Re-declaration? (if not in the UK 5 years prior to applying)

[kittykat]

Hi again,

I was reading through the HO guidance on naturalisation (at ukba.homeoffice.gov.uk/sitecontent/docu ... iew=Binary).

I thought that I had to ensure that, on the date it my application is received by the HO, I must have been in the UK exactly five years prior to this. I thought this was an absolutely non-negotiable requirement. But the guidance has this baffling clause in it - copied below.

3.3 Where an applicant misses the requirement to have been in the United Kingdom on the date 5(3) years prior to the application date by 2 months or less either way, for whatever reason, we may consider offering re-declaration if:
•(subject to the initial two months limit) the applicant could meet the unwaivable residence requirement now that the case is being looked at (there is no maximum time limit between application date and consideration of this point); or
•(where the case is being considered within two months of the date of application) the requirement would be met within that two months (e.g. if the application date was 1.7.03, and we were looking at the case on 1.8.03, we would need to see whether the applicant was likely to meet the requirements by 1.9.03 to ensure that he/she was allowed a full two months from the date of application)
3.4 There is no flexibility to extend the periods included in this guidance. If, for example, an applicant misses the requirement by 2 months and 1 day the application should be refused regardless of any other circumstances.

Does this mean there is some discretion regarding this date? E.g. if I apply on 9 March 2014 but I was away from the UK until 9 April 2009, my application could still be considered and not rejected outright?

Thanks for your help.

[Jambo]

Correct. There is some discretion not to reject the application (and losing the fee) but to request the applicant to reapply (make a new declaration with a later date) without losing the fee.

[kittykat]

That's great - thanks Jambo.