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Residence requirement question

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

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golu
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Residence requirement question

Post by golu » Tue Jul 09, 2013 7:50 pm

one of the statements in the guide says that you should be physically present 5 years before the date the application reaches HO:

Please note: You should also check that you were physically present in the UK 5 years (3
years if you are married to or in civil partnership with a British citizen) before the date that
the application will be received by the UK Border Agency or other receiving authority (see
page 17 “Where to send your application form”). If you do not meet this requirement your
application is unlikely to be successful.


My question is, does it mean I have to be in UK physically exactly 5 years ago ? It seems strange, the reason I ask this question is I got my HSMP in UK in 2007, but in July 2008 I travelled abroad a few times. I might be physically not in UK on lets say a date in july in 2008.

Am I interpreting the guidance incorrectly ?

ban.s
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Post by ban.s » Tue Jul 09, 2013 8:47 pm

you need to check your travel dates and ensure you were physically present exactly 5 years before the date of application otherwise the application will be simply refused.

Jambo
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Post by Jambo » Tue Jul 09, 2013 9:06 pm

I don't understand why you think this is strange. For naturalisation, the qualifying period is 5 years (unless married to BC) and the law requires you to be present in the UK at the beginning of this period. Your previous immigration history is not relevant.

golu
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Post by golu » Tue Jul 09, 2013 9:11 pm

Jambo wrote:I don't understand why you think this is strange. For naturalisation, the qualifying period is 5 years (unless married to BC) and the law requires you to be present in the UK at the beginning of this period. Your previous immigration history is not relevant.
The reason I think it was strange is because what the rule implies is that if someone was on a holiday or out for business purpose exactly 5 years before the date teh application reaches HO they get refused.

So if someone lets say was out from 01st July to 10th July and 20th July to 31st July in 2008 ,and if by chance their application reaches to HO on 21st July its refused, but if it reaches on 19th July you are ok.

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Post by ban.s » Tue Jul 09, 2013 9:16 pm

you just need to manage the submission date accordingly - if there are such borderlines cases simply delay the application couple of days to avoid any risk.

Jambo
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Post by Jambo » Tue Jul 09, 2013 9:17 pm

That's the law.

golu
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Post by golu » Tue Jul 09, 2013 9:22 pm

Is there any information on what is considered the application date if we apply through NCS ?

Else I think I wil have to wait until September, four months in 2008 I was away 4 days every week !

I knew that travelling will come back to bite me

ban.s
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Post by ban.s » Tue Jul 09, 2013 9:24 pm

date of receipt of the application by UKBA

Jambo
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Post by Jambo » Tue Jul 09, 2013 9:29 pm

Make NCS aware of the dates. They normally use Royal Mail Nextday delivery so they know when the application is received. Remember that only full days (24 hours) outside the UK are considered as absence.

golu
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Post by golu » Tue Jul 09, 2013 9:56 pm

Jambo wrote:Make NCS aware of the dates. They normally use Royal Mail Nextday delivery so they know when the application is received. Remember that only full days (24 hours) outside the UK are considered as absence.
Thanks a lot Jambo, I left on 16th July and came back 4 days later, so my NCS appo is on 12th and if they manage to get it to the HO on or before 15th I should be ok.

ban.s
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Post by ban.s » Tue Jul 09, 2013 10:05 pm

applications don't get delivered on weekends and applications submitted at NCS on Fridays not always get posted on the same day. Your dates appear to be very risky to me.

ajax
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Post by ajax » Wed Jul 10, 2013 1:31 pm

golu wrote:
Jambo wrote:Make NCS aware of the dates. They normally use Royal Mail Nextday delivery so they know when the application is received. Remember that only full days (24 hours) outside the UK are considered as absence.
Thanks a lot Jambo, I left on 16th July and came back 4 days later, so my NCS appo is on 12th and if they manage to get it to the HO on or before 15th I should be ok.
It is almost certainly worth waiting until there is zero chance you could have been out of the country exactly five years prior to your submission date, instead of taking a chance that it might arrive on a certain day, and risking wasting several hundred pounds and several weeks.

