British Citizenship Application - Need Help, Please.

[galatie]

I don't even know where to begin, any advice would be great.
My husband is a Belgian citizen, and came to the UK in October 2010 to start employment. He has lived and worked continuously in the UK since. He applied for his document certifying permanent residence and was issued this in September 2016. Being that he has resided in the UK for more than 5 years now, and it has been 1 year since he has held permanent residency, he decided to apply for British citizenship.

My husband had his NCS appointment today in London. He had the below with him:
1. completed AN application
2. passport photo
3. proof of life in the UK test
4. proof of English language test
5. P60s from the last 5 years
6. wage slips from 2012 onwards
7. letter from current and past employer certifying dates of employment
8. employment contracts

Upon reviewing his application and going through the section where you have to state your absences from the last 5 years, the NCS woman told him that his application would be denied, as on this date 5 years ago (May 02, 2013) - he was physically not in the UK and was in Italy. He explained to her that we were in Italy for a 3 day holiday, and had been residing in the UK long before that - but she continued to say his application would be rejected anyways. She showed him this section of the guidance:

Enter the day you first arrived with a view to staying in the UK on a long-term
basis, and the airport or seaport through which you then entered. If this is less than 5
years before the date on which we receive the application, or less than 3 years
before this date if you are married to or the civil partner of a British citizen, you might
not meet the residence requirement (see page 6 of the Booklet AN) and your
application may be unsuccessful.


Long story short - he was sent home and we will have to rebook the appointment - and there is nothing available for the next 6 weeks.. urgh.

Please tell me that what she said didn't have any validity? Do you physically have to be the UK on the exact date of the application, 5 years prior? His passport doesn't even get stamped if he enters and exits the EU, so not sure they how they would ever uphold this. He clearly has proof that he has been residing in the UK for more than 5 years. If she is indeed correct, I could not imagine anything more stupid!

[rely1458]

EEA citizens effectively need to be residing in the UK for six years, not five. When he got his PR, he should have received a letter with it stating the date he had become a permanent resident, and that he could apply for naturalisation on the anniversary of that date (12 months).

You state that he already had PR for a year, which means he was entitled to apply. The council was in the wrong

[CR001]

What she said is correct. It is mandatory to have been physically present in the UK at the start of the 5 year period. She could have sent the form but it would have been refused and you would have lost the fee. Citizenship law is completely separate to the EU route he has followed or the UK Immigration route visas. Also, citizenship is a privilege not a right/entitlement, so the rules are the same for everyone.

He has completed the form and signed it as true and accurate, so he has declared he was not present. Besides which, HO has many means to check peoples movements.

You can apply at any NCS. It does not have to be the one at your council.

[CR001]

EEA citizens effectively need to be residing in the UK for six years, not five. Does he have PR? When he got his PR, he should have received a letter with it stating the date he had become a permanent resident, and that he could apply for naturalisation on the anniversary of that date (12 months).

You state that he already had PR for a year, which means he was entitled to apply. The council was in the wrong.

You are wrong, the council was correct. The requirement to be physically present at the start of the 5 year qualifying period for citizenship is the same for every applicant.

[rely1458]

EEA citizens effectively need to be residing in the UK for six years, not five. Does he have PR? When he got his PR, he should have received a letter with it stating the date he had become a permanent resident, and that he could apply for naturalisation on the anniversary of that date (12 months).

You state that he already had PR for a year, which means he was entitled to apply. The council was in the wrong.

You are wrong, the council was correct. The requirement to be physically present at the start of the 5 year qualifying period for citizenship is the same for every applicant.

HM wouldn't have refused the application however. They simply would have sent him another declaration form to sign since it's just a matter of a few days.

[CR001]

EEA citizens effectively need to be residing in the UK for six years, not five. Does he have PR? When he got his PR, he should have received a letter with it stating the date he had become a permanent resident, and that he could apply for naturalisation on the anniversary of that date (12 months).

You state that he already had PR for a year, which means he was entitled to apply. The council was in the wrong.

You are wrong, the council was correct. The requirement to be physically present at the start of the 5 year qualifying period for citizenship is the same for every applicant.

HM wouldn't have refused the application however. They simply would have sent him another declaration form to sign since it's just a matter of a few days.

Many members have been refused for being out for a couple of days.

[rely1458]

EEA citizens effectively need to be residing in the UK for six years, not five. Does he have PR? When he got his PR, he should have received a letter with it stating the date he had become a permanent resident, and that he could apply for naturalisation on the anniversary of that date (12 months).

You state that he already had PR for a year, which means he was entitled to apply. The council was in the wrong.

You are wrong, the council was correct. The requirement to be physically present at the start of the 5 year qualifying period for citizenship is the same for every applicant.

HM wouldn't have refused the application however. They simply would have sent him another declaration form to sign since it's just a matter of a few days.

Many members have been refused for being out for a couple of days.

So I guess it depends on the caseworker then. A friend of mine applied through NCS. The application was sent a week early and HM sent him a letter with a new declaration form to sign and date. He was told if he did that they could proceed with the application. Failure to return the declaration signed would result in the rejection of the application.

[Twine]

Hi galatie,

The council employee was correct and has saved you and your husband ~1300 GBP.

Please refer to Guide AN, which states at the bottom of page 7 that:

You must also check that you were physically present in the UK 5 years (3 years if you are married to or in civil partnership with a British citizen) before the date that the application will be received by the Home Office or other receiving authority (see “Where to send your application form” in this guide). If you do not meet this requirement your application is unlikely to be successful, unless you were in the UK armed forces at that time.

Get all your paperwork in order and confirm that your husband was not outside the UK in mid-June 2013 (or mid-June 205 if you are a British citizen) when you go back to the NCS. Good luck with your application.

Cheers,
Twine