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Naturalisation queries

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

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bulala
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Post by bulala » Wed Apr 18, 2012 3:00 pm

Hi John - Please I have a question.

1. I assume you saying that he should be in the UK when he sends the application?

2. Can he leave/travel out of the UK after UKBA would have received and are processing the application ie if using the checking service one will still hold previous national passport when the application would have been sent - is it okay to travel with previous national passport after submitting application?

Regards.

bulala
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Post by bulala » Wed Apr 18, 2012 3:22 pm

Please ignore the question, just seen the answer in the frequently asked question thread.

John
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Post by John » Wed Apr 18, 2012 3:29 pm

Using your numbering :-
  1. Well yes, also also please reread what I actually wrote, especially the word "before".
  2. Yes, I think NCS offices tend to say something like, do not leave the UK for 5 days, in order to ensure the person is in the UK when UKBA receive the application.
John

bulala
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Post by bulala » Thu Apr 19, 2012 3:10 pm

Thanks John, please just to get this correctly.. 2nd March 2007 5 years ago i was in the country.. i send it to them via special delivery on 2nd march 2012 5 years later so am in the country 5 years before sending the application to them.

Does anyone know the relevance of this as I am struggling to see the significance, if for example i was away to france for ?? on 2nd march and back on the 5th of march..wil i just not wait till the 5th of march 5 years later even if i qualified on the 2nd of march.

jager
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Post by jager » Thu Apr 19, 2012 3:28 pm

bulala wrote:2nd March 2007 5 years ago i was in the country.. i send it to them via special delivery on 2nd march 2012 5 years later so am in the country 5 years before sending the application to them.
You need to be physically present in the country on the day when UKBA *receives* your application, not the day you send it. Although it usually takes 1-2 days for them to get it, this can never be guaranteed hence the advice from NCS not to leave the country for five days after. Although if push came to shove it's not clear how they would ever find out.

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Post by John » Thu Apr 19, 2012 3:46 pm

Thanks John, please just to get this correctly.. 2nd March 2007 5 years ago i was in the country.. i send it to them via special delivery on 2nd march 2012 5 years later so am in the country 5 years before sending the application to them.
That is (roughly) right .... see below.
Does anyone know the relevance of this as I am struggling to see the significance, if for example i was away to france for ?? on 2nd march and back on the 5th of march..wil i just not wait till the 5th of march 5 years later even if i qualified on the 2nd of march.
The relevance, like it or not, is that it is a specific requirement of the Act of Parliament. That is, when applying for Naturalisation the applicant has a "qualifying period", which ends on the date UKBA receives the Naturalisation application. That "qualifying period" is 5 years long, unless the person is making a section 6(2) application as the spouse (or Civil Partner) of a British Citizen, when it is 3 years.

The legislation specifically requires the applicant to be in the UK at the start of their "qualifying period".

So as regards your example above, you post it on (Friday) 02.03.12 and it arrives at UKBA in Liverpool on (Monday) 05.03.12, that date is the end of your qualifying period, which thus started on 06.03.07.

As regards this particular rule, UKBA have no discretion, given it is a specific requirement of the legislation.

Now why Parliament thought of wording the legislation in this way, arrh that is a different question!
John

manyaonisland
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Post by manyaonisland » Fri Apr 20, 2012 7:14 pm

But what happens if the person applying is in the country before even the 5 yrs period..

this typically will be the case for WP/HSMP + ILR cases as the qualifying criteria will be 5 yrs for ILR + 12 months of restriction free period

For example say someone receives the ILR on 20th Apr 2011
He was in the country from 01 Apr 2006

With this the person is eligible to apply for BC on or after 21st Apr 2012. Say person decides to apply on 23rd Apr 2012.. Now assume that on 23rd Apr 2007 the person was not in the country and was somewhere other than UK.. will this cause him the problem? he is in the country almost more than 11 months before the qualifying period actually started for BC?

What happens in these cases?

:?:
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Post by John » Fri Apr 20, 2012 7:42 pm

will this cause him the problem?
Absolutely, the application will fail. Accordingly, on those facts, the application must not be made. Making it, on those facts, would be a total waste of money.

So the person was not in the UK on 23.04.07. After that trip abroad, when did they next enter the UK?
John

Mow12345
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Post by Mow12345 » Fri Apr 20, 2012 8:33 pm

I arrived Uk in 2nd february 2007 and I allpied the BC in 20 februar 2012.
What I did was I asked proof of staying here from the Jobcentre Plus and got those letters proofing I was taking Jobseekers allowance in early february 2007.
John, is that enough as a proof of five years of staying in the Uk.

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Post by Jambo » Fri Apr 20, 2012 8:50 pm

Mow12345 wrote:I arrived Uk in 2nd february 2007 and I allpied the BC in 20 februar 2012.
What I did was I asked proof of staying here from the Jobcentre Plus and got those letters proofing I was taking Jobseekers allowance in early february 2007.
John, is that enough as a proof of five years of staying in the Uk.
I'm curious - on what basis did you apply for JSA just a few weeks after arriving to the UK?

To prove residence, normally a passport is enough.

jms_uk
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Post by jms_uk » Fri Apr 20, 2012 10:31 pm

Jambo wrote:I'm curious - on what basis did you apply for JSA just a few weeks after arriving to the UK?
.
Maybe EU citizen?

Greenie
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Post by Greenie » Fri Apr 20, 2012 10:45 pm

Or gateway refugee or someone else granted indefinite leave to enter.

elliass
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Post by elliass » Fri Apr 20, 2012 11:58 pm

bulala wrote:Hi John - Please I have a question.

