Presence in UK at beginning of the 5 yr qualifying period

Hi experts,

I was reading the Residence requirements Annex B and there is something I still do not get regarding point 3. Presence in the UK at the beginning of the 5 years qualifying period.

Our absences in the UK are very minimal and we currently hold ILR and want to apply for BC next October. Is there anything I need to be aware of re the above guidance/notes?

Many thanks in advance

Cosmos wrote:Hi experts,

I was reading the Residence requirements Annex B and there is something I still do not get regarding point 3. Presence in the UK at the beginning of the 5 years qualifying period.

Is there anything I need to be aware of re the above guidance/notes?

Cosmos,

I am no expert, but the day when you submit your application in, 5 years in the past on same day you should have been physically present in the UK.

In laymens terms if I were to file Naturalisation application dated 27/08/2012, I must be physically present in the UK on 28/08/2007. One can argue over 27/08/2012 as well. But hope you get the point!

Good luck.

Mauser1905 wrote:

Cosmos wrote:Hi experts,

I was reading the Residence requirements Annex B and there is something I still do not get regarding point 3. Presence in the UK at the beginning of the 5 years qualifying period.

Is there anything I need to be aware of re the above guidance/notes?

Cosmos,

I am no expert, but the day when you submit your application in, 5 years in the past on same day you should have been physically present in the UK.

In laymens terms if I were to file Naturalisation application dated 27/08/2012, I must be physically present in the UK on 28/08/2007. One can argue over 27/08/2012 as well. But hope you get the point!

Good luck.

Dear Mauser1905,

Thanks for your reply!
Just to clarify a bit further, then according to your example,if I apply on the 29/08/2012 or further it will be perfectly acceptable?

On my case the first day after the 5 years qualifying period is on the 30th September 2012 and my only absence during this was from the 5th to 7th October 2007. So would I be cleared to submit my application any date before the 5th October 2012 or after the 7th right?

It's not the day you submit the application but the day the HO recieves the application so take into account post delivery time. Make sure you get it right as the HO can't apply discretion with this requirement.

[/quote]

On my case the first day after the 5 years qualifying period is on the 30th September 2012 and my only absence during this was from the 5th to 7th October 2007. So would I be cleared to submit my application any date before the 5th October 2012 or after the 7th right?[/quote]

Good mornign Cosmos,

Based on your information above, yes, it would be ok to apply between 30/09 to 04/10. and from 8/10 onwards.

One thing to note is for counting the number of days absence, the days on which you left and arrived in the UK are not counted as absence.

Again I am no expert, and hope you take a pinch of salt with my words!

Good luck.

Thanks a lot Mauser1905!

Jambo, one more question, what about if I do it through NCS? It will be again the day they receive it?

Cosmos wrote:Thanks a lot Mauser1905!

Jambo, one more question, what about if I do it through NCS? It will be again the day they receive it?

Yes. It's the day the HO recieves the application. It doesn't matter if you apply by NCS or post.

Great! thank you Jambo.

One more question if that's OK.

I'm planning to register my 12 yo son after we apply for BC, is it acceptable if his passport is expired at that moment?

Cosmos wrote:Great! thank you Jambo.

One more question if that's OK.

I'm planning to register my 12 yo son after we apply for BC, is it acceptable if his passport is expired at that moment?

There is no requirement to have a valid passport when applying.

If you wish, you don't need to wait with his application until you are granted BC. You can apply together. Assuming he was not born in the UK, the outcome of his application would depend on the outcome of your application.

Thanks a lot Jambo for your help.

Sorry to be a pain. I have something else to ask.

Is the form to register a child after BC on the sticky section of this forum or where can I get it please?

Thanks

Wouldn't it be quicker if you check the sticky yourself rather than asking if you should check?