physically present 5 years before the date of application

rbkumaran · Post by **rbkumaran** » Thu Apr 18, 2013 10:56 am

Hi,

Im planning to apply for citizenship in the 1st week of May 2013 for me, my wife and kids.

In the guide, 2.2 states that applicant should be physically present 5 years before the application. I'm a bit confused here.

My wife joined me in the UK in June 2007 but from April 2008 to december2008, she was in India for the birth of our 1st child.

Does this mean, she is not eligible to apply for british citizenship in the 1st week of May?

Jambo · Post by **Jambo** » Thu Apr 18, 2013 11:17 am

No. She won't be able to apply until December (or if you become BC before, then she can apply based on 3 years rules).

rbkumaran · Post by **rbkumaran** » Thu Apr 18, 2013 11:28 am

Thanks Jambo!

I might have to wait till december 2013 then

boloney · Post by **boloney** » Thu Apr 18, 2013 12:38 pm

rbkumaran wrote:Thanks Jambo!

I might have to wait till december 2013 then

I think you should read that
http://www.immigrationboards.com/viewtopic.php?t=131773
It maybe worth sending seperate applications, savings on the fee are not big now and in December you may have to do the course to get qualifications. That will be on top of the fees.

rbkumaran · Post by **rbkumaran** » Thu Apr 18, 2013 3:33 pm

hi

my wife has had her education up until her bachelors degree in english (in India) and the link says "Those who have obtained a degree taught in English" are not required to do any further exams apart from life in the UK.

Do we have to then prove her english medium education in india somehow?

Amber · Post by **Amber** » Thu Apr 18, 2013 3:47 pm

rbkumaran wrote:hi

my wife has had her education up until her bachelors degree in english (in India) and the link says "Those who have obtained a degree taught in English" are not required to do any further exams apart from life in the UK.

Do we have to then prove her english medium education in india somehow?

See http://www.ecctis.co.uk/naric/Individua ... Apply.aspx

haider2026 · Post by **haider2026** » Thu May 02, 2013 1:08 pm

Hi

As per requirement i saw the need to be physically present in the UK 5 years from the date the citizenship application is received by the home office.

I was granted ILR with my wife and 2 children on 7th June 2012. I am planning to apply via NCS Manchester on 7th June 2013. My concern is this... on 10th June 2008 my wife and child travelled out of UK for 4 months due medical reasons. If the application is received by the home office on 10th or 11th June, will that be an issue?

Note: My wife and child first entered UK in September 2007.

Need help with this please.

Amber · Post by **Amber** » Thu May 02, 2013 1:22 pm

haider2026 wrote:Hi

As per requirement i saw the need to be physically present in the UK 5 years from the date the citizenship application is received by the home office.

I was granted ILR with my wife and 2 children on 7th June 2012. I am planning to apply via NCS Manchester on 7th June 2013. My concern is this... on 10th June 2008 my wife and child travelled out of UK for 4 months due medical reasons. If the application is received by the home office on 10th or 11th June, will that be an issue?

Note: My wife and child first entered UK in September 2007.

Need help with this please.

If your wife was not physically present in the UK 5 years before the Home Office receive your application it would not meet the requirements. I think the NCS send by next day special delivery but to be cautious I would make the appointment the 6th and ask then to send it on the 6th. I assume your wife was present in the UK on the 7th June 2008?

haider2026 · Post by **haider2026** » Thu May 02, 2013 1:40 pm

Yes she travelled on the 10th of June flight which was delayed and actually left uk on the 11th of June 2008. This is a bit confusing as when i called the number on top left of the screen , the gentleman who answered the phone said it was ok and that her application will be considered. I really need some help with this please.

Amber · Post by **Amber** » Thu May 02, 2013 2:13 pm

haider2026 wrote:Yes she travelled on the 10th of June flight which was delayed and actually left uk on the 11th of June 2008. This is a bit confusing as when i called the number on top left of the screen , the gentleman who answered the phone said it was ok and that her application will be considered. I really need some help with this please.

What is the problem in making the appointment the 6th June?

haider2026 · Post by **haider2026** » Thu May 02, 2013 3:43 pm

I am still very much confused. Since my wife first entered the uk in September 2007 as my dependant and only left UK on 10th June 2008 due medical reasons for 4 months, why would this effect her application?

