Naturalisation Residential requirement Please Help!

[LostEmperor]

The quoted text is taken from UKBA naturalisation website.

"When does the residential qualifying period start?

The residential qualifying period is calculated from the day when we receive your application. Most unsuccessful applications fail because the applicant was not present in the UK at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we receive your application on 25 March 2010, you must show that you were in the UK on 26 March 2005."

My question is:

Does this mean you have to be physically present in UK on 26th march?
what if I was in UK from 1st march 2005 till 24th march 2005 and travelled on 24th March 2005 abroad and came back to UK on 30th March 2005.

Will my application be refused or not if I had applied on 25th march 2010?


Thanks!

Note: The dates are in past but I'm trying to understand this rule as my future dates for naturalisation has the same scenario.

[ban.s]

Yes, it will be refused. This is a condition one MUST satsify.

As per your example, you should have either submitted in advance latest by 23rd March 2010 or postponed submission of your application to 29th March 2010

[LostEmperor]

Yes, it will be refused. This is a condition one MUST satsify.

As per your example, you should have either submitted in advance latest by 23rd March 2010 or postponed submission of your application to 29th March 2010

I checked with few immigration consultants and they said by this rule they mean you should've entered in UK by 26th March 2005, which I did but I only went out of UK for short holiday.
so should I assume that this rule requires a person to be physically present in UK on 26th March 2005?

[ban.s]

I checked with few immigration consultants and they said by this rule they mean you should've entered in UK by 26th March 2005, which I did but I only went out of UK for short holiday.
so should I assume that this rule requires a person to be physically present in UK on 26th March 2005?

what are your dates? e.g. entry date? holiday dates? and planned naturalisation application date? it would be much easier to discuss on real dates than theoretical discussion based on the example.

[LostEmperor]

what are your dates? e.g. entry date? holiday dates? and planned naturalisation application date? it would be much easier to discuss on real dates than theoretical discussion based on the example.

I came to UK on 15 Jan 2003 as a student
I changed status to work permit on 15 Jan 2008
I got ILR on 28 Dec 2012

proposed date for naturalisation is 28 Dec 2013

I travelled to Pakistan entry stamp on 29th Dec 2008 and returned back to UK on 4th Feb 2009 (out of UK for 36 days)

28 dec 2013 is saturday so I cannot apply on this date. If I apply on 30th dec 2013 which is monday, then the question is: will my application be refused or not? on the basis of the rule I have quoted in my first question!

Thanks for your help.

[ban.s]

yes, it will be refused as you were not physically present in the UK on 31st Dec 2008.

this is an unwaivable requirement that you must satisfy otherwise the application will be refused.

so even though you complete 12 months ILR on 28th Dec 2013, you need to wait until 3rd Feb 2014.

ps: I hope you are aware date of application in this context is the date on which Ukba receives your application and not the date of submission.

[LostEmperor]

yes, it will be refused as you were not physically present in the UK on 31st Dec 2008.

this is an unwaivable requirement that you must satisfy otherwise the application will be refused.

so even though you complete 12 months ILR on 28th Dec 2013, you need to wait until 3rd Feb 2014.

ps: I hope you are aware date of application in this context is the date on which Ukba receives your application and not the date of submission.

ok I understand. Thanks for the clear answer.
If I may ask you an extension to this question i.e.

The reason why I'm concerned is that my employer (an International company which has offices in UK and around the world in 85 countries i.e. its not only UK based firm) wants to transfer me to USA on L1 work visa for 3 years (its a non immigrant USA visa).
when I apply in Feb if my absences are less than 90 days which UKBA requires in last 12 months. Can UKBA refuse my naturalisation suspecting that I dont intend to make UK as my home in future?

Thanks a lot!

[psb]

Could someone please confirm that the application, in the case of a spouse, could be posted by first class mail, two days prior the third anniversary of first entry into the UK.

Let's assume the foreign spouse first entered the UK on the 11 May 2010, she can post the application form by first class/next day delivery on the 9 May 2013, which would be received by the Home Office the next day (10 May 2013).

11 May 2010 - spouse first entered the UK

9 May 2013 - application form posted first class/next day delivery

10 May 2013 - application received by Home Office

[vinny]

11 May 2010 - spouse first entered the UK

9 May 2013 - application form posted first class/next day delivery

10 May 2013 - application received by Home Office

Why not (avoid any risk and) send the application on 11 May?