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Date you first entered UK for naturalisation
Posted: Thu Jul 11, 2019 10:32 pm
by wewillgetit
Hello,
I was wondering if you could advise on the below.
With regards to the question 'date when you first entered UK' for online naturalisation form does that refer to the very first date I have entered UK?
So let's say I have entered on 2009 with student visa followed by PSW , 5 years tier 2 and one year ILR.
Shall I write the date when my first tier2 visa was issued? And add my absence from UK for the 5 years period?
Thank you
Re: Date you first entered UK for naturalisation
Posted: Fri Jul 12, 2019 5:12 am
by CR001
The question clearly asks the date you entered the UK and not the date your last visa category was issued!!!
Re: Date you first entered UK for naturalisation
Posted: Fri Jul 12, 2019 7:18 pm
by wewillgetit
CR001 wrote: ↑Fri Jul 12, 2019 5:12 am
The question clearly asks the date you entered the UK and not the date your last visa category was issued!!!
Thank you, do you happen to know if I need to add all of my absences from UK for the past 5 years or since I moved to uk?
Re: Date you first entered UK for naturalisation
Posted: Fri Jul 12, 2019 7:27 pm
by R-graphite
I put the dates since I moved to the UK (just for peace of mind) not since my 5 years route. I’m not sure if that was excessive...
wewillgetit wrote: ↑Fri Jul 12, 2019 7:18 pm
CR001 wrote: ↑Fri Jul 12, 2019 5:12 am
The question clearly asks the date you entered the UK and not the date your last visa category was issued!!!
Thank you, do you happen to know if I need to add all of my absences from UK for the past 5 years or since I moved to uk?
Re: Date you first entered UK for naturalisation
Posted: Fri Jul 12, 2019 7:32 pm
by CR001
The absence is for the last 5 years. HO needs to be sure you were physically present exactly 5 years ago.
The date of entry question is separate to the absence requirement.
Re: Date you first entered UK for naturalisation
Posted: Fri Jul 12, 2019 7:43 pm
by wewillgetit
CR001 wrote: ↑Fri Jul 12, 2019 7:32 pm
The absence is for the last 5 years. HO needs to be sure you were physically present exactly 5 years ago.
The date of entry question is separate to the absence requirement.
Thank you
There was another tricky question saying that if you don't meet the requirement is there anythig you want the home secretary to be aware of to grant your application, does this refer to ties you might have in the UK like assets or if you own house in UK?
Re: Date you first entered UK for naturalisation
Posted: Fri Jul 12, 2019 8:14 pm
by CR001
No it doesn't. That is for people that have complicated histories and exceptional circumstances. You can answer no to that one.
Re: Date you first entered UK for naturalisation
Posted: Sat Jul 13, 2019 9:55 am
by wewillgetit
CR001 wrote: ↑Fri Jul 12, 2019 8:14 pm
No it doesn't. That is for people that have complicated histories and exceptional circumstances. You can answer no to that one.
Thank you CR001.
With regards to 5 years absence, does it count from the date of application is made for naturalisation or form first date that the Tier2 visa was issued?
Thanks
Re: Date you first entered UK for naturalisation
Posted: Sat Jul 13, 2019 10:35 am
by CR001
From the date of citizenship online application counting back 5 years.
Re: Date you first entered UK for naturalisation
Posted: Sat Jul 13, 2019 10:46 am
by wewillgetit
CR001 wrote: ↑Sat Jul 13, 2019 10:35 am
From the date of citizenship online application counting back 5 years.
thank you, it should be form the date of online submission when making the payment for the application then.
Annoyingly form the date I get qualified to apply for naturalisation counting back 5 years, I was on holiday need to wait for another month!
I thought that 5 years proof would have been the 5 years ILR time period!
Thanks
Re: Date you first entered UK for naturalisation
Posted: Fri Jul 19, 2019 2:36 pm
by wewillgetit
Hello
I just had a chat with solicitor who advised me if I was away on holiday counting back 5 years and was living in the UK by then I don't need to wait and can apply for naturalisation as long as I was not away more than 90 days away (which I wasn't anyway).
Thanks
Re: Date you first entered UK for naturalisation
Posted: Fri Jul 19, 2019 2:48 pm
by secret.simon
I disagree with the solicitor's advice. You need to have been *physically present* in the UK at the start of the five year period. Living in the UK is not enough.
