5 year rule for naturalisation.

[maveli62]

Earlier posted this in the time line thread. Moving it to here


I came to UK 0n 02-Jan-2002
company sent me to US in March-2002 for 2 months came back to UK on 01/May/2002
Got ILR on 06-Jan-2006
Applied for nat. on 15-March-2007
got letter from home office saying not eligible as I was not present in UK on 15/March/02

Now Ho asking me to re-sign the application with a date after 01/May/2007 add the extra £399.00 and resend the application.

I understand the rule you should be present in UK 5 years before the application date. I didn't know I have to be here on the exact date. does this mean they would have approve my application if I made it in Jan,Feb-2007.

[SYH]

thats very weird, you are allowed to be out of the country for up to 3 months/year, especially for absences due to business.
is your Entry clearance for 2 jan??
and I presume you pointed out in your application that 2 month absence, did you explain it was for business?

[transpondia]

yes, they measure the start date from the exact day the app is stamped in the mail room. quirky. you aren't the first to get burned.

[maveli62]

yes entry clearance 02-jan. yes I did specify the absence as business.

[SYH]

yes, they measure the start date from the exact day the app is stamped in the mail room. quirky. you aren't the first to get burned.

Yeah but he had 5 years.
Where does it say he had to be in the country on that date specifically???
Unless in their opinion he hadn't established himself because 2 month is too short??? but it would seem to me that it would have also impacted his ILR.
I think its bs and I would appeal.

[maveli62]

The only good thing they didn't totally refused it but asked me to re-sign with a new date and send the differnce in payment.

[SYH]

The only good thing they didn't totally refused it but asked me to re-sign with a new date and send the differnce in payment.

What do you mean difference???

[maveli62]

I applied in March with the old fee now they want me to pay the new fee and asked me to sent the difference between old and new fee

[olisun]

I applied in March with the old fee now they want me to pay the new fee and asked me to sent the difference between old and new fee

If you were in the UK exactly 5 yrs from the day you applied for your BC then there is no reason for them you refuse your application unless you have done something wrong.

[SYH]

I applied in March with the old fee now they want me to pay the new fee and asked me to sent the difference between old and new fee

If you were in the UK exactly 5 yrs from the day you applied for your BC then there is no reason for them you refuse your application unless you have done something wrong.

Then it sounds like to me, they just want more money

[maveli62]

I called HO and here is what they "Irrespective of how many years I am in UK I should be physically present in UK exactly five years before the application date" An example she quoted is a person came to UK in 01-jan-1990 got ILR in Jan 1994, didn't apply for naturalisation till March 2007 and went for a holiday in March-2002 for a month is not eligibile as he was not in UK exactly 5 years ago.

I find it very stupid and making a complaint HO. ofcourse I know it will land in the dust bin.

[SYH]

I called HO and here is what they "Irrespective of how many years I am in UK I should be physically present in UK exactly five years before the application date" An example she quoted is a person came to UK in 01-jan-1990 got ILR in Jan 1994, didn't apply for naturalisation till March 2007 and went for a holiday in March-2002 for a month is not eligibile as he was not in UK exactly 5 years ago.

I find it very stupid and making a complaint HO. ofcourse I know it will land in the dust bin.

Very interesting, so you get screwed for picking the wrong dates,
where does it say that in the guidance? I think people would like to know so they don't make the same mistake

[transpondia]

It is a quirky rule.

The end date is the date they stamp it in the mail room, and the start date date is measured exactly 5 years to the day (3 years for spouses) earlier. If the start/end dates do not jive with being in the UK, the app is not valid.

[Marco 72]

I understand the rule you should be present in UK 5 years before the application date. I didn't know I have to be here on the exact date.

You do, it's an unwaivable requirement. See here. Next time you submit the application you may want to use the Nationality Checking Service, they will spot problems like that.

[maveli62]

My qualifying period starts on 02-jan-2002 and went out only on 01-march-2002. ie I was present in UK from jan-2002 thru feb-2002

[Marco 72]

My qualifying period starts on 02-jan-2002 and went out only on 01-march-2002. ie I was present in UK from jan-2002 thru feb-2002

The qualifying period starts 5 years before the date of your application (3 if you are married to a British citizen). It doesn't matter if you were present in the UK before then.

[SYH]

My qualifying period starts on 02-jan-2002 and went out only on 01-march-2002. ie I was present in UK from jan-2002 thru feb-2002

The qualifying period starts 5 years before the date of your application (3 if you are married to a British citizen). It doesn't matter if you were present in the UK before then.

I wouldnt have realized that if Marco hadn't had this misfortune
So marco it means you would have been approved had you applied in jan or feb.
That really bites
so reapply in May
So sorry

[Sam123]

My first WP stamp on paasport starts from on 29th July 2002, since then I applied for two different jobs and WP was granted, so I understand my five years period ends on 29th July 2007. But I decided to apply for ILR in Sept 2007 because I am going to see my parents in my summer holidays on 21st July for 6weeks (teacher by profession) and we 3 are flying so it is very expensive. I cant afford £950 this ILR fees at the moment, once I back after holidays I will apply for ILR. How HO will respond to my application? Do I have to be in the UK on the date of completion of 5years?

