Not present in UK 5 years ago when submitted British Citizen applicaton

[VemanaAnne]

Hi,

I have submitted my application on 12 June 2022 and then 5 years before i.e 12 June 2017 I was out of UK but returned on 19th. I know this is a very basic and silly mistake from my end.

I havent yet submitted the documents and till now I have not been told to submit my biometrics. Is there a way I can cancel my application and get a refund and apply again. Or is it still fine that I submit my application and then case work would give me few options on how to proceed.

Please let me know your suggestions. Much appreciated for any feedback please.

[secret.simon]

That is a mandatory requirement that the Home Office currently has no discretion to disregard.

However, if that is the only reason (i.e. you meet all other requirements) because of which the application will fail, the caseworker can write to or email you asking you to redeclare the application to another date within two months of the original application date when you did meet all requirements.

As for withdrawing your application for a refund, wait for others to advise you on that point.

[VemanaAnne]

That is a mandatory requirement that the Home Office currently has no discretion to disregard.

However, if that is the only reason (i.e. you meet all other requirements) because of which the application will fail, the caseworker can write to or email you asking you to redeclare the application to another date within two months of the original application date when you did meet all requirements.

As for withdrawing your application for a refund, wait for others to advise you on that point.

Thank you Simon for quick feedback. If there is no way I could cancel and get a refund, then I will go with the application and pray that the case worker will contact me.

[CR001]

Is your spouse British by any chance?

[VemanaAnne]

Is your spouse British by any chance?

No, I am applying for her and my child as dependents.

[kamoe]

Is there a way I can cancel my application and get a refund and apply again.

Yes, there is. But it is a somewhat tortuous one, as you never receive a definite acknowledgment that your request has been received, so you are never sure if you did something wrong, and the refund can take up to 6 weeks (sometimes even longer than that). See my full story here.

Or is it still fine that I submit my application and then case work would give me few options on how to proceed.

Yes, but you need to be 100% sure there are no other mistakes that need amendment on the application form. This post from @secret.simon made me make my decision to withdraw. But it is really up to you.

Please let me know your suggestions. Much appreciated for any feedback please.

I suggest you approach it with pros and cons of withdrawing the application:

Pros of not withdrawing:
You don't need to do anything, the case worker will contact you to redeclare a new application date.

Cons of not withdrawing:
You create a non-straightforward application, since the caseworker will have to contact you for additional information (the new application date).

If there is another mistake in the application that you are not aware of, the caseworker might not exercise discretion and your application runs the risk of being refused.

Pros of withdrawing:
Time. you can withdraw the application and reapply immediately, in that way, you correct the issue at the root, and you send an application that does not require the case worker to contact you for additional information and that has definitely one mistake less (but bear in mind, maybe it has more mistakes, see the cons of withdrawing).

Cons of withdrawing:

You won't have the refund immediately. If you want the benefit of time, then you need to be in a position to pay the fee again before you have the refund.

Uncertainty. Although I hope that documenting my experience earlier this year helps anyone considering this option.

Bear in mind you can introduce errors as you retype the application! Errors that were not there before, in general, it is effectively your time and effort all over again.

*********

It was a very stressful time, but after withdrawing my partner's application in March, then applying again, he has received his approval email and his ceremony is booked. So it is possible to withdraw and resubmit an application that is eventually successful.

[VemanaAnne]

Is there a way I can cancel my application and get a refund and apply again.

Yes, there is. But it is a somewhat tortuous one, as you never receive a definite acknowledgment that your request has been received, so you are never sure if you did something wrong, and the refund can take up to 6 weeks (sometimes even longer than that). See my full story here.

Or is it still fine that I submit my application and then case work would give me few options on how to proceed.

Yes, but you need to be 100% sure there are no other mistakes that need amendment on the application form. This post from @secret.simon made me make my decision to withdraw. But it is really up to you.

Please let me know your suggestions. Much appreciated for any feedback please.

I suggest you approach it with pros and cons of withdrawing the application:

Pros of not withdrawing:
You don't need to do anything, the case worker will contact you to redeclare a new application date.

Cons of not withdrawing:
You create a non-straightforward application, since the caseworker will have to contact you for additional information (the new application date).

If there is another mistake in the application that you are not aware of, the caseworker might not exercise discretion and your application runs the risk of being refused.

Pros of withdrawing:
Time. you can withdraw the application and reapply immediately, in that way, you correct the issue at the root, and you send an application that does not require the case worker to contact you for additional information and that has definitely one mistake less (but bear in mind, maybe it has more mistakes, see the cons of withdrawing).

Cons of withdrawing:

You won't have the refund immediately. If you want the benefit of time, then you need to be in a position to pay the fee again before you have the refund.

Uncertainty. Although I hope that documenting my experience earlier this year helps anyone considering this option.

Bear in mind you can introduce errors as you retype the application! Errors that were not there before, in general, it is effectively your time and effort all over again.

*********

It was a very stressful time, but after withdrawing my partner's application in March, then applying again, he has received his approval email and his ceremony is booked. So it is possible to withdraw and resubmit an application that is eventually successful.

Thank you very much for the detailed analysis and feedback. That is much more helpful. I believe it is better to withdraw/cancel as I sure I would get a refund as I have NOT attended the Biometrics.

Also, would there be a possibility that even refunds can be declined?
Also, is it mandatory to provide a mandatory referee details who should be a professional and who
has engaged with the child in a professional capacity like Teacher, Doctor etc as they are refusing to acknowledge my request with their personal details?

[kamoe]

Also, would there be a possibility that even refunds can be declined?

The wording of their website where you find the link to the withdrawal form suggests a refund will always be given as long as biometrics have not been provided:

You can cancel your application online and your fee will be refunded if you have not yet given your fingerprints and photo.

[VemanaAnne]

Also, would there be a possibility that even refunds can be declined?

The wording of their website where you find the link to the withdrawal form suggests a refund will always be given as long as biometrics have not been provided:

You can cancel your application online and your fee will be refunded if you have not yet given your fingerprints and photo.

Thank you. One last question from my end.

Also, is it mandatory to provide a mandatory referee details who should be a professional and who
has engaged with the child in a professional capacity like Teacher, Doctor etc as they are refusing to acknowledge my request with their personal details?

[Ticktack]

Also, would there be a possibility that even refunds can be declined?

The wording of their website where you find the link to the withdrawal form suggests a refund will always be given as long as biometrics have not been provided:

You can cancel your application online and your fee will be refunded if you have not yet given your fingerprints and photo.

Thank you. One last question from my end.

Also, is it mandatory to provide a mandatory referee details who should be a professional and who
has engaged with the child in a professional capacity like Teacher, Doctor etc as they are refusing to acknowledge my request with their personal details?

They're not really fussy with kids. The same referee for your family can be for your child even if they never met them before.
Check out this scenario, what if your child is a new born? Are you going to wait for 3 years to get a passport?