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Physical presence for NA application

Posted: Mon Feb 18, 2019 1:54 pm
by Headlad
I am sure it has been asked before.

My wife is applying for Naturalisation as British Citizen. She was granted ILR earlier in February so is permitted to apply straight away
via the 3 year residence route although she has been resident for over 5 years without absence.


We plan to apply using the online procedure, on March 13/14 March 2019 as she was taking an English exam on the 13th March 2016. Please could someone clarify which date we should send the on line application 13th or 14th March 2019 to prove the physical presence and the start of 3 years residence in the U.K. as we can verify she was in the U.K.
Thank you.

Re: Physical presence for NA application

Posted: Mon Feb 18, 2019 2:13 pm
by zimba
She should have been physically present in the UK five years ago on the same day as of the application. So if it is 13th March 2019, she should have been physically present in the UK on 13th March 2014

Re: Physical presence for NA application

Posted: Mon Feb 18, 2019 2:32 pm
by CR001
Zimba wrote:
Mon Feb 18, 2019 2:13 pm
She should have been physically present in the UK five years ago on the same day as of the application. So if it is 13th March 2019, she should have been physically present in the UK on 13th March 2014
Spouse of BC = 3 years residence. Physically present on 13th/14th March 2016.

Re: Physical presence for NA application

Posted: Tue Feb 19, 2019 8:39 am
by Headlad
Thank you CR001
I knew you would know and recognise we are applying the 3 year route.

I have exam attendance record for physical presence in UK 13/3/16 which day would you advise us to apply on 13/3/19 or 14/3/19 next month for 3 year route married to U.K. Citizen?
Or does it not matter, either day.
Thank you

Re: Physical presence for NA application

Posted: Tue Feb 19, 2019 9:45 am
by kautya
Headlad wrote:
Tue Feb 19, 2019 8:39 am
Thank you CR001
I knew you would know and recognise we are applying the 3 year route.

I have exam attendance record for physical presence in UK 13/3/16 which day would you advise us to apply on 13/3/19 or 14/3/19 next month for 3 year route married to U.K. Citizen?
Or does it not matter, either day.
Thank you
Out of curiosity, what is the relevance of the exam attendance in your question ? CR001 probably mentioned 13/14th as you said you would apply on the 13/14th, so either day should be fine as long as 3 years ago the applicant was physically present in the country.

Re: Physical presence for NA application

Posted: Tue Feb 19, 2019 10:34 am
by Headlad
Thank you
I know passport shows physical presence in the UK this is really to leave no stone unturned as we may have stated she was away on holiday in ILR application in 2016 instead of 2017. She only has her new passport valid from 10/2017 The Thai Embassy never returned her old passport. We were intending to write a cover note. Perhaps I have it all wrong.

13/3/16 is when she was sitting an exam.

Re: Physical presence for NA application

Posted: Wed Feb 20, 2019 7:47 am
by Headlad
13/3/2016 the exam date is to prove she was physically in the UK or am I misunderstanding the meaning of "physically present in the UK"

Re: Physical presence for NA application

Posted: Wed Feb 20, 2019 8:28 am
by CR001
You don't have to submit anything or letters/documents to prove she was in the UK if that is your thinking. Only passports need to be submitted and absences declared as appropriate.

HO do their own checks as well.

Re: Physical presence for NA application

Posted: Wed Feb 20, 2019 9:30 am
by Headlad
As we don't have her last passport:
They will be able to check when she was out of the UK despite stating the wrong year on ILR application with dates for holiday 1916 instead of 1917? A genuine mistake getting the years wrong as we moved.
Do I explain the difference as a genuine mistake or just complete the application with dates she was genuinely away and they will check or recognise the mistake.

Re: Physical presence for NA application

Posted: Wed Feb 20, 2019 9:40 am
by CR001
They will be able to check when she was out of the UK despite stating the wrong year on ILR application with dates for holiday 1916 instead of 1917?
HO use the airline passenger data and landing cards etc to check.
Do I explain the difference as a genuine mistake or just complete the application with dates she was genuinely away and they will check or recognise the mistake.
Simply answer the questions truthfully in the form. It is a completely different department that process nationality but if you feel you need to explain (and thereby draw attention to the mis declaration on ILR), then add a note in the Additional Information page of the form.

If her passports don't cover the whole period she is relying on for citizenship (assuming you did not keep a copy of her old passport), HO might expect to see official documents, i.e. bank statements, payslips, HMRC letters etc.