Physical presence 5 years prior - flexibility?
Posted: Tue Mar 04, 2014 1:35 pm
So I understand that one requirement of citizenship application is that you must have been physically present in the UK exactly 5 years (to the day) prior to the application date.
For me the only window I have, in this case is April 18th to May 9th. HOWEVER, I found some interesting information in this document https://www.gov.uk/government/uploads/s ... annexb.pdf (page 3 and 4) :
3.2 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.
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)
Does this last part mean you really just have to have been in the UK within 2 months of the necessary date?
What is re-declaration exactly?
Many thanks in advance
For me the only window I have, in this case is April 18th to May 9th. HOWEVER, I found some interesting information in this document https://www.gov.uk/government/uploads/s ... annexb.pdf (page 3 and 4) :
3.2 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.
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)
Does this last part mean you really just have to have been in the UK within 2 months of the necessary date?
What is re-declaration exactly?
Many thanks in advance