Immigrationboards.com

Hi -

I've applied for British Citizenship as spouse of a British Citizen and having had ILR for over a year. I fulfilled ALL requirements but just realised that I wasn't here in the UK on the exact day 3 years prior to the application!

I'd first arrived in July 2012, and I got the IRL in Sept 2014. I applied for citizenship on the 7th of Jan, 2016.

But I was on holiday/work in India from 20th Dec 2012 to 26th April 2013.

So I wasn't here on the 7th Jan 2013 - oooops!

What should I do? Should I write to them and ask them if I can change the application date to 19th Dec 2012?

To quote from the Residence Requirements - page 4:

"3.3 Where an applicant misses the requirement to have been in the
United Kingdom on the date 5(3) years prior to the application date by
2 months or less either way, for whatever reason, we may consider
offering re-declaration if:

 (subject to the initial two months limit) the applicant could meet the
unwaivable residence requirement now that the case is being
looked at (there is no maximum time limit between application date
and consideration of this point); or
 (where the case is being considered within two months of the date
of application) the requirement would be met within that two
months (e.g. if the application date was 1.7.03, and we were
looking at the case on 1.8.03, we would need to see whether the
applicant was likely to meet the requirements by 1.9.03 to ensure
that he/she was allowed a full two months from the date of
application)

When they say "application date by 2 months or less EITHER way" I presume they mean 2 months before or after the application date? Or will I have to apply after 26th April? That would be very annoying indeed!

Also - I want to check...is all the communication from the home office sent by recorded or ordinary post?

Please let me know.

I intend to contact them in the coming week anyway to inform them of this massive error, but would be good to get an expert point of view too...

Best

Pubali

Comms sent by ordinary second class post.

Likely that your application will be refused. There is no discretion regarding the 'physically present' rule. You would have had to ask for the 2 months discretion at the time of application or applied in December 2015 or wait till April 2016. The extract you quote refers to 'forward dating' or reviewing an application NOT back dating it (as you could have applied on the back dated date) and forward dating even, you are still more than 2 months from 26 April.

Not sure how you missed this fundamental requirement, it is clearly mentioned in the website and guidance notes. Did you use NCS to apply or did you apply directly by post?

OK.

So in that case, do I just write to them, tell them I committed an error and withdraw my application?

And reapply with another application dated Dec 19th, 2015?

Or wait for them to revert?

I found the wording confusing, which might explain why this has happened. I applied directly by post.

If you withdraw the application, you don't get the fee refunded (except £80 for the ceremony that you won't be taking)

The physical presence 5/3 years ago is one of the few requirements that the Home Office has no discretion over as it is mentioned as a requirement in the British Nationality Act 1981.

If your application has already been opened, the fees will have been processed and the rejection will already be on its way as this is one of the most straightforward rejections for naturalisation applications.

Even if it has not been opened, as ohara has mentioned, you won’t get your fee refunded if you cancel an application that you made in the UK.

You could try stopping the cheque if you paid by cheque, but others will advise you on whether that is wise or not. Otherwise, think of it positively as a donation towards paying down the national debt.

And I am sure that you now see the value of the NCS service, even if you have to pay about £50-100 to access it.

Further reading: Cancel your visa, immigration or citizenship application

OK - thanks for your reply.

I guess I'll just tell them I made a mistake, request that they offer me re-declaration with an application dated the 19th of December, and if not just cut my losses and get on with my life. Wait for them to send everything back with a refusal.

If I have to reapply in April, and pay again, I have to, nothing can be done about it.

Though I imagine that they will be fair - they usually are. I'll just hope that they will be...

Pubali wrote:OK.

So in that case, do I just write to them, tell them I committed an error and withdraw my application?

And reapply with another application dated Dec 19th, 2015?

Or wait for them to revert?

I found the wording confusing, which might explain why this has happened. I applied directly by post.

You cannot re-apply with a backdated date of 19th December as this has passed as this is not the date of submission. HO don't work like that. Date of application is the date that HO receives your application if you applied by post or date of submitting through NCS if you use NCS.

Your only option is to apply again when you meet this requirement from 26th April onwards and pay another fee (which increases on 6th April).

They won't be 'fair'. You failed on the most basic requirement of physically present. There is no discretion to 'be fair' when it comes to Nationality Laws (laws which are very different to immigration rules) and where British citizenship is a privilege and not a right.

Hope springs eternal in the human breast - Alexander Pope.

I must say that it is nice to hear from somebody on these forums who has a realistic frame of mind and who has something positive to say about the UKV&I. You are quite a rarity.

