Citizenship Approved unique case

makky86 wrote: ↑

Sat Feb 16, 2019 11:27 am

Now I was out of the country until 11th Jan 5 years back

secret.simon wrote: ↑

Sat Feb 16, 2019 1:02 pm

makky86 wrote: ↑

Sat Feb 16, 2019 11:27 am

Now I was out of the country until 11th Jan 5 years back

What date did you leave the UK five years ago?

Presence in the UK at the start of the qualifying period

There are certain people who do not need to have been in the UK at the start of the 5 year qualifying period. These are:
• applicants who are applying only on the grounds of Crown service
• applicants who are or have been a member of the UK armed forces
• spouses or civil partner of British citizens in Crown or designated service overseas
• applicants who are technically absent from the UK

All other applicants must have been physically present in the UK on the first day of the qualifying period. There is no discretion to overlook this requirement.
…
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.

Nusratali786 wrote: ↑

Sat Feb 16, 2019 1:48 pm

Secret simon just keep it secret plz. The guy is happy and home office have power vested in the case worker to make the decision.

secret.simon wrote: ↑

Sat Feb 16, 2019 1:50 pm

Nusratali786 wrote: ↑

Sat Feb 16, 2019 1:48 pm

Secret simon just keep it secret plz. The guy is happy and home office have power vested in the case worker to make the decision.

The point I am making is that there is no discretion. I'd rather advise that the OP is aware of any likely issues now and fixes them asap than have issues a few years down the line.

The only other alternative explanations that I have are that the caseworker has likely taken the Sopra Stevia visit on 14th January as the date of submission or effectively as a redeclaration (especially if the submitted documents were dated 14th January). But short of the above two, it is likely that the approval may be incorrect in law. The caseworker can't grant approval in a case where the requirements of the law are not met.

makky86 wrote: ↑

Sat Feb 16, 2019 11:27 am

Now I was out of the country until 11th Jan 5 years back. By mistake I applied online on 6th Jan 2019 later I came to know the date of application is actually the date of acknowledgemnt which I received on 7th Jan 2019.

You must also check that you were physically present in the UK 5 years (3 years if
you are married to or in civil partnership with a British citizen) before the date that the
application will be received by the Home Office or other receiving authority

makky86 wrote: ↑

Sat Feb 16, 2019 11:27 am

Hi Everyone,

First of all thanks to all the members for helping each other specially CR001

I thought I'd share my little story in case others might fall in same situation.

I got my ILR on 8th Jan 2018 so I was eligible for Citizenship on 8th Jan 2019.

Now I was out of the country until 11th Jan 5 years back. By mistake I applied online on 6th Jan 2019 later I came to know the date of application is actually the date of acknowledgemnt which I received on 7th Jan 2019.

So technically I was not elible and also out of countr.y

I attached covering letter mentioining that it was a geniune mistake but I didn't have any hopes being honest.

Today out of nowhere I receive letter in a second class post and it was my citizenship approval haha

The date of approval is 11th Feb 2019 so they actually processed in less than month.

Again thanks for everyone I hope it may be useful for others.

romado wrote: ↑

Sat Feb 16, 2019 2:11 pm

makky86 wrote: ↑

Sat Feb 16, 2019 11:27 am

Now I was out of the country until 11th Jan 5 years back. By mistake I applied online on 6th Jan 2019 later I came to know the date of application is actually the date of acknowledgemnt which I received on 7th Jan 2019.

That's interesting. I applied online on 22th of Nov 2018, received Payment confirmation in 2 mins after submitted application, but actual acknowledgement letter (with case number) came next day 23 Nov. I physically left the UK for business trip on 23th of Nov 2015.

Guide tells following:

You must also check that you were physically present in the UK 5 years (3 years if
you are married to or in civil partnership with a British citizen) before the date that the
application will be received by the Home Office or other receiving authority

So what is to be considered the day of "application receive" when applying online? In my view it should be the date when you click "Submit" button.

secret.simon wrote: ↑

Sat Feb 16, 2019 1:50 pm

Nusratali786 wrote: ↑

Sat Feb 16, 2019 1:48 pm

Secret simon just keep it secret plz. The guy is happy and home office have power vested in the case worker to make the decision.

The point I am making is that there is no discretion. I'd rather advise that the OP is aware of any likely issues now and fixes them asap than have issues a few years down the line.

The only other alternative explanations that I have are that the caseworker has likely taken the Sopra Stevia visit on 14th January as the date of submission or effectively as a redeclaration (especially if the submitted documents were dated 14th January). But short of the above two, it is likely that the approval may be incorrect in law. The caseworker can't grant approval in a case where the requirements of the law are not met.

I think an SAR on the Home Office may be in order to see what the caseworker has noted on the file.