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hello there,

I have granted my ILR 18/08/2011 which means I will be eligible to submit for naturalisation by 17/08/2012 is that correct ?
5 years ago I left the country for holiday from 18/08/2007 to 16/09/2007
I have two questions please:
1- if I submit my application to be received by HO 17/08/1012 this means when the want to calculate before 5 years if I was in the country or not they will find that I left the country 18/08/2007 (travel day is considered to be in) so should be no problem is it correct ?

2- My lawyer said we can apply for naturalisation 15/08/2012 so 5 years before this date is 16/08/2007 (I was in the country), the problem with this is that I won't complete the period time free of immigration restrictions which should be 12 months but he also said there is a discretion on this point which we can grant.

any suggestions please ? advice ? go for it in augut or wait until 16/09/2012 ??

Thanks

midowatford wrote:hello there,

I have granted my ILR 18/08/2011 which means I will be eligible to submit for neutralization by 17/08/2012 is that correct ?
5 years ago I left the country for holiday from 18/08/2007 to 16/09/2007
I have two questions please:
1- if I submit my application to be received by HO 17/08/1012 this means when the want to calculate before 5 years if I was in the country or not they will find that I left the country 18/08/2007 (travel day is considered to be in) so should be no problem is it correct ?

2- My lawyer said we can apply for neutralization 15/08/2012 so 5 years before this date is 16/08/2007 (I was in the country), the problem with this is that I won't complete the period time free of immigration restrictions which should be 12 months but he also said there is a discretion on this point which we can grant.

any suggestions please ? advice ? go for it in augut or wait until 16/09/2012 ??

Thanks

First and foremost thing. It is Naturalisation and not neutralization

manoj123 wrote:
I don't think they would check if you are in the country exactly 5years before the application date. You could have gone out of the country for a holiday or on a business trip for that day.

They would - it's one of the requirements and a common reason for refusal.

There is sticky about that,

Thanks for correction Manoj123 I have corrected it.
but yes they check 5 years ago exactly if you were in or not.

Apologies to midowatford for misguiding and thanks to jms_uk for pointing out the sticky.

If I were you, I would wait until 16/09/2012 and not risk losing the application fee.

P.S: I have removed my previous comments just so someone would read and go with my assumptions.

Your solicitor is correct. Discretion can be applied but as no one knows how long his application would take (any time between 2-6 months), I don't see a reason to rush. Apply in September.

Thanks..
but I still need an answer for the question no. 1
I think I don't need a discretion if my application arrives the HO 17/08/2012.

Plus my lawyer doesn't want me to wait until September he said me just go ahead 15 of august

Yes. If you make sure the application is received on the 18th (1 year after ILR) so no discretion is needed.

18/08 or 17/08 ?

be aware 18/08 is saturday so it either 17/08 or before

It doesn't matter it is a Saturday as post is delivered.

But you are right that it needs to be on the 17th the latest because of the 5 years. So in any case you will not meet the 1 year after ILR so it will require discretion which is normally granted in it is less than 10 days before the 1 year so any day from 8-17 should be OK (with discretion).

please refer to this link
http://www.ukba.homeoffice.gov.uk/briti ... trictions/

the first point states:
- you have been free from immigration time restrictions for at least 12 months by the date when we consider your application.

now if my application arrived HO by 16/08/2012 now 17/08/2007 I have been in the country. and when they will consider my application ? it will be days and days after the receive it which means i will be already completed 12 months period.
I want to hear from all moderators please .. I will go for august

And as it is stated in the link you provided "we will normally use our discretion to disregard this if:". The 10 days I mentioned is the third option in the list (the one you mentioned is the first). In either case, a discretion would be required as you won't meet the requirement. This is normally granted If you meet the other requirements.

Yes you are right.
that's why I will go ahead and submit it in august. I will save at least 30 days of waiting.

Which brings me back to my first post - as the process time of applications seems random, I'm not sure that applying 30 days early would mean you get a decision earlier but I guess you can do the best you can and just wait.

manoj123 wrote:

midowatford wrote:hello there,

I have granted my ILR 18/08/2011 which means I will be eligible to submit for neutralization by 17/08/2012 is that correct ?
5 years ago I left the country for holiday from 18/08/2007 to 16/09/2007
I have two questions please:
1- if I submit my application to be received by HO 17/08/1012 this means when the want to calculate before 5 years if I was in the country or not they will find that I left the country 18/08/2007 (travel day is considered to be in) so should be no problem is it correct ?

2- My lawyer said we can apply for neutralization 15/08/2012 so 5 years before this date is 16/08/2007 (I was in the country), the problem with this is that I won't complete the period time free of immigration restrictions which should be 12 months but he also said there is a discretion on this point which we can grant.

any suggestions please ? advice ? go for it in augut or wait until 16/09/2012 ??

Thanks

First and foremost thing. It is Naturalisation and not neutralization

good one

could you please guys stop make funny comments and concentrate on the main subject !!!

Hi All,
I wish to share my recent experience at NCS service as a return to all members in this forum from whom I have benefited since many years. My post is based on naturalisation application (using form AN).

Example -
Assume that you have applied at NCS on 10-Sep-2014. Then NCS will process it and send the application to Home office. The day Home office will receive your application is an IMPORTANT DATE for you. So, assume that HO has received your application on 11-Sep-2014. Then go back by 5 years which is 11-Sep-2009. Did you physically present on that particular day in UK or not? It does not matter if you have been away for a holiday or anything. If yes, then your application will get rejected and you will loose your fee (as I was STRONGLY advised by NCS).

So, please be aware of this unclear hidden rule. I am still trying find where this has been rooted and will let you know if found. But this is what I faced and as per NCS a number of people have been rejected on this basis and lost their money. I find this quite frustrating and unfair but trying to find more evidence.

Thanks

sankar wrote:Hi All,
I wish to share my recent experience at NCS service as a return to all members in this forum from whom I have benefited since many years. My post is based on naturalisation application (using form AN).

Example -
Assume that you have applied at NCS on 10-Sep-2014. Then NCS will process it and send the application to Home office. The day Home office will receive your application is an IMPORTANT DATE for you. So, assume that HO has received your application on 11-Sep-2014. Then go back by 5 years which is 11-Sep-2009. Did you physically present on that particular day in UK or not? It does not matter if you have been away for a holiday or anything. If yes, then your application will get rejected and you will loose your fee (as I was STRONGLY advised by NCS).

So, please be aware of this unclear hidden rule. I am still trying find where this has been rooted and will let you know if found. But this is what I faced and as per NCS a number of people have been rejected on this basis and lost their money. I find this quite frustrating and unfair but trying to find more evidence.

Thanks

your so right a hidden rule which matters alot

It is not a hidden rule and very clearly indicated in the AN guide/form as already advised in 'Sankar' other post and has been discussed 100's of times on this forum.

http://www.immigrationboards.com/britis ... l#p1096792