What's the big hurry? Can you not wait a couple of weeks to be on the safe side?

golu
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Post by golu » Wed Jul 10, 2013 5:51 pm

My passport expires in two weeks time, and tbh I was in and out for four months in 2008. I think I will wait until August, have my passport renewed and then apply for it

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MN1 Residence Requirements

Post by denzel247 » Thu Jul 11, 2013 1:25 pm

My daughter arrived in the UK on 1st of January 2011 does she have to meet any residency requirements before she can apply for Citizenship?

ie 2,3,4 or 5 years.

Thanks

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Re: MN1 Residence Requirements

Post by Jambo » Thu Jul 11, 2013 1:42 pm

denzel247 wrote:My daughter arrived in the UK on 1st of January 2011 does she have to meet any residency requirements before she can apply for Citizenship?

ie 2,3,4 or 5 years.

Thanks

Have you read the FAQ before posting?

See Q1 & Q2 in Citizenship FAQs - Common Questions - Read before posting - children.

According to your latest post, you already submitted the application last week...

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Re: MN1 Residence Requirements

Post by Amber » Thu Jul 11, 2013 1:42 pm

denzel247 wrote:My daughter arrived in the UK on 1st of January 2011 does she have to meet any residency requirements before she can apply for Citizenship?

ie 2,3,4 or 5 years.

Thanks
How old is she? Where is the Mother?
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Re: MN1 Residence Requirements

Post by denzel247 » Thu Jul 11, 2013 1:57 pm

D4109125 wrote:
denzel247 wrote:My daughter arrived in the UK on 1st of January 2011 does she have to meet any residency requirements before she can apply for Citizenship?

ie 2,3,4 or 5 years.

Thanks
How old is she? Where is the Mother?

She is actualy my step daughter she is 17 and turns 18 on the 31st of July the mother is here we submited application on 4th of July but someone just told me that she has to have been here for 3 years but cant find it anywhere on UKBA website.

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Re: MN1 Residence Requirements

Post by denzel247 » Thu Jul 11, 2013 2:07 pm

Jambo wrote:
denzel247 wrote:My daughter arrived in the UK on 1st of January 2011 does she have to meet any residency requirements before she can apply for Citizenship?

ie 2,3,4 or 5 years.

Thanks

Have you read the FAQ before posting?

See Q1 & Q2 in Citizenship FAQs - Common Questions - Read before posting - children.

According to your latest post, you already submitted the application last week...
Yes I submitted last week but someone just told she has to have been here for at lest three years before she can apply so just worried about losing fee.

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Post by Amber » Thu Jul 11, 2013 2:11 pm

As she is over 13 they will expect her to have been resident for at least 2 years. What is the mother's nationality? What is the father's nationality and where is he?
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Post by denzel247 » Thu Jul 11, 2013 2:24 pm

D4109125 wrote:As she is over 13 they will expect her to have been resident for at least 2 years. What is the mother's nationality? What is the father's nationality and where is he?
That mother is British and the father is South African leaves in South Africa and has naver been here.

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Post by Amber » Thu Jul 11, 2013 2:33 pm

Was the mother naturalised or born British? If the latter where was she born?
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Post by denzel247 » Thu Jul 11, 2013 2:36 pm

D4109125 wrote:Was the mother naturalised or born British? If the latter where was she born?

Naturalised born in South Africa

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Post by Amber » Thu Jul 11, 2013 2:37 pm

When was she naturalised? Does the daughter have contact with her father in SA?
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Post by denzel247 » Thu Jul 11, 2013 2:48 pm

D4109125 wrote:When was she naturalised? Does the daughter have contact with her father in SA?
She was naturalised in September 2012 and daughter has only spoken to her father 2 or 3 times since she got here.

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Post by Amber » Thu Jul 11, 2013 2:49 pm

denzel247 wrote:
D4109125 wrote:When was she naturalised? Does the daughter have contact with her father in SA?
She was naturalised in September 2012 and daughter has only spoken to her father 2 or 3 times since she got here.
May cast doubt on future intentions.
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