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Travel whilst citizenship application (buimetrics) in progress

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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Travel whilst citizenship application (buimetrics) in progress

Post by aceace » Thu Jul 09, 2020 10:56 pm

Hi all

I am about to submit my UK citizenship online application, and understand that leaving and re-entering the UK is allowed whilst the application is being processed. I would like to seek clarification / experience / advice on whether travel is allowed from the day the online application is submitted, or from the day the biometrics appointment is done?

I'm currently close to reaching the limit of 'days of absence from the UK'. If I don't leave the UK until the application (which is my intention), I will comply with the limit. My worry is that if I leave between applying online and attending the biometrics appointment, the additional days of absence will take me over the limit. I cannot find anywhere online confirmation or information on whether travel is allowed between online application and attending the biometrics appointment.

Would appreciate if anyone who's been through the same scenario can share experience or confirm whether or not travel outside of the UK is allowed between submitting the online citizenship application and attending the biometrics appointment.

(Member CULLINAN - thank you for your initial response on the other thread, I wanted to have a more firm answer / second opinion hence posting this, and also think this may benefit others in future, surely other people are / will be in a similar situation)

Thanks

aceace

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Re: Travel whilst citizenship application (buimetrics) in progress

Post by CULLINAN » Thu Jul 09, 2020 11:04 pm

https://www.immigrationboards.com/briti ... n#p1908226

Check CR001’s post June 22 in the above thread.

Plus this topic has been asked many times on the board. If you search the forum you will get answers.
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Re: Travel whilst citizenship application (buimetrics) in progress

Post by aceace » Fri Jul 10, 2020 8:33 am

Thanks, that's useful and clarifies. My searching skills are a bit off it seems, now I searched for "naturalisation" and "travel" together I did find a couple of posts that answer the same question. :)


Just to double check, once the online application is submitted, any absences after that no longer count towards the "days away from the UK" limit, right?

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Re: Travel whilst citizenship application (buimetrics) in progress

Post by CR001 » Fri Jul 10, 2020 8:36 am

aceace wrote:
Fri Jul 10, 2020 8:33 am
Just to double check, once the online application is submitted, any absences after that no longer count towards the "days away from the UK" limit, right?
Correct.
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Re: Travel whilst citizenship application (buimetrics) in progress

Post by aceace » Wed Jul 15, 2020 11:55 pm

Hi both, I've now started the online application (Form AN) and have a question regarding the Residence requirements section and how to answer certain parts of it. Wasn't sure if this should stay on the same thread (to keep continuity of my case) or be a new topic (because it's a separate question to the initial topic...

Background: I meet all residence requirements except the '450 days in last 5 years' one - I have 477 days, which is within the "normally disregarded" limit, and only 51 days in last 12 months. I've been living in the UK since 2006 (finished school, went to uni, worked last 6 years).

This is how I filled out my application form so far:

Q: Do you meet these residence requirements? [residence requirements listed in bullet points]
A: No

Q: Please tell us which of the requirements you do not meet and the reason you do not meet them
A: provided brief explanation that only 450 day requirement not met and briefly outlined why (mainly business travel 3-4 years ago, plus visits to family who live abroad and due to age / health it's difficult for them to visit me in the UK, believe both are valid reasons).

I thought this would be the end of it, but on the next page...

Q: Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)?
I have searched this forum and believe this should only be answered "Yes" for people with a complex immigration history. Does my exceedance of the 450 day over 5 yrs (but within the normally disregarded limits) constitute a complex immigration history or not?
When I first read the question I was inclined to put "No", because I meet every other requirement (including the non-absence related ones), however that last bit "for example, you have had too many absences from the UK" threw me off. Should I answer "Yes" and repeat the explanation already provided in answer to the previous question?

Following on from this:

Q: If you do not meet the statutory requirements to become a British citizen, are there any special circumstances why you think the Home Secretary should still grant your application?
Does this include the absences requirements, or is this referring to the other requirements (e.g. good character)? Again I'm not sure how my absence limit would be interpreted here - I don't think there are any "special circumstances", and I would have already provided the explanation of the reasons why absence limit was exceeded. Should this be a "No"?

And a final one for now:

Q: Do you have any other details that you would like to be considered regarding this applicant and their application to be registered as a British Citizen?
I'm assuming this also only applies with applicants with complex applications / circumstances, so ok to put "No"?

Thanks a lot in advance!

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Re: Travel whilst citizenship application (buimetrics) in progress

Post by CULLINAN » Thu Jul 16, 2020 12:04 am

Why you dont want to wait till you meet the 450 days requirement and why are you taking the risk?
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Re: Travel whilst citizenship application (buimetrics) in progress

Post by aceace » Thu Jul 16, 2020 9:20 am

That's another 5 months of waiting (to get under 450) and I've not seen my family in a long time. Also kind of want to do it as soon as possible in case they decide to change any rules or eligibility criteria out of the blue...