I already booked my tickets. Could you please advise me on this issue.

Thanks
Sam123

[SYH]

If you are not applying until Sept 2007, the 5 year period is from sept 2002 to sept 2007 so you are in the country, aren't you??

The situation above was for naturalisation, not ILR so you can actually apply 28days beforehand as this is in the guidance notes and application.

However I would rather hear from others who have done so without a hitch???

[John]

maveli62, it is no consolation to you to say that what you have been told by BIA is totally correct ... and this has been pointed out numerous times on this and other immigration boards.

Quite simply you were out of the UK exactly 5 years before you applied for Naturalisation. I presume you submitted the application by post? I say that because if you used an NCS office to submit the application they should have spotted the problem and formally declined to forward the application to Liverpool.

And just to make it clear, BIA have absolutely no discretion in this matter. The answer needs to be yes or no as to whether the person was in the UK on the relevant date, and if no then the application is bound to fail. However you are being given the chance to re-sign the declaration on the form. It is unfortunate that the application fee has increased in the meantime, meaning you need to hand over more money.

[pantaiema]

MY understanding is that one need to be at least 1 year on ILR before they qualify for Naturalisation.

Anyone coulad give source of information/documents, link whiohcprovide when one could qualify for Naturalisation ?

Regards
Pantaiema

Earlier posted this in the time line thread. Moving it to here


I came to UK 0n 02-Jan-2002
company sent me to US in March-2002 for 2 months came back to UK on 01/May/2002
Got ILR on 06-Jan-2006
Applied for nat. on 15-March-2007
got letter from home office saying not eligible as I was not present in UK on 15/March/02

Now Ho asking me to re-sign the application with a date after 01/May/2007 add the extra £399.00 and resend the application.

I understand the rule you should be present in UK 5 years before the application date. I didn't know I have to be here on the exact date. does this mean they would have approve my application if I made it in Jan,Feb-2007.

[JAJ]

MY understanding is that one need to be at least 1 year on ILR before they qualify for Naturalisation.

Unless married to a British citizen.

Anyone coulad give source of information/documents, link whiohcprovide when one could qualify for Naturalisation ?

http://www.ind.homeoffice.gov.uk

[John]

Unless married to a British citizen.

..... or indeed in Civil Partnership with a British Citizen.

[pantaiema]

Dear All
Apart from maariage & Civil Partnrship , one need to be at least 1 years on ILR before they qualify to Naturalistion ?
SO normally (5+1 = 6 Years)

But why the topic of this POST is 5 years presence in the UK ?.
If this correct one could prccess which mean that given that one do not travel abroad a lot s/he might probably qualify a few month after getting ILR and do not need to wait after 1 year ?. Is that correct ???????

Thank you for your answer

Pantaiema

Earlier posted this in the time line thread. Moving it to here


I came to UK 0n 02-Jan-2002
company sent me to US in March-2002 for 2 months came back to UK on 01/May/2002
Got ILR on 06-Jan-2006
Applied for nat. on 15-March-2007
got letter from home office saying not eligible as I was not present in UK on 15/March/02

Now Ho asking me to re-sign the application with a date after 01/May/2007 add the extra £399.00 and resend the application.

I understand the rule you should be present in UK 5 years before the application date. I didn't know I have to be here on the exact date. does this mean they would have approve my application if I made it in Jan,Feb-2007.

[John]

The 5-year rule (or 3-year rule for those married to, or in Civil Partnership with, a British Citizen) is actually very simple. Indeed I would be tempted to say that it is so simple that people look for complications that are simply not there!

As regards this particular rule ..... was the person physically in the UK exactly 5 years (or 3 years) prior to BIA receiving the Naturalisation application?

The answer to that is either yes or no. If yes then the test is passed. If no, then it is failed. BIA have absolutely no discretion about this particular test.

Clear? If not, what are you querying?

A totally separate test ... for those not married to or in Civil Partnership with a British Citizen .. has ILR (or the EU equivalent, Permanent Residence) been held for a minimum of one year? Again that is a yes or no question.

Do BIA have any discretion on this ILR for one year test? Well yes, and they do exercise that where the ILR took over 3 months to be granted, as compared to the ILR application date. As long as ILR was actually eventually granted, you can pass this test if you are applying for Naturalisation at least 15 months after the date of the ILR application.

Simple example ..... ILR applied for say 01.01.06 ... ILR actually granted say 01.07.06 ..... the "ILR for one year" test is actually deemed passed 15 months after the ILR application date .... say 01.04.07 ..... even though ILR only held for 9 month at that time.

You will appreciate that this relaxation in the rule is only of help where ILR is actually granted eventually and it took more than 3 months to determine the application.