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Physically present in the UK on the day 5 years before

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

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epps
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Physically present in the UK on the day 5 years before

Post by epps » Wed Dec 31, 2014 8:47 am

Hi guys,

I have a question about the requirement that
You must be physically present 5 years before the date of application is received by the Home Office.

I was away from the UK between Dec 2009-Jan 2010; specifically I left on the day of Dec 14 and returned on Jan 14 of 2010. The stamps on my passport shows that I came back on Jan 14 of 2010. Would I be considered as being present on Jan 14th?

I intend to apply via NCS at my local council, so I'm trying to figure out what is the earlier appointment I should make?
Would Jan 13th be plausible?

Many thanks.

akhurshid
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Location: UK
United Kingdom

Re: Physically present in the UK on the day 5 years before

Post by akhurshid » Wed Dec 31, 2014 10:30 am

epps wrote:Hi guys,

I have a question about the requirement that
You must be physically present 5 years before the date of application is received by the Home Office.

I was away from the UK between Dec 2009-Jan 2010; specifically I left on the day of Dec 14 and returned on Jan 14 of 2010. The stamps on my passport shows that I came back on Jan 14 of 2010. Would I be considered as being present on Jan 14th?

I intend to apply via NCS at my local council, so I'm trying to figure out what is the earlier appointment I should make?
Would Jan 13th be plausible?

Many thanks.
You can make an appointment on 14th so HO will receive your application on 15th and you'll be physically present.
Technically the date would be 13th of Jan but I would recommend you submit your application on 13th via NCS.

epps
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Joined: Wed Dec 31, 2014 8:34 am

Re: Physically present in the UK on the day 5 years before

Post by epps » Wed Dec 31, 2014 11:27 am

Thank you for your reply.

I want to submit my application the earliest date possible; the reason is that I need to make a business related 5-month trip abroad on the 14th of Jan. I'm worried that if I submit my application after my trip, I won't meet the requirement of no more than 90 days absence in the past 12 months.

Do you think my 5-month absence while my application is being processed will cause me trouble?
I understand that if my application was successful, I would have to attend an interview then the ceremony?
I wonder how long the interview could be postponed, better still after I come back in May? Is the interview compulsory and could it be held in another country (Singapore, to be precise)

t123456789
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Posts: 246
Joined: Fri Oct 03, 2014 1:24 pm

Re: Physically present in the UK on the day 5 years before

Post by t123456789 » Wed Dec 31, 2014 2:21 pm

The answer is yes, you are considered to be in the country if you have a stamp for that day. Only full days out of the country are counted.

Note that the HO may not receive your application until after the 14th when you're out of the country (postal delays or processing delays or whatever). This shouldn't be a problem unless you're (a) missing documents (b) your payment is refused.

You will need to return for the citizenship ceremony. Make sure someone is checking your mail for the approval letter. You have 3 weeks to make the appointment and 90 days to attend the ceremony from the approval date.

epps
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Re: Physically present in the UK on the day 5 years before

Post by epps » Wed Dec 31, 2014 2:36 pm

t123456789 wrote:The answer is yes, you are considered to be in the country if you have a stamp for that day. Only full days out of the country are counted.

Note that the HO may not receive your application until after the 14th when you're out of the country (postal delays or processing delays or whatever). This shouldn't be a problem unless you're (a) missing documents (b) your payment is refused.

You will need to return for the citizenship ceremony. Make sure someone is checking your mail for the approval letter. You have 3 weeks to make the appointment and 90 days to attend the ceremony from the approval date.
Thank you for the kind reply, t123456789!
I would be so relieved if as you said only full days out of the country are counted. Do you happen to remember if this has been stated in any official documents?
I plan to use NCS, do you think there is still a probability that HO may not receive my application?
Another question is in what circumstances that my payment will be refused, besides insufficient fund in my bank account?

t123456789
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Posts: 246
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Re: Physically present in the UK on the day 5 years before

Post by t123456789 » Wed Dec 31, 2014 3:55 pm

It is but I can't find it. Clearly if you have an entry stamp you must have been in the UK on that date. However, in your case, it doesn't matter. The HO uses the day after they receive the application. That means if you apply on the 13th the date the HO will use is the 15th (assuming they receive it on the 14th).

The NCS simple post your application via Royal Mail next day guaranteed delivery. Sometimes things go missing, so it's possible but unusual. The usual reason payment is rejected is because your bank thinks it's a fraudulent transaction. There's not much you can do about this, you can try phone your bank and let them know but it depends on your bank.

epps
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Re: Physically present in the UK on the day 5 years before

Post by epps » Wed Dec 31, 2014 4:18 pm

t123456789 wrote:It is but I can't find it. Clearly if you have an entry stamp you must have been in the UK on that date. However, in your case, it doesn't matter. The HO uses the day after they receive the application. That means if you apply on the 13th the date the HO will use is the 15th (assuming they receive it on the 14th).

The NCS simple post your application via Royal Mail next day guaranteed delivery. Sometimes things go missing, so it's possible but unusual. The usual reason payment is rejected is because your bank thinks it's a fraudulent transaction. There's not much you can do about this, you can try phone your bank and let them know but it depends on your bank.
Again thank you very much.
You have been very helpful. Wish you a very happy 2015!

epps
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Re: Physically present in the UK on the day 5 years before

Post by epps » Wed Dec 31, 2014 5:13 pm

t123456789 wrote:It is but I can't find it. Clearly if you have an entry stamp you must have been in the UK on that date. However, in your case, it doesn't matter. The HO uses the day after they receive the application. That means if you apply on the 13th the date the HO will use is the 15th (assuming they receive it on the 14th).

The NCS simple post your application via Royal Mail next day guaranteed delivery. Sometimes things go missing, so it's possible but unusual. The usual reason payment is rejected is because your bank thinks it's a fraudulent transaction. There's not much you can do about this, you can try phone your bank and let them know but it depends on your bank.
Apology for having yet another question.
Say I make a NCS appointment on the 8th of Jan. Could I ask the officer to postpone sending out my applicatioin/documents to the HO? Say ask them to send out on the 14th instead, then the HO would receive my application on the 15th at the earliest.

t123456789
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Posts: 246
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Re: Physically present in the UK on the day 5 years before

Post by t123456789 » Wed Dec 31, 2014 6:31 pm

You can ask. Each NCS is different, some only post in batches once a week, others on the same day. If they accidentally send your application though...

vinny
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Re: Physically present in the UK on the day 5 years before

Post by vinny » Wed Dec 31, 2014 7:39 pm

epps wrote:Thank you for the kind reply, t123456789!
I would be so relieved if as you said only full days out of the country are counted. Do you happen to remember if this has been stated in any official documents?
Yes.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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epps
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Re: Physically present in the UK on the day 5 years before

Post by epps » Thu Jan 01, 2015 1:49 pm

vinny wrote:
epps wrote:Thank you for the kind reply, t123456789!
I would be so relieved if as you said only full days out of the country are counted. Do you happen to remember if this has been stated in any official documents?
Yes.
Thanks very much, vinny.

ban.s
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Re: Physically present in the UK on the day 5 years before

Post by ban.s » Sat Jan 03, 2015 11:52 pm


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