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Citizenship application refused

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

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oxana777
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Kazakhstan

Re: Citizenship application refused

Post by oxana777 » Mon Apr 13, 2020 10:13 pm

secret.simon wrote:
Mon Apr 13, 2020 10:05 pm
oxana777 wrote:
Sun Apr 12, 2020 6:58 pm
I have been looking through this thread and im confused a little bit. If the person applied on the 13th feb 2020, why does he need to be present in the uk on the 14th feb 2015? Shouldnt they be present on the 13th feb 2015? (Literally dont understand what 14th feb has to do with it?) im applying very soon and dont want to get refused, so if i apply on the 17th april, but i was on hol on the 18th april 2015 - i will get rejected?
The requirement is that you need to have been physically present in the UK at the start of the five/three year period (depending on whether you are applying as the spouse of a british citizen) immediately preceding the date of application.

If you applied on 17th April 2020, the start of a one year period before that date would be 18th April 2019. Similarly, the start of the five year period before that date would be 18th April 2015.

If you know that you were absent on 18th April 2015, do not apply on 17th April 2020.

Indeed, I would expand on @Djsuccess's timeframe. I would avoid applying in the same week where I know that five (or three as the case may be) years ago, I was physically absent from the UK.

Keep in mind that the Home Office has no discretion to disregard this requirement. They can ask you to redeclare your application (delaying it), but they can't ignore this requirement completely. If they requirement is not met, they must reject your application (keeping the fees).
Thanks. Even more confused with the April 2019? I feel like im missing something
I have been living in the UK since September 2005. On the 18th April 2015 i went on holiday for 10 days. So you are saying that I better not apply on the 16th-17th 2020 as it would get rejected? So if i apply after 28th (i came back from holiday on 28th April 2015) i should be ok?

secret.simon
Moderator
Posts: 11373
Joined: Thu Feb 21, 2013 9:29 pm

Re: Citizenship application refused

Post by secret.simon » Mon Apr 13, 2020 10:17 pm

oxana777 wrote:
Mon Apr 13, 2020 10:13 pm
Even more confused with the April 2019? I feel like im missing something
Ignore that. I meant it as an example. There is no requirement to be physically present at the start of one year prior to the date of application.
oxana777 wrote:
Mon Apr 13, 2020 10:13 pm
I have been living in the UK since September 2005. On the 18th April 2015 i went on holiday for 10 days. So you are saying that I better not apply on the 16th-17th 2020 as it would get rejected? So if i apply after 28th (i came back from holiday on 28th April 2015) i should be ok?
I'd suggest applying on or after 30th April 2020, to be on the safe 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.

oxana777
Junior Member
Posts: 97
Joined: Tue Jan 21, 2014 5:39 pm
Mood:
Kazakhstan

Re: Citizenship application refused

Post by oxana777 » Mon Apr 13, 2020 10:19 pm

secret.simon wrote:
Mon Apr 13, 2020 10:17 pm
oxana777 wrote:
Mon Apr 13, 2020 10:13 pm
Even more confused with the April 2019? I feel like im missing something
Ignore that. I meant it as an example. There is no requirement to be physically present at the start of one year prior to the date of application.
oxana777 wrote:
Mon Apr 13, 2020 10:13 pm
I have been living in the UK since September 2005. On the 18th April 2015 i went on holiday for 10 days. So you are saying that I better not apply on the 16th-17th 2020 as it would get rejected? So if i apply after 28th (i came back from holiday on 28th April 2015) i should be ok?
I'd suggest applying on or after 30th April 2020, to be on the safe side.
Below is the quote from the Home Office guidance, just an FYI. Hence im trying to see where is this +/- several days thing coming from to be honest.

• 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.
• For example, if your application is received on 05/01/2018 you should have been physically present in the UK on 05/01/2013.

secret.simon
Moderator
Posts: 11373
Joined: Thu Feb 21, 2013 9:29 pm

Re: Citizenship application refused

Post by secret.simon » Mon Apr 13, 2020 10:22 pm

oxana777 wrote:
Mon Apr 13, 2020 10:19 pm
Hence im trying to see where is this +/- several days thing coming from to be honest.
The guidance is just that; guidance. I have quoted the specific section of the law that applies in this case above.

The margin is to prevent a sloppy caseworker from miscalculating, rejecting your application and it going into reconsideration (which can take months).

Better to be safe than sorry. But of course, it is your money and your time.
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.

oxana777
Junior Member
Posts: 97
Joined: Tue Jan 21, 2014 5:39 pm
Mood:
Kazakhstan

Re: Citizenship application refused

Post by oxana777 » Mon Apr 13, 2020 10:25 pm

secret.simon wrote:
Mon Apr 13, 2020 10:22 pm
oxana777 wrote:
Mon Apr 13, 2020 10:19 pm
Hence im trying to see where is this +/- several days thing coming from to be honest.
The guidance is just that; guidance. I have quoted the specific section of the law that applies in this case above.

The margin is to prevent a sloppy caseworker from miscalculating, rejecting your application and it going into reconsideration (which can take months).

Better to be safe than sorry. But of course, it is your money and your time.
Ok i see, thanks. I have got everything ready, including signed declarations etc. Hence worry now that by end of this month the date of declarations will get out of date and i will have to redo it all over again which is a pain in current situation.. hence just wanted to apply asap :(

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Djsuccess
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Posts: 1161
Joined: Wed Jun 22, 2016 6:37 pm
United Kingdom

Re: Citizenship application refused

Post by Djsuccess » Tue Apr 14, 2020 4:35 pm

oxana777 wrote:
Mon Apr 13, 2020 10:25 pm
secret.simon wrote:
Mon Apr 13, 2020 10:22 pm
oxana777 wrote:
Mon Apr 13, 2020 10:19 pm
Hence im trying to see where is this +/- several days thing coming from to be honest.
The guidance is just that; guidance. I have quoted the specific section of the law that applies in this case above.

The margin is to prevent a sloppy caseworker from miscalculating, rejecting your application and it going into reconsideration (which can take months).

Better to be safe than sorry. But of course, it is your money and your time.
Ok i see, thanks. I have got everything ready, including signed declarations etc. Hence worry now that by end of this month the date of declarations will get out of date and i will have to redo it all over again which is a pain in current situation.. hence just wanted to apply asap :(
You don't necessarily need to change the documents you have now. Just wait until 30th April has you have been advised before you submit. That two weeks of wait till the end of the month is better than having an application refused. Don't forget that you will still need to book an appointment at Sopra Steria and with the current lockdown, I dont know if people are still getting appointment slots
I am not a lawyer and do not claim to be one. All my comments here are based on my opinions, experience and interpretation of the appropriate UKVI guidance documents and immigration rules.

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