Naturalisation queries

[manu31]

Hi everyone,

I have just joined this forum and would be grateful if you could help me on few naturalisation queries.

Background:

ILR granted on 03/11/2011.
Before this I was on a combination of work permit + Tier 1 visa.


I intend to leave for Spain for higher studies (12 month course) on 25th August and intend to come on 3rd November for a day or two to submit my naturalisation application visa NCS.My total number of absences during the last 1 year will come to around 88.

According to the guidance notes, 100 absences are normally disregarded. Is this under special circumstances or a norm?

Since I will be submitting my application and then leaving for Spain to complete my course, I have doubts below:

1. In the form, we are required to give the present address .As, I will be redirecting my mail to one of my relative’s address. Can I use this as the present address in form?

2. My Partner is on ILR statur.However, she will be India undergoing treatment and I will be giving her present address as the Indian address. Do you think it will impact my chances of getting citizenship?

3. Since,I will not be working when I submit my application, can I list my status as student under Section 3-what is your occupation?

4. I will be submitting my application with NCS on 4th November 2011.So,I need to be present in the UK on 5/11/2006? or is it the day after documents are received by UKBA?From 15/11/2006-1/01/2007,I was out of country and have a very narrow window to apply from 3/11/2011-14/11/2011.

5. Lastly, does coming for 2 days to submit my application and then going back to Spain for study impact my chances of naturalisation.

I will be working till 31st July and can provide P60 for all the previous years and employment letter from previous employers.

Any advice on these issues will be very helpful.

Thanks,

manu

[manu31]

Hi all,

Any advice on the post above would be very helpful.

Thanks.

[Jambo]

According to the guidance notes, 100 absences are normally disregarded. Is this under special circumstances or a norm?

Under 100 days should be norm if you meet the other standard requirements.

As for your other questions, the two problems that might rise from your situation are:
1. You need to physically be present in the UK when the application reaches the HO. The NCS will usually ask you if you be in the country in the 5 days after the application, this is to make sure that you are in country (in case the post gets delayed etc although in most cases it will reach the HO on the next day). As your appointment in on a Thursday, it might not reach the HO before the weekend.
2. You might not meet the future intentions requirements (question 2.3 in the form). Read here. Because you plan to be out of the UK for more than 6 months and your partner is not in the country.
I suggest you explain your future intentions (and the reasons for you both to be outside the UK) in a cover letter or on page 13.

[manu31]

Jambo,

Thanks for your reply.

1.Since,I am taking appointment for 3rd november,then according the 5 day rule I can leave UK at the latest by 8th November?(assuming the 5 day rule can include weekend) or is the rule for working days?

2.Since,I wont be out of UK continuousuly for 6 months(I will be visiting once in 2months),do I still need to include a covering letter explaining my future intentions.According to the link you gave ,citizenship can be refused if you intend to remain out of UK continuously for more than 6 months.I think visiting once in 2 months for couple of days should help get around this?

Thanks for you help.

[Jambo]

1.Since,I am taking appointment for 3rd november,then according the 5 day rule I can leave UK at the latest by 8th November?(assuming the 5 day rule can include weekend) or is the rule for working days?

it's 5 days including weekends. 8th should be OK (probably even earlier. it all depends on when the NCS post the application).

2.Since,I wont be out of UK continuously for 6 months(I will be visiting once in 2months),do I still need to include a covering letter explaining my future intentions.According to the link you gave ,citizenship can be refused if you intend to remain out of UK continuously for more than 6 months.I think visiting once in 2 months for couple of days should help get around this?

It's not a matter of getting around it. Most likely it will not cause any issue but the fact that your partner is living abroad and that you spend the months before the application abroad (which will be clear from your list of absences) might cast a doubt (although not a large one). Would writing a letter be needed or not? Don't know. It might on one hand highlight an issue which might not be noticed at all. I however believe that it is always better to explain things before hand. Your call.

[manu31]

Jambo,

Thanks again for your reply.

One more question :

1.If NCS sends application on 3/11/2011 and it reaches UKBA on 7/11/2011 then I need to be present in UK on 8/11/2006?

What is the date which is taken as application received by UKBA?Is it the postal delivery comfirmation?

Thanks