Naturalisation – Abroad on exact Day-0 date (physical presence rule)

[RadCGN]

Hi everyone,

I’m applying for UK naturalisation and only just realised I have messed up with the “physical presence 5 years prior” requirement.

I’ve lived in the UK continuously for 6 years (came originally on a Tier 2 visa, now have ILR since last year).

I submitted my naturalisation application just a few days ago.

When I checked my records properly, I realised that on the exact date 5 years prior to my application submission (the Day-0 date) I was travelling abroad on a short 5 day trip (to attend my brother's wedding). So technically, I was not physically in the UK on that day.

Just feeling a bit low knowing I've made a mistake that is potentially going to lead to a refusal. I’ve read examples where caseworkers send back an email asking for clarification or resubmission on the next possible date that fits the 5 year criteria.

My questions:

- Has anyone here been in the same situation recently, any positive outcomes ?

- Would it help if I send a cover letter explaining my mistake , and hoping the caseworker understands ?

Thanks in advance

[contorted_svy]

Have you attended your biometrics appointment?

From the guidance:

Presence in the UK at the start of the qualifying period
There are certain people who do not need to have been in the UK at the start of the 5-year qualifying period. These are:

applicants who are applying only on the grounds of Crown service

spouses or civil partners of British citizens in Crown or designated service overseas

applicants who are technically absent from the UK

All other applicants must have been physically present in the UK on the first day of the qualifying period. There is discretion to waive this requirement (see section on discretion).

In the UK at the start of the qualifying period
In most cases, we expect applicants to have been in the UK on day 1 of the qualifying period as this means they have completed the full 5 (or 3) years in the UK as required. However, there is discretion to waive this requirement in special circumstances.

To identify the start of the qualifying period you use the day after the application date minus the length of the qualifying period. For example in an application under section

6(1) made on 1 September 2022, the applicant must have been legally in the UK on 2 September 2017.

Discretion over an applicant’s presence in the UK at the start of the qualifying period in exceptional cases
There may be special reasons, such as those relating to the applicant’s health, that prevented them from being in the UK at the start of the qualifying period. The Nationality and Borders Act 2022 introduced the power to treat the applicant as having fulfilled this requirement in the special circumstances of a particular case even though they were not in the UK at the beginning of the residential period.

Discretion to treat the requirement to have been in the UK on the first day of the residential qualifying period as fulfilled should normally be exercised if one or more of the following is met:

the applicant was prevented from being in the UK because they had been removed from the UK, and the decision to remove them was later overturned

the applicant was incorrectly prevented from resuming permanent residence in the UK following an absence

the applicant is normally resident in the UK but there were exceptional reasons why they could not return from abroad at that time, such as illness, or travel restrictions due to a pandemic

the applicant is a current or former member of the armed forces (see the section on armed forces applicants)

If you propose to exercise discretion, you should see appropriate evidence demonstrating why the applicant was unable to be present at the start of the qualifying period. For example, if this is based on health grounds, you should see relevant medical evidence.

Cases where the requirement can be met by the date of consideration
Applicants are expected to meet this requirement, but there may be cases where the person has inadvertently applied on a date when they did not. The application form will ask applicants to agree that the Home Office use a different date as the date of application, if this would work to their advantage.

If there has been a fee change between the original application date and the date that they can now meet the requirement (to have been in the UK at the start of the qualifying period), they must pay the fee in force at the time of the new application date.

Changing the application date in this way may be appropriate for applicants who did not meet the requirement to have been in the UK at the start of the qualifying period but meet the requirement by the time you consider their application. When you consider the application, you must assess whether the person would meet this requirement (and the other residence requirements) on either the date you are considering the application, or a date between their original application and consideration. If a person does not meet the requirements on the date of consideration, but will do so within the next two months, it may be appropriate to put the application on hold. If the person will not meet the requirement for some time, you must consider whether there are exceptional grounds to exercise discretion (see section on discretion).

If you haven't attended a biometrics appointment yet, explain the mistake in a cover letter and upload it. As it was only a short trip, I would imagine that by the time a caseworker picks up your application you would respect the requirement. It is an easy mistake to make, so I wouldn't worry too much. Did you have any other trips in the following two months?