And that is a mandatory requirement, which the Home Office has no discretion to disregard.
Schedule 1 of the British Nationality Act 1981 wrote:SCHEDULE 1 - Requirements for Naturalisation
(2)The requirements referred to in sub-paragraph (1)(a) of this paragraph are—
(a)that the applicant was in the United Kingdom at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and...
You risk losing your entire naturalisation fee.
Re: Date you first entered UK for naturalisation
Posted: Fri Jul 19, 2019 3:05 pm
by CR001
wewillgetit wrote: ↑Fri Jul 19, 2019 2:36 pm
Hello
I just had a chat with solicitor who advised me if I was away on holiday counting back 5 years and was living in the UK by then I don't need to wait and can apply for naturalisation as long as I was not away more than 90 days away (which I wasn't anyway).
Thanks
Hopefully you didn't pay for such woefully incorrect advice. He seems to be confusing Citizenship with a specific visa route. I guess he also did not provide you with any official HO extracts to prove his point for citizenship???
Re: Date you first entered UK for naturalisation
Posted: Fri Jul 19, 2019 3:30 pm
by wewillgetit
Hi Both,
I have finalised all documents!
I haven't paid yet, he was telling me that is referring to the fact that some people go away on their 5 years Period for long time and the HO wants to make sure that is not the case.
So with regards to this 5 years period I had my Tier 2 for 5 years and was in the country before that too.
Does this 5 years refer to 5 years working visa or any other category ? or counting backwards starts from this application payment date? So confusing! I remember on ILR letter it has mentioned that all of the immigration law and limitation are lifted, don't really understand this. Sorry and thanks for your quick reply.
Re: Date you first entered UK for naturalisation
Posted: Fri Jul 19, 2019 3:37 pm
by CR001
I haven't paid yet, he was telling me that is referring to the fact that some people go away on their 5 years Period for long time and the HO wants to make sure that is not the case.
He really is talking the biggest load of rubbish. If you do not meet the physically present requirement and were out of the UK whether on holiday or business, your application will likely be refused and you lose your fee.
Does this 5 years refer to 5 years working visa or any other category ?
Citizenship does NOT distinguish any differnetly between ALL the different immigration routes. All visa routes face the exact same citizenship requirements. It is the 5 years residence immediately preceding the date of application that is relevant and must include the physically present requirement.
or counting backwards starts from this application payment date?
Counting 5 years back from date of application which is the date you submit and pay online.
So confusing! I remember on ILR letter it has mentioned that all of the immigration law and limitation are lifted, don't really understand this. Sorry and thanks for your quick reply.
Immigration Rules and Nationality LAWS are completely separate and independent from each other. What is likely acceptable for ILR is not necessarily acceptable for citizenship which are completely different laws and requirements. Best you do not confuse the two.
Re: Date you first entered UK for naturalisation
Posted: Fri Jul 19, 2019 3:44 pm
by wewillgetit
CR001 wrote: ↑Fri Jul 19, 2019 3:37 pm
I haven't paid yet, he was telling me that is referring to the fact that some people go away on their 5 years Period for long time and the HO wants to make sure that is not the case.
He really is talking the biggest load of rubbish. If you do not meet the physically present requirement and were out of the UK whether on holiday or business, your application will likely be refused and you lose your fee.
Does this 5 years refer to 5 years working visa or any other category ?
Citizenship does NOT distinguish any differnetly between ALL the different immigration routes. All visa routes face the exact same citizenship requirements. It is the 5 years residence immediately preceding the date of application that is relevant and must include the physically present requirement.
or counting backwards starts from this application payment date?
Counting 5 years back from date of application which is the date you submit and pay online.
So confusing! I remember on ILR letter it has mentioned that all of the immigration law and limitation are lifted, don't really understand this. Sorry and thanks for your quick reply.
Immigration Rules and Nationality LAWS are completely separate and independent from each other. What is likely acceptable for ILR is not necessarily acceptable for citizenship which are completely different laws and requirements. Best you do not confuse the two.
Fantastic, thank you for the clarification. much appreciated.
With regards to 2x references, if the date that forms was singed is around three weeks before the submission date would that be ok?
Re: Date you first entered UK for naturalisation
Posted: Fri Jul 19, 2019 6:22 pm
by CR001
Yes though the referee forms are part of the online process where you complete the information of the referees