Jambo · Post by **Jambo** » Thu May 02, 2013 3:51 pm

The qualifying residential period is calculated backwards from the day the application is recieved by the HO. It doesn't matter how and when she entered in 2007. If the application is received on the 7/6/2013 she should have been in the UK on 8/6/2008 (5 years). Failing to meet this requirement is an automatic refusal.

You have an appointment on 7/6 which is a Friday. If NCS wait with the application until Monday (10/6) and application is received on Tuesday (11/6), she will fail the requirement as she was not in the UK on 12/6/2008 (5 years before the application is received).

haider2026 · Post by **haider2026** » Thu May 02, 2013 4:07 pm

Many thanks for the reply. I think the only other option left now is to book NCS appointment for 6th of June instead as 8th-9th June is weekend. Since we all received the ILR on 7th June 2012, would it be ok for us to apply through NCS on 6th June and hope the application reaches there on 7th of June 2013?

ban.s · Post by **ban.s** » Thu May 02, 2013 4:31 pm

you can even book an appoint prior to 6th June but request NCS not to post the application until 6th of June.
many NCS do oblige such requests. so check with yours and decide accordingly.

haider2026 · Post by **haider2026** » Thu May 02, 2013 4:36 pm

Many thanks. I already rebooked for 6th of June but will call them up tomorrow and explain the whole situation.

jack902 · Post by **jack902** » Mon May 06, 2013 9:07 am

We were granted ILR on 9th of October 2012
We left the UK on a short trip departing London on 10th Oct 2008 (5pm flight) and returned to London on 26th October 2008 (2pm arrival)

Can I apply via NCS on 8th October 2013. If application is then received by Home Office on 9th October 2013-

A) will I have been free from immigration restrictions for the full 12 months?

B) I believe I will satisfy the "being physically present 5 years earlier" requirement, which would be the 10th October 2008.

C) How do I ensure Home office will receive my application the next day? Is it a simple case of checking the Royal Mail website with the tracking number provided by NCS?

D) If there is a a delay and the application reaches Home Office too late, and the application is refused, - can I appeal or do I need a fresh application with a new application fee?

--------

"The residential qualifying period is calculated from the day when we receive your application. Most unsuccessful applications fail because the applicant was not present in the UK at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we receive your application on 25 March 2010, you must show that you were in the UK on 26 March 2005."

Amber · Post by **Amber** » Mon May 06, 2013 11:00 am

jack902 wrote:We were granted ILR on 9th of October 2012
We left the UK on a short trip departing London on 10th Oct 2008 (5pm flight) and returned to London on 26th October 2008 (2pm arrival)

Can I apply via NCS on 8th October 2013. If application is then received by Home Office on 9th October 2013-

A) will I have been free from immigration restrictions for the full 12 months?

B) I believe I will satisfy the "being physically present 5 years earlier" requirement, which would be the 10th October 2008.

C) How do I ensure Home office will receive my application the next day? Is it a simple case of checking the Royal Mail website with the tracking number provided by NCS?

D) If there is a a delay and the application reaches Home Office too late, and the application is refused, - can I appeal or do I need a fresh application with a new application fee?

--------

"The residential qualifying period is calculated from the day when we receive your application. Most unsuccessful applications fail because the applicant was not present in the UK at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we receive your application on 25 March 2010, you must show that you were in the UK on 26 March 2005."

If the NCS send it next day special delivery, and it is not a Friday or Saturday it should arrive the next day. Call your local NCS and see what they say. You would have reapply and meet the new English requirement if rejected. Although, there can be a fee reduction if you reapply (not sure if this is still available, used to be £80).

jack902 · Post by **jack902** » Thu May 09, 2013 9:00 pm

On all the timelines , users state the date when application was received by the home office. How is this determined? Are people simply using the tracking feature on the Royal Mail website?

Is this the date that counts?

nnj10 · Post by **nnj10** » Fri May 10, 2013 1:51 pm

jack902 wrote:On all the timelines , users state the date when application was received by the home office. How is this determined? Are people simply using the tracking feature on the Royal Mail website?
Yes.
Is this the date that counts?

Yes. The date of application is the date UKBA receives your application and not the date of posting like some of the other application types.

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