Naturatlisation Citizenship refused: not physically present in UK 5 years before application

[JulietteEF]

Hi all,

I received a refusal for my application for naturalisation under the grounds of not being physically present in the in UK 5 years before the date of my application.

Unfortunately, I had completely missed this requirement when applying and only realised when I received the refusal today.

Context of my application & situation:
-I posted my application on 23.01.2020
- 5 years ago from my application date (24.01.2015), I was on a compulsory Erasmus year abroad for university (France) as part of my UK University degree.
- However, I was in the UK from 26.12.2014 to 11.01.2015. The only problem is that I didn't state this break in my application under the section "Details of your trips outside the UK" - I stated that I was outside of the UK from 01.11.2014 to 01.07.2015 (a full 302 days) as this was my total period under Erasmus.

Please can anyone advise whether there is any chance that they will reconsider if I ring the 'UK Visas and Immigration' number? I have proof of flights and dental surgery appointment to show I was physically in the UK only 13 days prior to my application (5 years ago between 26.12.2014 to 11.01.2015).

I have read on other threads that people have been given the opportunity to amend the date of their application but I was hoping to get some advice in relation to my case.

Many thanks in advance for your help,
Juliette

[CR001]

You didn't declare your travel accurately, ie two separate trips to and from the UK, which is also a false declaration.

You can't ask for a reconsideration by phone.

You either have to reapply again when you qualify, or pay the fee for a reconsideration on the appropriate form.

A redeclare if ho sends one is for a current date to resign the form, not for a date in the past, which is likely why you were not asked to redeclare and resign.

[JulietteEF]

Hi there,

Thank you for your response

Do you know whether the reconsideration form would allow me to amend the dates of my travels (even though as you stated they consider this to be a false declaration)? If so, how does that resolve the issue of 'being physically present on the day of my original application'? My worry is that my reconsideration application will also be rejected as they clearly state in their AN Naturalisation Guidance Booklet (under the 'The residence requirements' section) the following:

1. "• If you are a current or former member of the UK armed forces, you may not have to meet this requirement, if you were serving outside of the UK on the date 5 years before applying. "

OR

2. "If you do not meet these residence requirements but believe that there are special circumstances in your case, you should explain them when you apply."

Do you think I stand a chance of being reconsidered in my circumstance (compulsory Erasmus year which my UK university required me to do)? Can an official person from the home office advise on this at all before I spend more money on fees? If so, who should I contact?

The next date that I came back to the UK during my Erasmus year was 05.05.2015 - 10.05.2015, so if I don't stand a chance for reconsideration and have to re-apply, am I correct in thinking that I will need to re-apply for my application between 05.05.2020 - 10.05.2020 just to rectify this?

Many thanks again for your advice,
Juliette

[Zerubbabel]

Hello

My take on this is simple: Wait 2 or 3 months, and apply again.

For that new application, these trips will be beyond the 5-year line and won't have to be reported.

This means all this thing about incorrect trips, will be out of the picture.

I am not keen on you going to the Home Office, claiming you made a false declaration and trying to rectify in order to get a better outcome for your application.

[Djsuccess]

Hi there,

Thank you for your response

Do you know whether the reconsideration form would allow me to amend the dates of my travels (even though as you stated they consider this to be a false declaration)? If so, how does that resolve the issue of 'being physically present on the day of my original application'? My worry is that my reconsideration application will also be rejected as they clearly state in their AN Naturalisation Guidance Booklet (under the 'The residence requirements' section) the following:

1. "• If you are a current or former member of the UK armed forces, you may not have to meet this requirement, if you were serving outside of the UK on the date 5 years before applying. "

OR

2. "If you do not meet these residence requirements but believe that there are special circumstances in your case, you should explain them when you apply."

Do you think I stand a chance of being reconsidered in my circumstance (compulsory Erasmus year which my UK university required me to do)? Can an official person from the home office advise on this at all before I spend more money on fees? If so, who should I contact?
No. I don't think you stand any chance with reconsideration because you will still not meet the criteria as you were not physically present in the UK until 05/05/15- 10/05/15. You could have updated your application before the decision was made. The information you provided has been used to make a decision (refusal). You are lucky that you have not been rejected based on a false declaration (as you didn't declare your 26.12.2014 to 11.01.2015 and 05/05/15- 10/05/15 exit/entry to the UK), which would have meant that you cannot reapply until 10 years.

