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Naturalisation: 5 years rule - HO receives your application

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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ani80
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Naturalisation: 5 years rule - HO receives your application

Post by ani80 » Sat Oct 20, 2018 4:11 pm

Hi
I'm new to the forum and came across to this post by looking for information on the 5 year rule for the British Citizenship. I'm Italian and have an appointment for Nationality Document Checking (NCS) the 27th of October, next Saturday in the morning. I was travelling for work (boarding the plane) 5 years ago on the 27th October 2013 during the evening. As you don't count the days when you leave and arrive to UK, are these days considered as being physically in the UK? Is there anywhere this is clarified, this specifically?

Also wanted to know, if you use the Nationality Document Return Service (NDRS) and you submit your application online, let's say 2 days earlier. What day will they consider as received by Home Office? the online date or the NDRS service date?

Many thanks for your clarification

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Re: Naturalisation: 5 years rule - HO receives your application

Post by CR001 » Sat Oct 20, 2018 4:56 pm

Date of application is the date you submit and pay online.
Char (CR001 not Casa)
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Re: Naturalisation: 5 years rule - HO receives your application

Post by ani80 » Sat Oct 20, 2018 8:55 pm

Thanks CR001.
And regarding the NCS, if I present the paperwork on a day I was taking a flight out of uk 5 years ago, is that still considered being phisically in UK? Can that cause a problem?

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Re: Naturalisation: 5 years rule - HO receives your application

Post by secret.simon » Sat Oct 20, 2018 11:20 pm

ani80 wrote:
Sat Oct 20, 2018 4:11 pm
have an appointment for Nationality Document Checking (NCS) the 27th of October, next Saturday in the morning. I was travelling for work (boarding the plane) 5 years ago on the 27th October 2013 during the evening.
It's slightly more complicated than that.

You need to have been physically in the UK at the start of the five year period immediately preceding the date of application. So, if you were to apply on 27th October, you need to have been physically in the UK on 28th October 2013. If you were in Italy at the time, your application should be rejected, unless you were back within the UK within two months, in which case, the caseworker could send you a form to redeclare the application to another date within two months.

However, this would inevitably delay your application.

You would be better off applying when you meet the physical presence requirement with some leeway on either side.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: Naturalisation: 5 years rule - HO receives your application

Post by trilobite1981 » Sat Oct 20, 2018 11:21 pm

ani80 wrote:
Sat Oct 20, 2018 8:55 pm
Thanks CR001.
And regarding the NCS, if I present the paperwork on a day I was taking a flight out of uk 5 years ago, is that still considered being phisically in UK? Can that cause a problem?
When did you submit the online application?

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Re: Naturalisation: 5 years rule - HO receives your application

Post by ani80 » Sat Oct 20, 2018 11:55 pm

secret.simon wrote:
Sat Oct 20, 2018 11:20 pm
ani80 wrote:
Sat Oct 20, 2018 4:11 pm
have an appointment for Nationality Document Checking (NCS) the 27th of October, next Saturday in the morning. I was travelling for work (boarding the plane) 5 years ago on the 27th October 2013 during the evening.
It's slightly more complicated than that.

You need to have been physically in the UK at the start of the five year period immediately preceding the date of application. So, if you were to apply on 27th October, you need to have been physically in the UK on 28th October 2013. If you were in Italy at the time, your application should be rejected, unless you were back within the UK within two months, in which case, the caseworker could send you a form to redeclare the application to another date within two months.

However, this would inevitably delay your application.

You would be better off applying when you meet the physical presence requirement with some leeway on either side.

Hi Simon
I have lived in the UK for more than 8 years. My problem is that exactly 5 years ago when I can submit my application (I have booked for the Nationality Document Checking Service next Saturday 27th November, I had to take this appointment in advance due to the poor availability all councils have at the moment) I was travelling to Spain for work. I traveled 2 weeks, then back 1 week, then again for 1 week to Italy, and then back and again 1 week to Spain. All this was for working purposes as I work as an IT consultant.
It would be better for me to apply during the week 8/11 until 18/11, but this year I have to be absent that week as I'm travelling to Colombia again for work 2 weeks. So when I'm back from Colombia, the 18/11 this year, I cannot apply as next day 5 years ago, I was again away for work. So the only days I could apply are the 23/11, the 24/11 or again the 30/11 which is the very last day the councils will do this NCS service.
As I already paid for the service, I'm stuck with the Council and their availability, and also mine, as I will be again travelling for work.

