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physically present in the UK at the beginning of the 3/5 yea

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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black_bird
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Posts: 53
Joined: Tue Dec 18, 2012 11:53 pm

physically present in the UK at the beginning of the 3/5 yea

Post by black_bird » Wed Jun 05, 2013 10:16 am

Dear all,

I have just been to my PEO on the 3rd of Jun 2013 and was granted the ILR letter on the same day. Biometric residency card is coming in 7 working days.

Reading the FAQ on this board, one sentence caught my eyes: ‘An important requirement you should pay attention to is that you need to have been physically present in the UK at the beginning of the 3/5 years residence period i.e. the day the HO receives your application 3/5 years back. This is a pass/fail test and the HO has no discretion with this requirement.’

May I ask for clarification, say after one year on the 4th of Jun 2014 I send in my application for Citizenship, does the above mean that UKBA will check that I was in the UK on the 04/06/2011 and 04/06/2009 and if I was in other countries the Citizen application will be refused?

Does Citizenship have the 28 days period , i.e., will I be allowed to apply in May 2014?

Thanks in advance :)

oh, and one more question, once I receive my Biometrics card, each time I go abroad, do I carry both my passport and the card with me for going out/coming back in to the UK?

selva
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Posts: 204
Joined: Wed Aug 17, 2011 3:21 pm

Re: physically present in the UK at the beginning of the 3/5

Post by selva » Wed Jun 05, 2013 10:43 am

black_bird wrote:Dear all,

I have just been to my PEO on the 3rd of Jun 2013 and was granted the ILR letter on the same day. Biometric residency card is coming in 7 working days.

Reading the FAQ on this board, one sentence caught my eyes: ‘An important requirement you should pay attention to is that you need to have been physically present in the UK at the beginning of the 3/5 years residence period i.e. the day the HO receives your application 3/5 years back. This is a pass/fail test and the HO has no discretion with this requirement.’

May I ask for clarification, say after one year on the 4th of Jun 2014 I send in my application for Citizenship, does the above mean that UKBA will check that I was in the UK on the 04/06/2011 and 04/06/2009 and if I was in other countries the Citizen application will be refused?

Does Citizenship have the 28 days period , i.e., will I be allowed to apply in May 2014?

Thanks in advance :)

oh, and one more question, once I receive my Biometrics card, each time I go abroad, do I carry both my passport and the card with me for going out/coming back in to the UK?
"beginning of the 3/5 years residence period" - if your qualifying period is 3 years then yes , you should be in the UK on on the 04/06/2011
if it is 5 years then , you should be in the uk on 04/06/2009 not both.

there is no 28 days for Citizenship

yes you need to take both BRP and passport

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CR001
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Re: physically present in the UK at the beginning of the 3/5

Post by CR001 » Wed Jun 05, 2013 10:44 am

black_bird wrote:Dear all,

I have just been to my PEO on the 3rd of Jun 2013 and was granted the ILR letter on the same day. Biometric residency card is coming in 7 working days.

Reading the FAQ on this board, one sentence caught my eyes: ‘An important requirement you should pay attention to is that you need to have been physically present in the UK at the beginning of the 3/5 years residence period i.e. the day the HO receives your application 3/5 years back. This is a pass/fail test and the HO has no discretion with this requirement.’

May I ask for clarification, say after one year on the 4th of Jun 2014 I send in my application for Citizenship, does the above mean that UKBA will check that I was in the UK on the 04/06/2011 and 04/06/2009 and if I was in other countries the Citizen application will be refused? yes, this is the most basic and fundamental requirement. If applying on the basis of 3 years residence and married to a BC, you will need to have been physically present exactly 3 years before from the date the UKBA receives your application so day/6/11 or on 5 years residence, it will be day/6/2009. The date you qualify with 12 months ILR is per the date that is printed on your BRP, not the date of PEO appointment. Within the last month or so someone was refused for getting the date slightly wrong.

Does Citizenship have the 28 days period , i.e., will I be allowed to apply in May 2014? No, a full 12 mohths on ILR is required.

Thanks in advance :)

oh, and one more question, once I receive my Biometrics card, each time I go abroad, do I carry both my passport and the card with me for going out/coming back in to the UK? Yes, you need to carry both
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

black_bird
Junior Member
Posts: 53
Joined: Tue Dec 18, 2012 11:53 pm

Re: physically present in the UK at the beginning of the 3/5

Post by black_bird » Wed Jun 05, 2013 10:51 am

thank you so much for both of your's reply :) Just double checking, in the final 12 months period I am allowed to be out of the UK for no more than 100 days, correct? (provided in the total 5 years counting back from naturalisation application date, the days of absence is less than 300 days). Will the days of absence be included in the full 12 months period?

are the days of absence again defined as whole days? i.e. day traveling out and coming in won't be counted as days away?

teawithlemon
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Posts: 116
Joined: Fri Feb 10, 2012 8:34 pm

Re: physically present in the UK at the beginning of the 3/5

Post by teawithlemon » Wed Jun 05, 2013 9:25 pm

black_bird wrote:Dear all,

I have just been to my PEO on the 3rd of Jun 2013 and was granted the ILR letter on the same day. Biometric residency card is coming in 7 working days.

Reading the FAQ on this board, one sentence caught my eyes: ‘An important requirement you should pay attention to is that you need to have been physically present in the UK at the beginning of the 3/5 years residence period i.e. the day the HO receives your application 3/5 years back. This is a pass/fail test and the HO has no discretion with this requirement.’

May I ask for clarification, say after one year on the 4th of Jun 2014 I send in my application for Citizenship, does the above mean that UKBA will check that I was in the UK on the 04/06/2011 and 04/06/2009 and if I was in other countries the Citizen application will be refused?

Does Citizenship have the 28 days period , i.e., will I be allowed to apply in May 2014?

Thanks in advance :)

oh, and one more question, once I receive my Biometrics card, each time I go abroad, do I carry both my passport and the card with me for going out/coming back in to the UK?
Follow annex guideline pls

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