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Residence requirement - possible to resubmit application?
Posted: Mon Aug 30, 2021 8:50 pm
by sm05
Hi all,
Background: I've submitted and paid for my application yesterday (29/08/2021) and upon re-reading the AN guidance notes (to check for documents requirements etc.) I realised I have made a mistake. As I'm applying as the spouse of a British citizen, I understand that I needed to physically be in the UK on the date 3 years prior to my application. I had thought it was 5 years not 3 years ago (the misunderstanding/ confusion stemmed from the fact that I applied for my ILR based on the 5 year partner route). Unfortunately, 3 years ago I was on a holiday in Europe for a week so I just needed to delay my application by a week.
My questions are: Is it possible to withdraw and resubmit my application to a slightly later date to abide by the residence requirement? If not, is there anything I can do, for example a covering letter explaining this honest mistake perhaps? An email or phone call? I read in this forum that they have historically contacted people who have made similar mistakes asking to resubmit the form, but is there a way I can be proactive and not wait/ hope to be contacted by the Home Office. I am worried that my application will be delayed (6 months clock will restart) or worse, rejected altogether.
Secondly, I am in the process of uploading my supporting documents, should I wait until I've resubmitted the application? What about the biometrics appointment, should I wait as well?
Thank you & kind regards.
Re: Residence requirement - possible to resubmit application?
Posted: Tue Aug 31, 2021 9:12 am
by HCJNL
First, my sympathies. An easy mistake to make! It must be very frustrating for you.
Yes, it sounds like a very good idea to be pro-active. Pointing out the error, apologizing and asking if you can resubmit, sounds like an excellent idea. Because they will notice it, and they have no discretion to overlook it.
Rejection means that you lose your fee. This is what you want to avoid at all costs. But you will get your fees back if you withdraw before a decision is made, and before biometrics. You could then immediately submit a new application. So it will not the end of the world.
If you have already lived in the UK for 5 years, I suppose that another possible solution is to ask to naturalize without following the spouse route. But I doubt that they would say No to changing the date, then Yes to changing the type of application. The fees are the same, I think. But qualification rules are different so you would need to be sure you qualify (5 years, ILR for at least a year, future intentions for living in UK etc.)
Re: Residence requirement - possible to resubmit application?
Posted: Tue Aug 31, 2021 9:58 am
by dexmo
sm05 wrote: ↑Mon Aug 30, 2021 8:50 pm
Hi all,
Background: I've submitted and paid for my application yesterday (29/08/2021) and upon re-reading the AN guidance notes (to check for documents requirements etc.) I realised I have made a mistake. As I'm applying as the spouse of a British citizen, I understand that I needed to physically be in the UK on the date 3 years prior to my application. I had thought it was 5 years not 3 years ago (the misunderstanding/ confusion stemmed from the fact that I applied for my ILR based on the 5 year partner route). Unfortunately, 3 years ago I was on a holiday in Europe for a week so I just needed to delay my application by a week.
My questions are: Is it possible to withdraw and resubmit my application to a slightly later date to abide by the residence requirement? If not, is there anything I can do, for example a covering letter explaining this honest mistake perhaps? An email or phone call? I read in this forum that they have historically contacted people who have made similar mistakes asking to resubmit the form, but is there a way I can be proactive and not wait/ hope to be contacted by the Home Office. I am worried that my application will be delayed (6 months clock will restart) or worse, rejected altogether.
Secondly, I am in the process of uploading my supporting documents, should I wait until I've resubmitted the application? What about the biometrics appointment, should I wait as well?
Thank you & kind regards.
I would suggest uploading a cover letter with your supporting documents to say you want to re-declare your application date, no need to withdraw your application and apply again. In cases like yours, caseworkers are instructed to contact applicants and ask them to re-declare their application date.
Re: Residence requirement - possible to resubmit application?
Posted: Tue Aug 31, 2021 10:03 am
by sm05
HCJNL wrote: ↑Tue Aug 31, 2021 9:12 am
First, my sympathies. An easy mistake to make! It must be very frustrating for you.
Yes, it sounds like a very good idea to be pro-active. Pointing out the error, apologizing and asking if you can resubmit, sounds like an excellent idea. Because they will notice it, and they have no discretion to overlook it.