1. I assume you saying that he should be in the UK when he sends the application?

2. Can he leave/travel out of the UK after UKBA would have received and are processing the application ie if using the checking service one will still hold previous national passport when the application would have been sent - is it okay to travel with previous national passport after submitting application?

Regards.
Yes, you can travel with your previous passport after submitting application. but it is better to inform UKBA by sending a letter (recorded delivery) to them and mention your destination, time (how many days a way) and personel details. All days after submition won't be counted..so no worries at all.

manyaonisland
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Post by manyaonisland » Sat Apr 21, 2012 5:53 am

John wrote:
Absolutely, the application will fail. Accordingly, on those facts, the application must not be made. Making it, on those facts, would be a total waste of money.

So the person was not in the UK on 23.04.07. After that trip abroad, when did they next enter the UK?
John, i made the situation up to illustrate my question. it did not happen. But what that means is the date 5 yrs before is important and person should be physically present in this country on that date.. it does not matter if he/she is here before that date. if he/she was not there on that date then it causes a problem. correct?[/b]
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Post by John » Sat Apr 21, 2012 7:26 am

Correct, yes.
John

manyaonisland
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Post by manyaonisland » Sat Apr 21, 2012 7:47 am

Thank you for reconfirming John.
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jms_uk
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Post by jms_uk » Sat Apr 21, 2012 8:42 am

elliass wrote: Yes, you can travel with your previous passport after submitting application. but it is better to inform UKBA by sending a letter (recorded delivery) to them and mention your destination, time (how many days a way) and personel details.
Where did you see this?

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Post by elliass » Sat Apr 21, 2012 1:36 pm

jms_uk wrote:
elliass wrote: Yes, you can travel with your previous passport after submitting application. but it is better to inform UKBA by sending a letter (recorded delivery) to them and mention your destination, time (how many days a way) and personel details.
Where did you see this?
I didn't see this, but it happened to me. and this information was provided by UKBA in Leverpol when I called them.

jms_uk
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Post by jms_uk » Sat Apr 21, 2012 2:42 pm

elliass wrote: I didn't see this, but it happened to me. and this information was provided by UKBA in Leverpol when I called them.
So, a month after I applied, if I go on a 5-day break out of the UK [counted as 3 days absence] I should notify UKBA?

And, do they expect that business people who might travel abroad once a week [0 days absence if they come back same day] to send them a letter every week during the time their application is processed [could be 6 months]?

elliass
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Post by elliass » Sat Apr 21, 2012 3:11 pm

jms_uk wrote:
elliass wrote: I didn't see this, but it happened to me. and this information was provided by UKBA in Leverpol when I called them.
So, a month after I applied, if I go on a 5-day break out of the UK [counted as 3 days absence] I should notify UKBA?

And, do they expect that business people who might travel abroad once a week [0 days absence if they come back same day] to send them a letter every week during the time their application is processed [could be 6 months]?
After submition it won't be counted, but in your case as you travel alots, you have to call UKBA and explain that you need to travel regularly for your business then see what they can advice you with; this is just to be in the safe side....in my case I sent a letter because I traveled only once for a month but not for business.

Good luck! :)

jms_uk
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Post by jms_uk » Sat Apr 21, 2012 4:41 pm

elliass wrote: After submition it won't be counted, but in your case as you travel alots, you have to call UKBA and explain that you need to travel regularly for your business then see what they can advice you with; this is just to be in the safe side....in my case I sent a letter because I traveled only once for a month but not for business.
I don't travel a lot, but I am sure there are people who do.

AN guide states the following:
While the application is under consideration we expect you to tell us about anything which alters the information you have given us. This will include changes of marital or civil partnership status or home address or agents acting on your behalf. It also includes police investigation or anything that may result in charges or indictment.
I don't feel that me going on holiday for 5-6 days will alter any information given in the form [it might for those who are close to 450/90 days limits], so I don't think that I'll be doing anything wrong in not notifying UKBA.

I see that as unnecessary burden on the case workers.
elliass wrote:Good luck! :)
Thank you!

Mow12345
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Post by Mow12345 » Sat Apr 21, 2012 7:22 pm

jms_uk wrote:
Jambo wrote:I'm curious - on what basis did you apply for JSA just a few weeks after arriving to the UK?
.
Becouse when I came here I was allready having ILR and I got my paasort after one year.
My family were here before me and I came here to join so I got the ILR in Uk embassy out side here if you know I mean.

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Post by Jambo » Sat Apr 21, 2012 7:55 pm

Mow12345 wrote:
jms_uk wrote:
Jambo wrote:I'm curious - on what basis did you apply for JSA just a few weeks after arriving to the UK?
.
Becouse when I came here I was allready having ILR and I got my paasort after one year.
My family were here before me and I came here to join so I got the ILR in Uk embassy out side here if you know I mean.
Got it. Thanks.

Greenie - well done :-)

Mow12345
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Post by Mow12345 » Sat Apr 21, 2012 9:18 pm

Jambo wrote:
Mow12345 wrote:
jms_uk wrote:
Jambo wrote:I'm curious - on what basis did you apply for JSA just a few weeks after arriving to the UK?
.
What do you think that februar 2007 is the time I came here, february 2012 is the time I applied the BC. Do you think that is enough and make sure I send proof that I was in the Uk in that period of time except few weeks holiday.

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Post by Jambo » Sat Apr 21, 2012 10:20 pm

Mow12345 wrote: What do you think that februar 2007 is the time I came here, february 2012 is the time I applied the BC. Do you think that is enough and make sure I send proof that I was in the Uk in that period of time except few weeks holiday.
I don't have the full details of your case, so can't really comment. But as I said, for proof of residence a passport/passports which cover the 5 years period is normally all that is needed.

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