As the council said to me that I could either choose to use the NCS service or the Document return service, I might choose to make the submission of my paperwork online as it seems they use this date as the application date and it could be safer.
But my other problem will be the Biometric Enrollment letter that gives me 15 working days to send everything. I will need to decide this week what is more safe to do.
Thanks for your help.

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Re: Naturalisation: 5 years rule - HO receives your application

Post by ani80 » Sat Oct 20, 2018 11:59 pm

trilobite1981 wrote:
Sat Oct 20, 2018 11:21 pm
ani80 wrote:
Sat Oct 20, 2018 8:55 pm
Thanks CR001.
And regarding the NCS, if I present the paperwork on a day I was taking a flight out of uk 5 years ago, is that still considered being phisically in UK? Can that cause a problem?
When did you submit the online application?
Hi Trilobite1981, I haven't submitted anything yet. As I already paid for the NCS but the Registrar office said I can choose either to use NCS or NDRS, so if applying the 27/10 is not a good idea, then I might submit everything 1 or 2 days before online, as it seems they take that day into consideration when applying online.
Need to think.
I wanted to send this ASAP as I have to travel for work this month and I didn't want to delay it but it seems I may have to. :(

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Re: Naturalisation: 5 years rule - HO receives your application

Post by trilobite1981 » Sun Oct 21, 2018 5:09 pm

ani80 wrote:
Sat Oct 20, 2018 8:55 pm
Thanks CR001.
And regarding the NCS, if I present the paperwork on a day I was taking a flight out of uk 5 years ago, is that still considered being phisically in UK? Can that cause a problem?
What CR001 said was you can decide when to submit the online application well before the NDRS appointment (within the 10 days deadline). It is irrelevant whether you have been in the country 5 years ago in compared to the NDRS appointment date.

Your other later posts making everybody confuse (27th November is not a Saturday). If you need good advice make your posts easier to read and concise (you got different dates all over in one paragraph). Probably it's best to put the dates in your post in a different format such as a list.

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Re: Naturalisation: 5 years rule - HO receives your application

Post by ani80 » Mon Oct 22, 2018 11:47 pm

I meant 27 October, this Saturday. I already understood CR001. Thanks anyway

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Re: Naturalisation: 5 years rule - HO receives your application

Post by ani80 » Tue Oct 23, 2018 12:06 am

trilobite1981 wrote:
Sun Oct 21, 2018 5:09 pm
ani80 wrote:
Sat Oct 20, 2018 8:55 pm
Thanks CR001.
And regarding the NCS, if I present the paperwork on a day I was taking a flight out of uk 5 years ago, is that still considered being phisically in UK? Can that cause a problem?
What CR001 said was you can decide when to submit the online application well before the NDRS appointment (within the 10 days deadline). It is irrelevant whether you have been in the country 5 years ago in compared to the NDRS appointment date.

Your other later posts making everybody confuse (27th November is not a Saturday). If you need good advice make your posts easier to read and concise (you got different dates all over in one paragraph). Probably it's best to put the dates in your post in a different format such as a list.
I said 27th October - this Saturday, and I mentioned this in my previous post.

My question was about NCS not NDRS and I never mentioned until my last post that I had the option to choose either one or the other one, hence my question.

Also, CR001 only replied to my question regarding what day was considered if I submitted the application online. I think it;s quite clear if you read the previous posts, you're not adding anything new. I think you're the only one getting confused as I did not receive further comments from the other guys. Looks like you just want to tell me off but not really wanting to add any useful comment. Anyway, my questions are resolved now anyway thanks to the other guys. No need further comments.

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Re: Naturalisation: 5 years rule - HO receives your application

Post by trilobite1981 » Tue Oct 23, 2018 4:10 am

ani80 wrote:
Tue Oct 23, 2018 12:06 am
trilobite1981 wrote:
Sun Oct 21, 2018 5:09 pm
ani80 wrote:
Sat Oct 20, 2018 8:55 pm
Thanks CR001.
And regarding the NCS, if I present the paperwork on a day I was taking a flight out of uk 5 years ago, is that still considered being phisically in UK? Can that cause a problem?
What CR001 said was you can decide when to submit the online application well before the NDRS appointment (within the 10 days deadline). It is irrelevant whether you have been in the country 5 years ago in compared to the NDRS appointment date.