Rejection means that you lose your fee. This is what you want to avoid at all costs. But you will get your fees back if you withdraw before a decision is made, and before biometrics. You could then immediately submit a new application. So it will not the end of the world.
If you have already lived in the UK for 5 years, I suppose that another possible solution is to ask to naturalize without following the spouse route. But I doubt that they would say No to changing the date, then Yes to changing the type of application. The fees are the same, I think. But qualification rules are different so you would need to be sure you qualify (5 years, ILR for at least a year, future intentions for living in UK etc.)
Thanks very much for your reply. Both suggestions sound sensible. Is there a way to withdraw my application as you suggested? And secondly, I also couldnt find any contact details on the application system. Do you know how and where I can these details?
Thank you in advance.
Re: Residence requirement - possible to resubmit application?
Posted: Tue Aug 31, 2021 10:14 am
by HCJNL
I would suggest uploading a cover letter with your supporting documents to say you want to re-declare your application date, no need to withdraw your application and apply again. In cases like yours, caseworkers are instructed to contact applicants and ask them to re-declare their application date.
Not quite. It is still discretionary. And they sometimes refuse. So no guarantees.
Where the applicant fails to meet the requirement to be in the UK at the start of the qualifying period by 2 months or less, either side of the application date, you must consider using discretion to allow them to re-declare their application. Where discretion is being exercised you must request that the applicant re-declares their application, by using Doc Gen letter 4746
Re: Residence requirement - possible to resubmit application?
Posted: Tue Aug 31, 2021 10:28 am
by dexmo
HCJNL wrote: ↑Tue Aug 31, 2021 10:14 am
I would suggest uploading a cover letter with your supporting documents to say you want to re-declare your application date, no need to withdraw your application and apply again. In cases like yours, caseworkers are instructed to contact applicants and ask them to re-declare their application date.
Not quite. It is still discretionary. And they sometimes refuse. So no guarantees.
Where the applicant fails to meet the requirement to be in the UK at the start of the qualifying period by 2 months or less, either side of the application date, you must consider using discretion to allow them to re-declare their application. Where discretion is being exercised you must request that the applicant re-declares their application, by using Doc Gen letter 4746
The highlighted would suggest caseworkers are actually instructed to use discretion and contact applicants to request they re-declare their application date which seems to be a standard practice now judging by what forum members have been reporting.
Re: Residence requirement - possible to resubmit application?
Posted: Tue Aug 31, 2021 10:55 am
by HCJNL
It is not standard practice. Applications have been refused on these grounds, with loss of fees. Several such cases are described on this site. Others have been more fortunate.
You must consider discretion is plain English. It does not not need further explanation. Consider discretion is not an instruction to allow the applicant to re-declare their submission date.
In the same home office guidelines you can also read. Where a child included on an application has an automatic claim to British citizenship you must inform them of this in writing.
That is an instruction.
Re: Residence requirement - possible to resubmit application?
Posted: Tue Aug 31, 2021 9:38 pm
by sm05
Thank you both. I think I will withdraw my application and resubmit a new one in due course. I couldnt find anything online but just wanted to check that withdrawing will not affect my new application e.g. do I need to wait a certain time before re-applying?
I think I will also wait for the money to be refunded as it's a lot of money to have to pay twice.
Thanks again for all your help.
Re: Residence requirement - possible to resubmit application?
Posted: Wed Sep 01, 2021 9:25 am
by HCJNL
You could always contact
nationalityenquiries@homeoffice.gov.uk and
FurtherNationalityEnquiries@homeoffice.gov.uk and explain the situation, apologize and ask if you can correct the date. But also make clear that you wish to withdraw the application immediately if the date change is not possible. If you are lucky you will receive a quick reply agreeing to this. That will make life much simpler for you. Alternatively, if you hear nothing after a few days, you can withdraw the application. But double check that you are entitled to your money back in this case. I am confident that you get your money back if you withdraw before biometrics, but not 100% certain.
Even a refusal would not affect future applications. You have not attempted deception. Your email will make clear that you have made an honest mistake and are informing the Home Office as soon as you became aware of it.