From reading around I got the impression that being under 480 days is not a risk and discretion to disregard is applied in these cases? Obviously there is some minimal risk because it is discretion after all, but I thought it's negligible.

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Re: Travel whilst citizenship application (buimetrics) in progress

Post by CR001 » Thu Jul 16, 2020 9:22 am

British citizenship LAWS are not changed very often at all and it far more difficult to change than immigration rules. You are not making an immigration rule application.

Citizenship laws have been the same for many many years now.
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Re: Travel whilst citizenship application (buimetrics) in progress

Post by aceace » Thu Jul 16, 2020 11:44 am

Good point, didn't take into account that this is different to immigration application.

Would still appreciate comments on my initial questions, if I were to go ahead with my application having 477 days absences.

My understanding is that this is disregarded provided all other requirements are met (which will be the case in my application). Would that still push me into the "special circumstances" and having a complex immigration history territory?

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Re: Travel whilst citizenship application (buimetrics) in progress

Post by aceace » Mon Jul 20, 2020 4:00 pm

Hi both, would appreciate your help / opinion on my initial questions...

I've since found a guide called "Nationality policy: Naturalisation as a British citizen by discretion" Version 5.0. It includes the following guidance:

"Where an applicant has spent more than the 450 day for section 6(1) applications, or
270 days for section 6(2) applications, outside of the UK during the qualifying period
you must consider exercising discretion if they meet the other requirements.
Where the applicant exceeds the permitted absence by 30 days or less [note - this is my case, exceedance is 27 days] you must
exercise discretion unless there are other grounds on which the application falls to
be refused" [note - I meet all other requirements including good character and don't see or can't imagine any reasons why my application should be refused]

So based on this, I believe there is no risk in submitting the application so long as the absences are properly explained. I'm still not sure how to fill in the online form though...


Questions answered so far:

Q: Do you meet these residence requirements? [residence requirements listed in bullet points]
A: No

Q: Please tell us which of the requirements you do not meet and the reason you do not meet them
A: provided brief explanation that only 450 day requirement not met and briefly outlined why (mainly business travel from 3-4 years ago, plus visits to family who live abroad and due to age / health it's difficult for them to visit me in the UK, believe both are valid reasons).


Not sure how to answer these:

Q: Are there any reasons why you cannot meet the requirements to become a British citizen (for example, you have had too many absences from the UK)?
I have searched this forum and believe this should only be answered "Yes" for people with a complex immigration history. Does my exceedance of the 450 day over 5 yrs (but within the normally disregarded limits) constitute a complex immigration history or not?
When I first read the question I was inclined to put "No", because I meet every other requirement (including the non-absence related ones), however that last bit "for example, you have had too many absences from the UK" threw me off. Should I answer "Yes" and repeat the explanation already provided in answer to the previous question?

Following on from this:

Q: If you do not meet the statutory requirements to become a British citizen, are there any special circumstances why you think the Home Secretary should still grant your application?
Does this include the absences requirements, or is this referring to the other requirements (e.g. good character)? Again I'm not sure how my absence limit would be interpreted here - I don't think there are any "special circumstances", and I would have already provided the explanation of the reasons why absence limit was exceeded. Should this be a "No"?

And a final one for now:

Q: Do you have any other details that you would like to be considered regarding this applicant and their application to be registered as a British Citizen?
I'm assuming this also only applies with applicants with complex applications / circumstances, so ok to put "No"?

aceace
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Re: Travel whilst citizenship application (buimetrics) in progress

Post by aceace » Mon Jul 27, 2020 9:18 pm

Hi CR001, CULLINAN,

Another question about residence requirements, specifically about proving that I was in the UK 5 years before the application date. As I am non-EEA, the only thing I need to provide is my previous passports. I'm assuming the caseworker will look through and check the stamps to verify my list of absences, including those 5 years ago near the start of my qualifying period.

I found the UK border entry stamp from the last trip before the start of my qualifying period, and mentioned in my cover letter where it is to assist the caseworkers. However that alone does not prove that I was present in the UK 5 years before my application, it merely proves I returned to the UK a few days before that 5-year-before-application date. I cannot find anywhere the entry stamp from the country I subsequently visited. It either got stamped over since, or possibly I never actually received it. As the UK doesn't have exit checks, I do not have any stamps with the date of when I first left the UK after the start of my qualifying period.

Is this a problem? Do I need to submit further evidence of being in the UK between the two trips either side of the start of the qualifying period?

One possible solution I can see is to apply exactly on the day that I have the entry stamp preceding the start of my qualifying period (if I have an entry stamp y definition I must have been in the UK, and that day does not count towards my absences, but could not find anything to confirm this). Is that a valid approach? My entry stamp is for 31/07/15, so I would have to submit my application this Friday, 31/07/20.

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