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Naturalisation Application - Applied too early, what can I do?
Posted: Tue May 31, 2022 10:29 am
by js2289
Hi community, I have a bit of a strange situation here I'm hoping you would help me with.
My Settled Status ILR was issued on the 26th of May 2021 (although I was qualified for it since March that year but the application took 8 weeks).
However I submitted my application for Naturalisation on the 24th of May 2022 after midnight as I confused the dates. I already paid for the application but have not been asked to book the biometrics appointment yet.
Is the UKVI likely to reject my application on this ground. Is there anything I could do right now to rectify this?
I was told the application is considered fully submitted from the day biometrics are collected, is that true? in this case that shouldn't be an issue?
Would really appreciate it if anyone could share any insights if they've had experience with this.
Many thanks
Re: Naturalisation Application - Applied too early, what can I do?
Posted: Tue May 31, 2022 11:09 am
by Ticktack
js2289 wrote: ↑Tue May 31, 2022 10:29 am
Hi community, I have a bit of a strange situation here I'm hoping you would help me with.
My Settled Status ILR was issued on the 26th of May 2021 (although I was qualified for it since March that year but the application took 8 weeks).
It doesn't matter when you qualify for it, what matters is when you actually got it.
However I submitted my application for Naturalisation on the 24th of May 2022 after midnight as I confused the dates. I already paid for the application but have not been asked to book the biometrics appointment yet.
Is the UKVI likely to reject my application on this ground. Is there anything I could do right now to rectify this?
Nope, worse case, they'd send you a redeclaration date. It should be fine as it's a honest mistake.
I was told the application is considered fully submitted from the day biometrics are collected, is that true? in this case that shouldn't be an issue?
Would really appreciate it if anyone could share any insights if they've had experience with this.
Many thanks
Re: Naturalisation Application - Applied too early, what can I do?
Posted: Tue May 31, 2022 11:10 am
by mesn
js2289 wrote: ↑Tue May 31, 2022 10:29 am
Hi community, I have a bit of a strange situation here I'm hoping you would help me with.
My Settled Status ILR was issued on the 26th of May 2021 (although I was qualified for it since March that year but the application took 8 weeks).
However I submitted my application for Naturalisation on the 24th of May 2022 after midnight as I confused the dates. I already paid for the application but have not been asked to book the biometrics appointment yet.
Is the UKVI likely to reject my application on this ground. Is there anything I could do right now to rectify this?
I was told the application is considered fully submitted from the day biometrics are collected, is that true? in this case that shouldn't be an issue?
Would really appreciate it if anyone could share any insights if they've had experience with this.
Many thanks
There are other such instances of people applying a bit in advance. If you can, please upload a cover letter. UKVI wont reject the application. At worse, they will write to you mentioning if you are ok for them to consider the application for a later date like 15Jun for example. You just need to say yes to that request and they can proceed further [assuming you satisfy the 5Y presence in UK rule for the later date].
Re: Naturalisation Application - Applied too early, what can I do?
Posted: Wed Jun 01, 2022 12:00 pm
by trelopaida
Hi, I have seen posts here from people that have freaked out when realised they have applied earlier and tried to withdraw the application. In my opinion it will be ok but you did apply early (The date on the settled status letter counts when calculating the 12 months restrictions free period).
a. The most important rule is that you should have been physically in the UK 5 yrs plus one day on the day you apply (or 3 yrs is you have a british spouse), so you have applied 24th of May 2022 - you must have been in the uk on the 25/5/2017. (See the list of trips you have declared to make sure).
b. Now, if they think you have applied a bit earlier (you should have applied the 26/5/2022 or after) they will ask you as people indicated above to redeclare the date of your applications. This has happened to some people as is reported here in various posts. Given that the biometrics will be taken later, when the officer reviews your application it would have been more than the required 12 months.
Make sure if this happens that the day you will declare that you have been physically in the UK at the start of the 5 yr period i.e. go back 5 years and add a day.
c. Now if the officer rejects your application (only because of this) you have grounds to appeal. I think it will be fine. Unless there are other things wrong with your application the officer can apply discretion and either offer you to declare an alternative application date (as per above) or just ignore these 2 days.
The guidelines that they use (official guidelines google "Nationality policy: Naturalisation as a British citizen by discretion") states that
"Discretion to disregard immigration time restrictions in the 12 months prior to application can be exercised if one of more of the following is met:
• the period of limited leave was less than 10 days at the beginning of the 12- month period"
Your limited leave was was a couple of days (you were not free from immigration time restrictions on the 24 , and the 25th of May 2021) less than 10 as per the above so they will just ignore it. Again, they don't have to ignore it - it is at their discretion but I think they will be flexible.
Re: Naturalisation Application - Applied too early, what can I do?
Posted: Thu Jun 02, 2022 9:36 am
by js2289
Thank you so much all for the responses, this is super helpful.
In this case then I'll just proceed to book my UKVCAS appointment and take it from there.
I think I'll include a cover letter as well to say I'm willing to re-declare the date if required.
When is the naturalisation application considered submitted to/received by the Home Office
Posted: Sat Jun 04, 2022 6:18 pm
by js2289
I received my Settled status on the 26th of May 2021. (I wasn't present in the UK on this day 5 years ago)
I submitted my application for citizenship on the 24th of May 2021.
I am to provide my Biometrics on the 10th of June 2022. (I was present in the UK on this day 5 years ago and is certainly more than 12 months into ILR)
But I was told that the Home office will count the qualifying period from the day THEY have received the application and NOT the day when it's been submitted online, as I have not yet provided my biometrics and supporting documents.
Now i'm trying to figure out when exactly the Home office would consider the application "submitted" or received, so I know what to write in the covering letter.
Is it the day It's submitted online or the day they receive it once the biometrics are collected?
Re: When is the naturalisation application considered submitted to/received by the Home Office
Posted: Sat Jun 04, 2022 6:38 pm
by CR001
Date of application is the date you submit and pay online.