UK Nationality - Being in UK first day of qualifying period?

[rajeshsubra]

Hi All,
I have an ILR for the past 15 months, and have already qualified on all criteria to apply for naturalisation. I do have a specific question around the Home Office's residential qualifying period requirement and planning to submit this through my councils nationality checking service (NCS).

How literally do they take the 'been present in the UK five years before the date of your application' rule? Does this mean I physically had to have been in the country, or just employed full time by a UK company.

I generally meet all of the below and have been working full time in the UK with a UK company since the first day of the qualifying period. However, my work at that time required me to travel outside the UK every week (Tue to Thu typically), [b]which means that while I can submit the application to the council's NCS on a date when I was physically in the country 5 years back, I'm not sure that this will be valid when they send my application to the Home Office by post[/b]. I do have detailed letters from my employer that I was employed full time, 'resident' of the UK etc. then, and that my trips were due to business reasons.

Is this enough? Or do you think the home office will create a hassle and reject?

Do let me know....

thanks very much,
Rajesh

FYI, the home office website states that
To demonstrate the residential requirements for naturalisation, you must have:
- been resident in the UK for at least five years (this is known as the residential qualifying period); and
- been present in the UK five years before the date of your application; and
- not spent more than 450 days outside the UK during the five-year period; and
- not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
- not been in breach of the Immigration Rules at any stage during the five-year period.

[Jambo]

this mean I physically had to have been in the country

You must meet this requirement. The HO has no discretion with meeting this requirement. Your employment is not relevant for the naturalisation application.

The relevant date is the date the HO receives the applications. It doesn't matter when you attend NCS. Just make sure they send it Special Delivery Next Day so you know when it will arrive and make sure that you have been in the country on that date 5 years back. Should not be difficult as it seems you only have been away 1 day a week (Wednesday, your travel days don't count as being away).

[rajeshsubra]

Hi Jambo,
Thanks for letting me know...There is a window where I can do the NCS on Thu thus ensuring that they have Fri, Mon and Tue for the application to reach the home office.... I'll work with this...thanks!

Another question which I realised - after living at the same address for over 5 years, we recently (2 months back) moved house. While I've changed the bank, utility etc., I havent changed address with HMRC or my employer i.e. my salary slips have the old address. Do you think this could be an issue?

Thanks,
Rajesh

[Jambo]

Another question which I realised - after living at the same address for over 5 years, we recently (2 months back) moved house. While I've changed the bank, utility etc., I havent changed address with HMRC or my employer i.e. my salary slips have the old address. Do you think this could be an issue?

Why are your payslips relevant to the application?

I suggest your update your record with HMRC, not for the naturalisation application but so you don't miss important post from them. This can be done online and takes 5 minutes. See Tell HMRC about a change of name or address by email.

[rajeshsubra]

Thanks Jambo,
Filling up my form today... quick question, can me and my wife have the same referees?
Thanks,
Raj

[Jambo]

Thanks Jambo,
Filling up my form today... quick question, can me and my wife have the same referees?
Thanks,
Raj

Yes.