section 7, they will be able to continue their reconsideration. This appears to be another proof that they are likely to continue from where they stopped.

[Abate86]

You are correct, and should be snatching this opportunity!

I need more advice guys. I am a bit nervous right now, as I dont want to make another mistake. I am thinking of filling a new declaration form or should I change the date on the current form section 7? What do they meant by re-sign?

[ohara]

Did they send your completed application back to you?

[Abate86]

Did they send your completed application back to you?

Yes, they did.

[Abate86]

Hi Everyone, My application for naturalisation has been granted. Next step is now ceremony in the next couple of weeks. Thanks for your help.

[noajthan]

Hi Everyone, My application for naturalisation has been granted. Next step is now ceremony in the next couple of weeks. Thanks for your help.

Congratulations.
Reassuring and heart-warming to see how HO caseworker threw you a lifeline in this case.

[Abate86]

Congratulations.
Reassuring and heart-warming to see how HO caseworker threw you a lifeline in this case.

Thanks for your help and encouragement.