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Residency Requirement

Posted: Tue Nov 08, 2011 8:23 pm
by sidshekhar
Hello,
I am applying for my Naturalisation on 16/Dec/2011. I have been in the UK on
work permits(granted 05/Jan/2006),
tier 1(16/Apr/2008) and
ILR(granted 10/Dec/2010) since 05/Jan/2006.

In the Guide AN for naturalisation it states the following on page 5 "You must have been physically present in England Wales Scotland Northern Ireland, the isle of Mann or the channel island on the day 5 years before the application is received eg if your application is received on 20/1/2010 you should have been physically present in the UK on 21/1/2005"

I have been in the UK since 05/01/2006 but when I apply for my naturalisation on 16/Dec/2011 5 years ago will be 17/Dec/2006. I was on a holiday in India on 17/Dec/2006. I actually flew out on 16/Dec/2006, should I bring my application date forward to say 14/Dec/2011 so that I would have been present in the UK .

Please advise

Sid

Posted: Tue Nov 08, 2011 8:52 pm
by Jambo
Do you apply by post or NCS?
You must make sure you have been present in the UK 5 year before the HO receives your application. The HO has no discretion with this criteria. It is either pass or fail. If you left on 16/12/2006, I suggest you apply at least 5 working days before.

Posted: Tue Nov 08, 2011 9:02 pm
by sidshekhar
Jambo wrote:Do you apply by post or NCS?
You must make sure you have been present in the UK 5 year before the HO receives your application. The HO has no discretion with this criteria. It is either pass or fail. If you left on 16/12/2006, I suggest you apply at least 5 working days before.
I am applying through NCS.

Posted: Tue Nov 08, 2011 10:27 pm
by Jambo
I suggest you contact the council and move your appointment a few days earlier (but after 10/12 as you need to hold ILR for 1 year).