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Ok! I have my passports in with all the expired passports, for the application to naturalise as a BC on the basis of my marriage to my British wife and 3 years residency. (Although I have been living here since 2006)

My previous passport expired in July 2010 an I didn't renew it until a few month later in Jan 2011 inorder to switch from Spouse to FLR(m)

Now the NCS people are saying I need to prove that I was in Britain at the start of my Residential Qualifying period (between Aug 2010 to Jan 2011 -) I had a BRP and no a sticker in my expired passport. So what can I do now they suggested to call college and get them to send a letter but my college not answering. Is there anything I can do?

njoy1987 wrote:Ok! I have my passports in with all the expired passports, for the application to naturalise as a BC on the basis of my marriage to my British wife and 3 years residency. (Although I have been living here since 2006)

My previous passport expired in July 2010 an I didn't renew it until a few month later in Jan 2011 inorder to switch from Spouse to FLR(m)

Now the NCS people are saying I need to prove that I was in Britain at the start of my Residential Qualifying period (between Aug 2010 to Jan 2011 -) I had a BRP and no a sticker in my expired passport. So what can I do now they suggested to call college and get them to send a letter but my college not answering. Is there anything I can do?

Any docs to prove you were here during that period like Payslips, or letters from HMRC ???

Peterpan81 wrote:

njoy1987 wrote:Ok! I have my passports in with all the expired passports, for the application to naturalise as a BC on the basis of my marriage to my British wife and 3 years residency. (Although I have been living here since 2006)

My previous passport expired in July 2010 an I didn't renew it until a few month later in Jan 2011 inorder to switch from Spouse to FLR(m)

Now the NCS people are saying I need to prove that I was in Britain at the start of my Residential Qualifying period (between Aug 2010 to Jan 2011 -) I had a BRP and no a sticker in my expired passport. So what can I do now they suggested to call college and get them to send a letter but my college not answering. Is there anything I can do?

Any docs to prove you were here during that period like Payslips, or letters from HMRC ???

What about bank statements, credit card statements other mail etc. I don't have payslips or HMRC letters for that time

Where did you renew your passport, in UK right, hence you could not have travelled outside UK on expired passport, does it not automatically imply that you were in UK between July 2010 and Jan 2011?

neoseal wrote:Where did you renew your passport, in UK right, hence you could not have travelled outside UK on expired passport, does it not automatically imply that you were in UK between July 2010 and Jan 2011?

It does imply I was in the country cause it was renewed in the UK. I couldn't have travelled out or allowed back in on an expired passport. The NCS is being extra

I would say, write a good covering letter explaining the logic and common sense approach. However, if you have any document, bank statement, credit card statement, council tax, utility bills , insurance quotes or renewals etc, even junk mail in your name, hand them in just for their satisfaction.

The NCS isn't being extra actually. I had the same issue as you. My passport expired in Feb 2012 but I never renewed it. UKBA sent me a letter during my naturalisation application asking for proof of residence from the time my passport had expired (Feb 2012) to the time I sent my application (April 2013).

They also sent me a list of things I could send as evidence of residence. I'll copy the list out almost word for word.

*If you are employed or unemployed:
-Letters from employers confirming your dates of employment.
-salary or wage slips.
-P60 tax certificates.
-statements from HM Revenue & Customs confirming the dates of payment of NI contributions.
-Letters from the department of Work and Pensions confirming the dates of receipt of job seeker's allowance, incapacity benefit, child benefit etc.
-occupational pension statements
-doctor's letter or medical report confirming your inability to engage in economic activity due to incapacity and whether the incapacity is or is likely to be permanent

*Student
-letters from schools, colleges, universities or other public or private establishments confirming enrolment on a course of study or vocational training and your dates of attendance and your policy confirming sickness insurance against all risks in respect of yourself and any accompanying family members in the UK.

I missed out the self employed, self sufficient and retired as I figured it doesn't apply to you but if you'd like me to copy those down too I will.

It says nothing about bank statements being evidence, but if you're unable to provide anything on the list then perhaps you can send your bank statements along with a cover letter explaining your circumstance.

Hope this helps.

neoseal wrote:Where did you renew your passport, in UK right, hence you could not have travelled outside UK on expired passport, does it not automatically imply that you were in UK between July 2010 and Jan 2011?

No. You could have renewed your passport in July 2010, travelled abroad, return to the UK on January 2011 and applied again for a new passport to have a clean sheet. That's why you need to provide evidence of living in the UK. Should not be difficult as you would leave some paper trail if you were in the UK.