Your other later posts making everybody confuse (27th November is not a Saturday). If you need good advice make your posts easier to read and concise (you got different dates all over in one paragraph). Probably it's best to put the dates in your post in a different format such as a list.
I said 27th October - this Saturday, and I mentioned this in my previous post.

My question was about NCS not NDRS and I never mentioned until my last post that I had the option to choose either one or the other one, hence my question.

Also, CR001 only replied to my question regarding what day was considered if I submitted the application online. I think it;s quite clear if you read the previous posts, you're not adding anything new. I think you're the only one getting confused as I did not receive further comments from the other guys. Looks like you just want to tell me off but not really wanting to add any useful comment. Anyway, my questions are resolved now anyway thanks to the other guys. No need further comments.
Ah it looks like I hurt your feelings! I was just trying help you man....

Watch and learn how some other clever people precent their questions in the forum.
academic wrote:
Mon Oct 22, 2018 5:10 pm
Good day,

I have decided to apply for Naturalisation (Form AN) and would like to ensure that I understand the requirements and supporting documents correctly. I am a national of an EEA country who was in full-time education since coming to the UK in 2006. Our family has received the Permanent Residence (PR) blue booklet in 2011. I am trying to apply on the following basis:

If you are NOT married to or the civil partner of a British citizen (Section 6(1) of the British Nationality Act 1981)

Requirements
  • Over 18? Yes
  • Of sound mind? Yes
  • Intend to continue living in the UK? Yes
  • Can communicate in English? Yes, UK BSc university degree
  • Have sufficient knowledge about the Life in the UK? Yes, got the pass certificate
  • Are of good character? Yes, had no problems with the law and all duties fulfilled
  • Have lived in the UK for a minimum of 5 years before applying? Yes, since 2006
  • Residence qualifying period? Yes, was in full-time education between 2006-2018. I did not leave UK for longer than 20 days each year for holidays.
  • National of EEA? Yes
Documents for Evidence
  • Evidence of Identity: EEA Passport, used it for the Life in UK test
  • Knowledge of Language: BSc Degree from a UK university & Life in the UK pass certificate
  • Evidence of PR: Blue PR card (it consists of 3 pages and states: Document Certifying Permanent Residence on the vignette) It was given to me in 2011
  • Evidence of lawful residence during the 5 year period: I have a passport, but since it does not have stamps I can attach letters from education establishments to prove that I was here. I have 3 letters proving that I was in full time education 05/09/2011-18/07/2014, 20/09/2014-27/07/2017 and 18/09/2017-20/09/2018 respectively.
Questions which I have
  • The requirement: “You must have been physically present in England, Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands on the day 5 years before the application is received by the Home Office.”. Do I have to prove that even if I have letter stating that I was in full-time education from 2011 to 2014? Will bank-statements help? I do not have any other documents because I have always lived with my parents and all bills are in their name
  • I was not employed since coming to the UK. My full-time studies have ended on 20/09/2018 but I will only graduate in late January 2019. Would I just write Unemployed as my occupation?
  • Sending just my UK academic degree is enough? I assume I do not need to include the degree transcript or the UK NARIC confirmation?
  • Are there any specific requirements to letters proving lawful residence? My letters just state that I was attending an educational establishment during the relevant period. All the letters have my address on them.
  • Since I already have PR, I do not need to have exercised EU treaty rights, such as Comprehensive Sickness Insurance (CSI), right?
  • Do I need Indefinite Leave to Remain (ILR) if I have PR? In my mind those two are same
  • Are full-time education summer breaks considered as being present in the UK?
  • Am I missing any type of evidence AND are they all correct/relevant to my case?
I plan to use NCS to send my application but I would like to double-check that my initial understanding is correct before I book an appointment.

Thank you for your time.

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Re: Naturalisation: 5 years rule - HO receives your application

Post by hamzababy » Tue Oct 23, 2018 6:22 am

CR001 wrote:
Sat Oct 20, 2018 4:56 pm
Date of application is the date you submit and pay online.
just to reconfirm , spouse of bc has to be present 3 years ago on same date as application made online? and not 5 years..

because i wasnt in country 5 years ago.

