Residence requirements - Physical presence 5 years ago

Good afternoon all,

Unfortunately I made the mistake. I sent my application on a date that I was not physically in the UK 5 years back (as a matter of fact I returned only 2 days later - 5th and 7th September 2014). thankfully, I received a letter by Home Office that I can re-sign and re-send a part of the application in order to get a "new"application date.
I am however very confused. what I received is this:

"Your application was received on the 4th September 2019 and so your qualifying period is from 5th September 2014 to 4th September 2019…….As you were not in the United Kingdom on 5th September 2014 this requirement is not met.

However, if you wish to re-sign and re-date the enclosed form at Section 7, we will be able to continue our consideration. Your application date will be the date that your re-declared application form is received back in the Home Office and, to avoid any further problems, the application form should not be returned before 4th November 2019.

If you do not reply by the the due date your application will be refused on the grounds that you do not meet the statutory residence requirements for naturalisation."

I see no reason why I should wait until the 4th of November before re-sending the new application. I was in the UK for all that time (I left again in February 2015). Moreover, I could find nowhere any information regarding that "due date". I'm concerned that this is a mistyping and instead of "should be returned before the 4th of November" they've typed "Should not". If that's the case the due date could be the 4th of November and if I wait until then as they advise me I will get properly refused.

Is there something that I'm missing??? any information would be appreciated

Hey

They are playing the nice guys with you. You know, they are legally entitled to take your money and refuse the application at this occasion because you are relying on an invalid eligibility period.

This "should not" seems incorrect to me.

If you wait too long, they might have to take a decision based on the eligibility period you originally submitted and refuse your application.

If you look back to 2014, did you travel further in October / November? I would say, if you were in the UK during October 2014, just sign that document and send it asap.

neverme wrote: ↑

Sat Oct 19, 2019 6:33 pm

I'm concerned that this is a mistyping and instead of "should be returned before the 4th of November" they've typed "Should not". If that's the case the due date could be the 4th of November and if I wait until then as they advise me I will get properly refused.

I'm inclined to agree with your interpretation. You need to date and send it within two months of the date of the original application.

Naturalisation as a British citizen by discretion caseworker guidance wrote:Where the applicant fails to meet the requirement to be in the UK at the start of the qualifying period by 2 months or less, either side of the application date, you must consider using discretion to allow them to re-declare their application. Where discretion is being exercised you must request that the applicant re-declares their application, by using Doc Gen letter 4746.(Pages 14-15)

Thanx for the quick replies.

I was here for the whole October and November. I left again in February 2015.

I will sign it and send it. And fingers crossed.

i guess I will use the address mentioned at the top of the letter, right?

neverme wrote: ↑

Sat Oct 19, 2019 6:48 pm

i guess I will use the address mentioned at the top of the letter, right?

Ah, I can't advise on that. I have never had to deal with this issue.

Thank you

Hi neverme,
Can you please confirm how many days after your biometric appointment did you receive the letter from home office with the redate form?

Also was it sent in hard copy or via email?

It was a hard copy which I received 10 days after the appointment for the biometrics