Naturalisation application Eligibility Criteria

[sams4u29]

Hi

I have a question about the 12 Months Naturalisation Eligibility * the 90 day Maximum out of country rule for a new naturalisation Application

ILR granted on August 2019
Left UK for a Holiday in December 2019 but later stuck Abroad(Becauase of Pandemic) and returned back to UK in OCT 2020

Will I be eligible to apply for Naturalisation only after 12 months from Oct 2020 as I am out of UK for more than 3 months in the 12 months (eligibility period) ?
Can I apply for naturalisation anytime sooner(like 28 days before 12 month completion)?

Any Guidance Appreciated

[CULLINAN]

Assuming you are not married to a British Citizen.

You have held ILR over 1 year but you also need to meet the residence requirements.

Date of application is the date you pay online. Counting backwards from that date:

1) You should not be outside UK for more than 90 days in last 12 months.

2) You should not be outside UK for more than 450 days in last 5 years.

3) You must be physically present in UK on the start date of the 5 year qualifying period.

[sams4u29]

Many Thanks for the Reply.

[sams4u29]

Hi Cullinan,

I have another question related to the residence requirements , can you please clarify

I am not married to a British citizen (on the start date of my qualifying period start date However my husband is now a British Citizen)
I have held ILR for more than 1 year (ILR granted on Aug 2019) &I am Living in the UK from May 2014

Can you please check the dates below and guide me if the example date (15/07/201) will meet the residence requirements

Dates Away from the UK in the last five Years from 15/07/2016-14/07/2021 (439 days in total)

21/10/2016 - 19/11/2016 for 30 days
10/01/2018 - 12/02/2018 for 34 days
27/05/2018 - 24/06/2018 for 28 days
17/10/2018 - 08/11/2018 for 23 days
14/11/2019 - 03/10/2020 for 324 days

The main point related to this question is, I am not outside of the UK for more than 90 days in the last 12 months (15/07/2020 - 15/07/2021), Hence am I meeting the eligibility criteria guided based on your previous comment to apply for naturalisation?

Please review or suggest

[sams4u29]

@Cullinan or Guru's please check and comment

[alterhase58]

Per your data you are under the 450 days allowed for five years and under 90 days for the last 12 months so this looks ok. Presumably you have left out travel days out/back to the UK, they don't count.

[sams4u29]

many Thanks Alterhase58

Yes I am under 450 days allowed for 5 years(July 2016- July 2021)-including the travel day out/back tothe UK although they dont count.
Considering July 15th 2021 as the application date(Online submission date) I am less than 90 days away in the last 12 months (15 th July 2020- 14th July 2021)
So I should meet the eligigiblity criteria for the residence requirements

[sams4u29]

@Alterhase58 @Cullinan

I am not married to a British citizen (on the start date of my qualifying period start date However my wife is now a British Citizen 3 months ago)
so should I consider 5 Year Qualifying period instead of 3 year Qualifying period? for checking the 450 days outside of the UK check/270 days outside check?

[secret.simon]

If your spouse is a British citizen on the date of application, you can choose to naturalise under either Section 6(1) (meeting the five years absences and physical presence in the UK) or Section 6(2) (meeting the three years absences and physical presence in the UK).

The condition of the spouse being a British citizen needs to be met on the date of application, not at any point in the past.

[sams4u29]

Many Thanks for the reply

How can I choose to naturalise under either Section 6(1) (meeting the five years absences and physical presence in the UK)
I mean, is it part of the online application(is there an option to select)?

[sams4u29]

Hi Secret.Simon, Alterhase58, Cullinan

I have couple more questions, can you please clarify (based on my case)

1)How do I choose to Naturalise under Section 6(1) rather than 6(2) - Is this done based on a covering letter?
2)During when I fill an Online Application, what options should I select for the below questions

a)Do you meet these residence requirements? Yes/No?
b)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)? Yes/No?
c)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? Yes/No?

Please review and comment

[sams4u29]

Can someone or respected Guru's please respond to my questions based on my case

[alterhase58]

Hi Secret.Simon, Alterhase58, Cullinan

I have couple more questions, can you please clarify (based on my case)

1)How do I choose to Naturalise under Section 6(1) rather than 6(2) - Is this done based on a covering letter?
If you apply as spouse you will only provide evidence of 3 years residency, plus include your spouse's passport and/or naturalisation certificate. You are free to attach a covering note, but caseworkers will understand your application.
2)During when I fill an Online Application, what options should I select for the below questions

a)Do you meet these residence requirements? Yes/No?
If you are within the allowed/disregarded totals one would answer "Yes".
b)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)? Yes/No?
per a) you would answer No (if within allowed levels).
c)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? Yes/No?
If you do not meet statutory requirements you are likely to be refused automatically, for example not in the UK on the date of application three years back or serious Good Character issues.