The next date that I came back to the UK during my Erasmus year was 05.05.2015 - 10.05.2015, so if I don't stand a chance for reconsideration and have to re-apply, am I correct in thinking that I will need to re-apply for my application between 05.05.2020 - 10.05.2020 just to rectify this?
Yes, you can reapply between these dates as you were physically present in the UK same time 5 years ago. And when you do, make sure you declare your travels correctly and also include a cover letter explaining that you made a mistake in your previous application which led to a refusal

Many thanks again for your advice,
Juliette

[Djsuccess]

Hello

My take on this is simple: Wait 2 or 3 months, and apply again.

For that new application, these trips will be beyond the 5-year line and won't have to be reported.
The OP was away on Erasmus till 07/2015. So the OP still won't meet the physically present criteria for any application made before 07/2020, except for the 5 days windows 05-10/05/15 (05-10/05/2020)when the OP visited the UK.

This means all this thing about incorrect trips, will be out of the picture.

This will be correct if the OP waits till Aug/ 2020 ( assuming the OP returned to the UK immediately after the Erasmus ended in July 2015)

I am not keen on you going to the Home Office, claiming you made a false declaration and trying to rectify in order to get a better outcome for your application.

[JulietteEF]

Hi all,

Thank you for being so kind & providing all your valuable advice!

It sounds like my only option will be to re-apply in the 5 days window in May (05/05 - 10/05) or when I come back from Erasmus.

I was hoping there would be an alternative solution as it was a struggle to save the initial fees for the first application, I'm gutted that the only way to resolve this is to re-apply but it is my mistake for not being thorough enough!

For my next application, I am going to request my e-border data from the border agency via SAR (Subject Access Request) to ensure that there are no gaps in my travel information for this new application. However, if I find any other trips that I forgot to include in my original application within the past 5 years, will this be held against me as a false declaration in my first application? I'm worried about this in case I have overlooked more trips & will be refused again + have a ban for the next 10 years.

Finally, I will also include a cover letter as you mentioned but do you have any advice on how I should word the changes for this second application in my cover letter and what should be included in this situation? My thoughts are to explain that I had overlooked the requirement of being physically present in the UK 5 years prior to the application date (reason for refusal) and that I am re-applying at a date that I was present in the UK 5 years ago, and have also amended my travel history based on the information provided by the border agency (SAR - Subject Access Request data). My previous application only included travels that I was able to find in my emails & had stamps for in my passport.

Many thanks again,
Juliette

[AnotherUUID]

For my next application, I am going to request my e-border data from the border agency via SAR (Subject Access Request) to ensure that there are no gaps in my travel information for this new application. However, if I find any other trips that I forgot to include in my original application within the past 5 years, will this be held against me as a false declaration in my first application? I'm worried about this in case I have overlooked more trips & will be refused again + have a ban for the next 10 years.

Judging by the flag you have on your profile, I assume you are an EU citizen. As such, sometimes entries to the UK from the EU do not always show up on SAR. I have heard from people who have travelled only within the EU during the qualifying period that they had no recorded entries when doing an SAR. One can only guess how HO might find out about undeclared travels and hold that against the applicant there's no record showing up on an SAR, but the more dates you can find (from things like bookings, emails, bank statements, etc) and provide the better.

Finally, I will also include a cover letter as you mentioned but do you have any advice on how I should word the changes for this second application in my cover letter and what should be included in this situation? My thoughts are to explain that I had overlooked the requirement of being physically present in the UK 5 years prior to the application date (reason for refusal) and that I am re-applying at a date that I was present in the UK 5 years ago, and have also amended my travel history based on the information provided by the border agency (SAR - Subject Access Request data). My previous application only included travels that I was able to find in my emails & had stamps for in my passport.

There's no need for specific wording/language. What you have in mind already sounds good. Simply explain that you previously overlooked the requirement. Also explain that you forgot to mention you were in the UK on 26/12/2014 - 11/01/2015 and that it was an honest mistake that you only realised once you got the refusal. I would suggest that you do this even if the dates happen to fall outside of your qualifying period at the time you re-apply as HO might/will review the previous application as well and you don't want to get a refusal for attempting to deceive the HO if they find a mismatch w/o good explanation.

Truthful statements go a long way, and I very much doubt HO will hold such a silly mistake against an applicant if explained.

If you think there may be trips you have missed, simply state in your cover letter that, to the best of your knowledge, the ones you have listed should be all and that you couldn't find evidence of others. Back your statement with the fact that you have done an SAR and cross-referenced against it as well and you should be okay.