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Do you need to be present in the UK exaxctly 5 yrs prior?

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

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ILR_Applicant_UK
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Do you need to be present in the UK exaxctly 5 yrs prior?

Post by ILR_Applicant_UK » Wed Apr 06, 2011 3:05 pm

Hello,

I got my ILR on 4th April 2010, and had an appoitment sent with the NCS in Hamilton for Friday the 7th.

Just got a call from the center and they said as I was away from the UK on the 8th of April, I can't apply, and will have to wait till the next time I was back in the UK.

Is that indeed the case, or is NCS being overly picky in their interpretation?.

Thanks for any help.

MPH80
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Post by MPH80 » Wed Apr 06, 2011 3:12 pm

They are right. You must have been present in the UK on 8th April 2006 or on any other day you intend your application to be received by the home office.

geriatrix
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Post by geriatrix » Wed Apr 06, 2011 4:51 pm

ILR_Applicant_UK wrote:I was away from the UK on the 8th of April,
Assuming just 1 day absence, as your post suggests:

Can they (NCS) not accept your application on the 7th, but defer posting / couriering it to UKBA accordingly to ensure that it reaches UKBA on 09-Apr or later?
Life isn't fair, but you can be!

kamalin10
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Post by kamalin10 » Wed Apr 06, 2011 5:44 pm

The guide says
For example if your application is received on 20/1/2010 you should have been physically present in the United Kingdom on 21/1/2007.
BUT
You must have been physically present in England, Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands on the day 3 years before the application is received by the Home Office.
not when NCS accepts/receives/sends it. so add at least one day for delivery and it is safe to apply on the 7th.

I arrived to the UK on the 1st of April and applied on the 1st of April. NCS had no problems at all.

MPH80
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Post by MPH80 » Wed Apr 06, 2011 7:50 pm

kamalin10 wrote: I arrived to the UK on the 1st of April and applied on the 1st of April. NCS had no problems at all.
Because you were present on the 2nd.
so add at least one day for delivery and it is safe to apply on the 7th
Not true - let's say he applies on the 7th, dispatched same day and it's delivered on the 8th (as was my wife's - delivered next day). Then - given he was out of the country 5 years earlier - he's got a problem.

If - as suggested - NCS could hold back the application - that's worth considering - but that relies on the same principal as writing a post dated cheque - you just have to hope the other person abides by it because there's nothing stopping them ignoring it and sending it anyway.

Best plan - just wait for you to have a clear few days where you were present.

M.

kamalin10
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Post by kamalin10 » Thu Apr 07, 2011 11:12 am

Because you were present on the 2nd.
Yes, as exactly because of THAT if application reaches HO on the 8th (ie next day after NCS accepts if) then whether or not person was in the UK on the 7th is irrelevant – he/she should be in the UK on the 9th!

Sure it’s safer to wit extra day or two but there’s no reason NCS should not be able to accept application on the 7th.

MPH80
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Post by MPH80 » Thu Apr 07, 2011 11:16 am

No one (not even NCS) has even said the problem was with the 7th - the problem was with the fact he was out of the country on the 8th.

We don't know when the OP was out of the country, only that the 8th was a problem. He could have been out for two months for all we know.

Hence the best advice in this situation is "NCS are right - wait until you've got a clear period of days in which you were in the UK 5 years earlier".

If the OP comes back and tells us he was here on the 9th or gives a detailed run down of his movements - we can start offering advice on holding things back or sending anyway.

M.

kamalin10
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Post by kamalin10 » Thu Apr 07, 2011 11:20 am

Agree, the question is not clear.
The simple rule is what it says in the guidance and should be followed by default. I do not think there are any exceptions to it:
For example if your application is received on 20/1/2010 you should have been physically present in the United Kingdom on 21/1/2007.

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