Please review and comment

[secret.simon]

1)How do I choose to Naturalise under Section 6(1) rather than 6(2) - Is this done based on a covering letter?

The choice is made by the evidence that you submit. If you meet the requirements for both Section 6(1) and 6(2), then the caseworker will likely decide based on the one in which the least amount of discretion needs to be exercised.

You can choose to state that you would prefer to be considered under Section 6(1), but that is, at the end of the day, the caseworker's choice, after looking at the submitted evidence.

a)Do you meet these residence requirements? Yes/No?

As you do meet the requirements for Section 6(1), I would suggest that the answer is "Yes".

b)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)? Yes/No?
c)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? Yes/No?

These spaces are given so that you can give a reasoned argument as to why discretion should be exercised in your favour when deciding on the application.
So, while not necessary, you can explain the reasons for your long absence in 2019-20, etc.

[CULLINAN]

Add a cover letter and mention that you are making an application under Section 6(1) BNA and would like to be considered for that.

Answer online form questions as per 6(1) residence requirements that is 5 years. You need to meet requirements as per this section if you plan to apply in your own right.

Also, note, once you input your wife’s Nationality as “British”, the form will automatically assume you are applying as per Section 6(2) BNA and generate a checklist accordingly.

The best is to mention your wife’s second nationality in the form only and mention her British Nationality in the cover letter to keep the checklist accurate as per Section 6(1) BNA (that is what i did for myself and I explained in the cover letter).

Note, you do not need any marriage certificate OR wife’s British passport copy for Section 6(1) BNA.

Answers to your questions:

a) Yes
b) No
c) No

[sams4u29]

Many Thanks for the reply Cullinan, Alterhase58, Secret.Simon for your response

One final Question, Can I travel to my home country after I apply for Naturalisation and provide Biometric?(while waiting for the decision to be made) & Ceremony to be arranged?

[sams4u29]

[quote=CULLINAN post_id=2020827 time=1626130243 user_id=179089]
Add a cover letter and mention that you are making an application under Section 6(1) BNA and would like to be considered for that.

Answer online form questions as per 6(1) residence requirements that is 5 years. You need to meet requirements as per this section if you plan to apply in your own right.

Also, note, once you input your wife’s Nationality as “British”, the form will automatically assume you are applying as per Section 6(2) BNA and generate a checklist accordingly.

The best is to mention your wife’s second nationality in the form only and mention her British Nationality in the cover letter to keep the checklist accurate as per Section 6(1) BNA (that is what i did for myself and I explained in the cover letter).

Note, you do not need any marriage certificate OR wife’s British passport copy for Section 6(1) BNA.

Answers to your questions:

a) Yes
b) No
c) No
[/quote]

What is my Wife's second nationality?
I mean, she is India (earlier) and British now.
Shall I say she is Indian (so that this application is considered under 6(1)) and In the cover letter I mention that she is British?
Did I interpret your suggestion correctly

[secret.simon]

The best is to mention your wife’s second nationality

What is my Wife's second nationality?
I mean, she is India (earlier) and British now.

Not all spouses have a second nationality. In this case, the OP's wife was Indian and she lost that nationality when she became a British citizen. What would you advise in that case?

Can I travel to my home country after I apply for Naturalisation and provide Biometric?(while waiting for the decision to be made) & Ceremony to be arranged?

You need to provide the biometrics within the UK before you leave.

If you do leave the UK, keep in mind that there are specific deadlines to be met after the decision letter, for booking a citizenship ceremony and for attending the citizenship ceremony within the UK.

[CULLINAN]

Not all spouses have a second nationality. In this case, the OP's wife was Indian and she lost that nationality when she became a British citizen. What would you advise in that case?

In this case, I would suggest to input wife’s nationality as British. There is additional space at the end of the online form to leave notes. Explain in the notes that you are applying as per Section 6(1) BNA and meet all requirements in your own right. Also mention the same in the cover letter. In case a marriage certificate and wife’s British passport is generated in the documents checklist, ignore that. Moreover, mention in the cover letter that you do not require these documents as per Section 6(1) when you are applying in your own right. Do not submit the marriage certificate and wife’s British passport copy in this case.

Travel:
You are free to travel before or after biometrics. But obviously you have to submit biometrics within 45 working days after online submission inside UK. These days biometrics run at a 28 days lag. So best is to travel after biometrics as secret.simon suggested unless its a short urgent trip.

[sams4u29]

Many Thanks for the reply Cullinan

[sams4u29]

I am adding my Wife as a British Citizen as you suggested &
in which section should I mention to consider my application under 6(1) is it under notes section of Immigration details last question?

"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?"

Finally, WIll that change any of the answers to the previos questions

a)Do you meet these residence requirements? Yes/No?
b)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)? Yes/No?
c)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? Yes/No

Will they still be Yes, No,No?