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When you say 'go to the counter', I'm assuming you mean submit the application with the NCS.farwailr wrote:Question from my brother in law :
His ILR approved on 29th Sep 2015 and he is preparing his application for citizenship.
Can he go to counter on 29th Sep 2016 and apply or he have to go on 30th Sep? Reason behind this is because he is planning to go abroad and booking airline tickets.
Regards
There is a legal requirement for your brother-in-law to have been in the UK on the day five years before his application, otherwise his application will be refused. Get him to check his presence in the UK on the specific date.secret.simon wrote:Was he present in the UK on the specific dates that Casa and I asked you about? Get him to check his passport and verify that he was not outside the UK on those dates.
Casa wrote:Assuming he intends to submit his BC application with the NCS on 29.09.16 was he present in the UK on 29.09.2011
Edit: Pipped to the post this time by secret.simon
Why?WR1 wrote:If the application is made on 29/09/16 by NCS, then the applicant must have been physically present in the UK on 30/09/2011
From Booklet AN:Casa wrote:Why?WR1 wrote:If the application is made on 29/09/16 by NCS, then the applicant must have been physically present in the UK on 30/09/2011
The date of application is the date received by the NCS.
Postal applications, the date received by the Home Office.
Unless i'm missing something?The residence requirements:
1. 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 20/1/2015 you should have been physically present in the United Kingdom on 21/1/2010.
Most applications that fail do so because applicants have applied even though they cannot satisfy the residence requirement to be present in the UK at the beginning of the residential qualifying period.
Because there are multiple requirements for naturalisation spelt out by Parliament. Add Schedule 1 of the British Nationality Act 1981 to your light reading.farwailr wrote:When UKBA counts 5 years back from application then why do we have to stay 1 year on ILR.
Yes.farwailr wrote:So in my brother in law case he was in UK on 29th Sep 2011 and also on 30th sep so it means he is good to go on 29th sep 2016.
WR1's earlier post is correct in that the requirement of the law is that the person is in the UK at the beginning of five years from the date of application. Thus, technically (date of application - 5 years + 1 day). We tend to drop the 1 day element for the case of simplicity, but that is the correct interpretation of the requirements (see Schedule 1 above).noajthan wrote:The guidance booklet is not a definitive statement of the law; it could be wrong and/or out of date.