OK. Thanks for your reply Char.

I appreciate your help, though I do feel I am being told off like a school child.

Thank you again though.

Sorry, I did not intend to 'tell you off' but we certainly don't sugar coat things on the forum as that would be unfair to users and raise their hopes unrealistically.

Definitely don't expect any sugar coating.

I'm going to write to them anyway, and see what they say.

I was going to ask you about this paragraph, sounds like they do want to help people to not lose their money?

"Caseworkers should decide whether or not the start date requirement
is/will be met by weighing up the information already on the
application form/file (which should be assumed to be correct), and
need not send for passports, etc. If it turns out that this information is
incorrect, and the applicant is eventually refused either because of the
start date or for some other reason, we will at least have tried to help
the applicant by offering re-declaration, and no money will normally
have been lost as a direct result of the re-declaration process."

In my case it'll be the start date that's wrong - am I correct?

Also - just to check that I don't make a mistake again, am I right in thinking that the number of total absences from the UK are during the last 3 years, and NOT counted from the day of first arrival in the UK?

Give it a go, maybe you have an understanding caseworker.

Absence is calculated backwards 3 years from date of application received by HO.

Thanks again so much for your help.

This is a lesson learnt and next time (if there is a next time) I'm going to use the NCS!

Thanks again.

I'll keep you guys posted about the outcome, as it may help someone else in the same position.

Cheers

Good luck and please let us know the outcome.

Char

Pubali wrote:OK. Thanks for your reply Char.

I appreciate your help, though I do feel I am being told off like a school child.

Thank you again though.

If you saw how many come here having made such a mistake, you would understand why some people might be frustrated

Suggest you have a very good read through of both AN Booklet and AN Guide before applying again. You should certainly consider using the NCS next time, as they are there to pick up on exactly this sort of mistake.

Good luck for next time

P.S. the fee is increasing to £1236 in April.

Thanks.

This is what I found:

"Fees for nationality will increase by 25% - each applicant will now need to pay £1,156, up from the current fee of £1,005."

Anyway money come and goes and I'm not going to cry over spilt milk. However I'm not going to not write to them and ask for their consideration, especially in the light of the above quoted paragraph.

Thanks again for your comments, have a good evening.

Sorry to drag on the discussion but I have another question...

Given the two month discretion, can I apply on the 28th of Feb? As I was in the UK on the 27th of April 2013.

Or better not?

Also what is the email to write to?

Is this the one?

FurtherNationalityEnquiries@homeoffice.gsi.gov.uk>

Just an update - I've been asked to submit my biometrics recently...so the application hasn't been rejected yet.

Applications only start to be considered after biometrics are enrolled.

You're either going to be extremely lucky, or you're going to get the rejection letter through the post in a few weeks time.

Pubali wrote:Sorry to drag on the discussion but I have another question...

Given the two month discretion, can I apply on the 28th of Feb? As I was in the UK on the 27th of April 2013.

Or better not?

If you are refused this application I certainly wouldn't risk another one by submitting before the qualifying date in April and asking for a reconsideration on the residence rules.

Thanks ohara, I wasn't actually looking for any advice, just updating my progress. Either way, I'm pretty sure that I will be asked to change the date of the application as according to the website, their intent is to help people and the process and not hinder them. To quote again:

"Caseworkers should decide whether or not the start date requirement
is/will be met by weighing up the information already on the
application form/file (which should be assumed to be correct), and
need not send for passports, etc. If it turns out that this information is
incorrect, and the applicant is eventually refused either because of the
start date or for some other reason, we will at least have tried to help
the applicant by offering re-declaration, and no money will normally
have been lost as a direct result of the re-declaration process."

I'm OK with re-declaration as long as the money isn't lost, which if I look at the above, shouldn't happen.

It wasn't ohara who advised caution, it was me. But I can see that you don't need any further help. Good luck.

I have actually received this reply from ohara, and reacted to this…

"Applications only start to be considered after biometrics are enrolled.

You're either going to be extremely lucky, or you're going to get the rejection letter through the post in a few weeks time."

Curious as to why you say I need to be 'cautious'? It's either one outcome or another and given that they have started the process so late, it's actually not much time lost as if I have to reapply on the 26th of April, that's only a month away. As for the money even if I have to repay it will be a shame, but it won't bankrupt me!

Thank you for your reply, though. I updated as it may be useful for others who may be in the same boat.

Caution as in losing another application fee, but then as you say the money doesn't matter.