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Re: Naturalisation: 5 years rule - HO receives your application

Post by ani80 » Tue Oct 23, 2018 11:27 am

trilobite1981 wrote:
Tue Oct 23, 2018 4:10 am
ani80 wrote:
Tue Oct 23, 2018 12:06 am
trilobite1981 wrote:
Sun Oct 21, 2018 5:09 pm
ani80 wrote:
Sat Oct 20, 2018 8:55 pm
Thanks CR001.
And regarding the NCS, if I present the paperwork on a day I was taking a flight out of uk 5 years ago, is that still considered being phisically in UK? Can that cause a problem?
What CR001 said was you can decide when to submit the online application well before the NDRS appointment (within the 10 days deadline). It is irrelevant whether you have been in the country 5 years ago in compared to the NDRS appointment date.

Your other later posts making everybody confuse (27th November is not a Saturday). If you need good advice make your posts easier to read and concise (you got different dates all over in one paragraph). Probably it's best to put the dates in your post in a different format such as a list.
I said 27th October - this Saturday, and I mentioned this in my previous post.

My question was about NCS not NDRS and I never mentioned until my last post that I had the option to choose either one or the other one, hence my question.

Also, CR001 only replied to my question regarding what day was considered if I submitted the application online. I think it;s quite clear if you read the previous posts, you're not adding anything new. I think you're the only one getting confused as I did not receive further comments from the other guys. Looks like you just want to tell me off but not really wanting to add any useful comment. Anyway, my questions are resolved now anyway thanks to the other guys. No need further comments.
Ah it looks like I hurt your feelings! I was just trying help you man....

Watch and learn how some other clever people precent their questions in the forum.
academic wrote:
Mon Oct 22, 2018 5:10 pm
Good day,

I have decided to apply for Naturalisation (Form AN) and would like to ensure that I understand the requirements and supporting documents correctly. I am a national of an EEA country who was in full-time education since coming to the UK in 2006. Our family has received the Permanent Residence (PR) blue booklet in 2011. I am trying to apply on the following basis:

If you are NOT married to or the civil partner of a British citizen (Section 6(1) of the British Nationality Act 1981)

Requirements
  • Over 18? Yes
  • Of sound mind? Yes
  • Intend to continue living in the UK? Yes
  • Can communicate in English? Yes, UK BSc university degree
  • Have sufficient knowledge about the Life in the UK? Yes, got the pass certificate
  • Are of good character? Yes, had no problems with the law and all duties fulfilled
  • Have lived in the UK for a minimum of 5 years before applying? Yes, since 2006
  • Residence qualifying period? Yes, was in full-time education between 2006-2018. I did not leave UK for longer than 20 days each year for holidays.
  • National of EEA? Yes
Documents for Evidence
  • Evidence of Identity: EEA Passport, used it for the Life in UK test
  • Knowledge of Language: BSc Degree from a UK university & Life in the UK pass certificate
  • Evidence of PR: Blue PR card (it consists of 3 pages and states: Document Certifying Permanent Residence on the vignette) It was given to me in 2011
  • Evidence of lawful residence during the 5 year period: I have a passport, but since it does not have stamps I can attach letters from education establishments to prove that I was here. I have 3 letters proving that I was in full time education 05/09/2011-18/07/2014, 20/09/2014-27/07/2017 and 18/09/2017-20/09/2018 respectively.
Questions which I have
  • The requirement: “You must have been physically present in England, Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands on the day 5 years before the application is received by the Home Office.”. Do I have to prove that even if I have letter stating that I was in full-time education from 2011 to 2014? Will bank-statements help? I do not have any other documents because I have always lived with my parents and all bills are in their name
  • I was not employed since coming to the UK. My full-time studies have ended on 20/09/2018 but I will only graduate in late January 2019. Would I just write Unemployed as my occupation?
  • Sending just my UK academic degree is enough? I assume I do not need to include the degree transcript or the UK NARIC confirmation?
  • Are there any specific requirements to letters proving lawful residence? My letters just state that I was attending an educational establishment during the relevant period. All the letters have my address on them.
  • Since I already have PR, I do not need to have exercised EU treaty rights, such as Comprehensive Sickness Insurance (CSI), right?
  • Do I need Indefinite Leave to Remain (ILR) if I have PR? In my mind those two are same
  • Are full-time education summer breaks considered as being present in the UK?
  • Am I missing any type of evidence AND are they all correct/relevant to my case?
I plan to use NCS to send my application but I would like to double-check that my initial understanding is correct before I book an appointment.

Thank you for your time.
First, I am a woman not a man.
Secondly, if you want to help then being rude is not the best way.
Thirdly, my questions were at the beginning and very concise, but you didn't bother to read it.
If you don't understand then let the ones that know, respond.

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