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citizenship via ILR - 5+1 years route - presence in the UK

Posted: Mon Apr 04, 2022 11:03 am
by mi_kon
Hi everyone,

I'm planning to apply for a British passport soon as I've had ILR for almost 1 year now and also trying to plan some holidays, so I need to clarify the requirement to be in the UK for this.

1. If my ILR was issued on 30th April last year, can I apply on the 30th of April this year or on the 1st of May at the earliest?

2. The FAQ on this forum mentioned the requirement to be in the UK when HO receives the application but I cannot seem to find that requirement on https://www.gov.uk/apply-citizenship-in ... -to-remain ?
An important requirement you should pay attention to is that you need to have been physically present in the UK at the beginning of the 3/5 years residence period i.e. the day the HO receives your application 3/5 years back. This is a pass/fail test and the HO has no discretion with this requirement.

You must also be in UK when Home Office receives your application (date of receipt of citizenship application is the day HO receives it, and you must be in UK on that day).
3. If I apply on a weekend or on a bank holiday, will the date of receipt be the next working day? And so, must I be in the UK on that day then?

So if I apply on Saturday, 30th of April and Monday, 2nd of May is a bank holiday, does this mean I must stay in the UK until at least Tuesday, 3rd of May?

4. Does travelling within CTA (Ireland, to be specific) also qualify as being outside of the UK for that purpose?

Thank you!

Re: citizenship via ILR - 5+1 years route - presence in the UK

Posted: Mon Apr 04, 2022 11:35 am
by alterhase58
Refer to the AN guidance, if you haven't already: https://assets.publishing.service.gov.u ... _final.pdf

1. You don't need to be that precise ... suggest you take your time. From 30th onward is fine.
2. You must have been in the UK 5 years back from the application date - for an explanation refer to page 6 of the UKVI guidance.
3. No - date of application is when you submit/pay online, irrespective of which day it is.
4. It's absences from the "UK" - irrespective of which country you went to - note travel days out and back don't count.

Re: citizenship via ILR - 5+1 years route - presence in the UK

Posted: Mon Apr 04, 2022 11:51 am
by mi_kon
thank you! I did find that I must have been in the UK 5 years back from the application date. But surprisingly I didn't find the requirement to be in the UK when Home Office receives my application.

Re: citizenship via ILR - 5+1 years route - presence in the UK

Posted: Mon Apr 04, 2022 12:10 pm
by alterhase58
Are you planning to apply from abroad?
There's is no such requirement as far as I know, however, you would have to include this as absence.

Re: citizenship via ILR - 5+1 years route - presence in the UK

Posted: Mon Apr 04, 2022 12:14 pm
by mi_kon
Understood, thank you. I found this requirement in the forum FAQ, hence the question! I might have to travel around those days but don't want to delay my application if that's possible.