what happens if you apply for BC a few weeks earlier?

[rogerroger]

Hello

with all the dates stamped on the passport, if some one does get confused and applies for BC a few weekes ealier than he/she was supposed to then what happens?

1)does this application get rejected and he loses the fees

2)or they just delay the application by a few weeks and then start processing the application?

[desperado]

Hello

with all the dates stamped on the passport, if some one does get confused and applies for BC a few weekes ealier than he/she was supposed to then what happens?

1)does this application get rejected and he loses the fees

2)or they just delay the application by a few weeks and then start processing the application?

I think it is the earlier. Maybe it won't even go through the acknowledgement stage or if you apply via the pilot checking service they may turn it down themselves. You will lose your fee.

That's what I think.

[John]

Rogerroger, it is possible that the application will be rejected and the fee lost, but another possibility is that IND will offer the possibility of re-declaration. That, they will effectively get the person to sign a new declaration, equivalent to that at the end of the Naturalisation application form, and after getting that they will then process the application.

For the avoidance of doubt, no one should set out to submit their application for naturalisation when they are not time-qualified to do so. At the extreme it will be expensive and a total waste of time; at best it will delay the application considerably.

Don't overlook the absolute test! That is, the applicant for naturalisation MUST have been physically in the UK exactly five years before IND receive the application (or three years before if the applicant is married to a British Citizen).

[John]

Just to add to that, as from the IND website :-

3.2 The start of the qualifying period of 5(3) years is the day after the corresponding application date. Thus, for example, if the application date is 5 January the 5(3) year qualifying period starts on 6 January.

3.3 Where an applicant misses the requirement to have been in the United Kingdom on the date 5(3) years prior to the application date by 2 months or less either way, for whatever reason, we may consider offering re-declaration if:

* (subject to the initial two months limit) the applicant could meet the unwaivable residence requirement now that the case is being looked at (there is no maximum time limit between application date and consideration of this point); or

* (where the case is being considered within two months of the date of application) the requirement would be met within that two months (e.g. if the application date was 1.7.03, and we were looking at the case on 1.8.03, we would need to see whether the applicant was likely to meet the requirements by 1.9.03 to ensure that he/she was allowed a full two months from the date of application)

3.4 There is no flexibility to extend the periods included in this guidance. If, for example, an applicant misses the requirement by 2 months and 1 day the application should be refused regardless of any other circumstances.

All of that is part of this webpage, that is, part of the instructions given to IND staff dealing with Naturalisation applications.

[rogerroger]

i think i will qualify on august 19
can you guys confirm it else i will just apply on september 30

i was a student here from jan 98 - 30 sep 2000

my employer took me on and while they were processing my application asked me to work part time, so i worked part time from 5 september 2000- 30 september 2000

my work permit was issued 28 september 2000 but the "visa stamp" (which does not say anything other than extension of visa" was stamped 16 september 2000.

there was quite a bit of confusion as to when i could apply for ILR, my employer went through their lawyers and applied for my ILR on the 19th of August 2004, and i obtained it.

now since i was physically present in the UK on the 19th of August 2000, do i qualify for BC. or does this work permit confusion need to be taken into account.

i dont want to be sent back saying oh you were here as a student and you will have to reapply.

[John]

Looks to me like 19th August is OK. On that date you will have had your ILR for one year, and as you say you were physically in the UK on 19.08.2000. Also, at no time in the five-year period were in the UK in breach of immigration law, and presumably you are OK as regards your absences ... no more than 450 days out of the UK in the five-year period, not more than 90 days in the final one year?

If all that is OK, go for it! Either post the application by Special Delivery on the 19th, or make and appointment and go and see the Checking Service on that day. If you are not too far away, Checking Service highly recommended.

[rogerroger]

i was physically in the UK on the 19.08.2000.
however there was that period of ambuiguity in september 2000 when i was on a student visa for a few weeks but was working for a company while my work visa was being processed. (is that a problem?)

will i be questoned regarding my status at that time during the checking servce.

in the last five years i have not been out of the UK for more than 450 days.

and in the past one year i have not been out of the UK for more than 90 days.

where can i find the Checking Service? i work/reside in the west of london
_________________

[John]

I don't see a problem in anything you write. You had a valid Student Visa and even during term-time were entitled to work up to 20 hours per week. In any case I don't see how they would have the ability to check out that aspect, and why should they, you were not doing anything wrong.

Checking Service? Much more detail available by clicking here. As you live/work in West London I guess that Brent is the nearest one to you. There is absolutely no prohibition in using the checking service there, or anywhere else, even if you do not live or work in that area. But you do need to make an appointment.

[rogerroger]

thanks for the link, John
i will definitely avail myself of the checking service, it is always better to get it checked in a face to face, rather than send the stuff in the post

is it on an apointment basis, and to make an apointment do i need to call them up. there is not much information given on the page regarding setting up apointments.

once again, thanks for all the help