Sometimes they don't make sense according to nationality law the absence in the last 3 years shouldn't be more the 450 out of which the last year shouldn't exceed 90 days. (The time I spent with expired passport but valid leave is no more that 120 days and in total I have only spent 24 days out of country)

I rummaged through the attic and could only find Bank Statememnts and Credit Card statements. Tv license in my name for that year.

I am going to mention in the cover letter I had no travel plans so I didn't renew my passport and moved house at that time lost a lot of post this is all I could find

njoy1987 wrote:Sometimes they don't make sense according to nationality law the absence in the last 3 years shouldn't be more the 450 out of which the last year shouldn't exceed 90 days. (The time I spent with expired passport but valid leave is no more that 120 days and in total I have only spent 24 days out of country)

I rummaged through the attic and could only find Bank Statememnts and Credit Card statements. Tv license in my name for that year.

I am going to mention in the cover letter I had no travel plans so I didn't renew my passport and moved house at that time lost a lot of post this is all I could find

It's 270 days for 3 years, not 450 days. Also in my book July-January is around 180 days not 120 days.

You can mention in the letter that even if this whole period is considered as absence, you will still meet the requirements. This is a strong argument. If you have some letters to support your presence, just add that.

Jambo wrote:

njoy1987 wrote:Sometimes they don't make sense according to nationality law the absence in the last 3 years shouldn't be more the 450 out of which the last year shouldn't exceed 90 days. (The time I spent with expired passport but valid leave is no more that 120 days and in total I have only spent 24 days out of country)

I rummaged through the attic and could only find Bank Statememnts and Credit Card statements. Tv license in my name for that year.

I am going to mention in the cover letter I had no travel plans so I didn't renew my passport and moved house at that time lost a lot of post this is all I could find

It's 270 days for 3 years, not 450 days. Also in my book July-January is around 180 days not 120 days.

You can mention in the letter that even if this whole period is considered as absence, you will still meet the requirements. This is a strong argument. If you have some letters to support your presence, just add that.

im sucha noob

I think the main issue here is probably not the total absence but physical presence in UK at the beginning of the 3 year period. UKBA needs to be satisfied beyond reasonable doubt that you were present in the UK exactly 3 years prior to the date of your application. Lack of a valid passport and other required documentary evidence will not support the case. Bank or credit card statements simply don't prove that you were in the country.

ban.s wrote:I think the main issue here is probably not the total absence but physical presence in UK at the beginning of the 3 year period. UKBA needs to be satisfied beyond reasonable doubt that you were present in the UK exactly 3 years prior to the date of your application. Lack of a valid passport and other required documentary evidence will not support the case. Bank or credit card statements simply don't prove that you were in the country.

I have also got

1) Letter from Home Office confirming I am granted Certificate of Approval for marriage (Waited 6 months for it - it's dated octobor 2010)

2) My marriage certificate November 2010 (surely I can't get married while I am not here)

I am gutted I didn't renew my passport on time.

well, if you don't have anything else you don't have. include bank statements, marriage certificate and other communications from that period and explain this in a covering letter or in the form (page 13).

if UKBA require anything else or have any further questions they'll write to you.

if NCS don't accept your application without any recommended documentary evidence, then either offer to include an undertaking that you were advised by NCS but submitting the application at your own risk (i.e. without advised documentation) or just post your application without NCS involvement.

The start of the qualifying period of 5(3) years is the day after the corresponding application date. Thus, for example, if the application date is 5 January the 5(3) year qualifying period starts on 6 January.

Old Passport Expires : 29 July 2010

Application date : 9th July 2013

Residential Qualifying date : 10th July 2010 (had a valid passport at the point in time with valid leave)

New passport : Starts January 2011

I could have waited had it not been for the holiday booked in November just read there guidelines there is plenty of discretion involved as long as you have presence at the start "date" which I have in addition to the documents I will supply. Is it worthwhile mentioning in the cover letter I would still meet the criteria had the gap been taken as absence cause it's only 180 days in the whole 3 years time?

No right or wrong answer, it all depends on case workers discretion and common sense. Just apply and see what happens.

neoseal wrote:No right or wrong answer, it all depends on case workers discretion and common sense. Just apply and see what happens.

Just realised they had my passport till octobor cause i had sent it in for Certificate of approval (Now abolished) I waited 5 months for it

I have applied anyways lets see