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Applying for citizenship before qualifying date

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

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dimitris189
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Applying for citizenship before qualifying date

Post by dimitris189 » Fri Mar 17, 2017 2:24 pm

Hello All,

I have now finally been granted EU PR and I plan to apply for citizenship. However, I am only eligible to apply after one year the PR was granted which is in August this year. The question is, could I apply June-July and then have my application waiting in the queue and when the Home Office receives the application around August I would then be eligible? Considering that average processing time is 3-6 months this is not unreasonable to think but the question is if the Home Office will take into consideration the submission date regardless of anything else?

Thanks

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CR001
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Re: Applying for citizenship before qualifying date

Post by CR001 » Fri Mar 17, 2017 2:32 pm

The date you automatically attained PR will be different to the date on your PR card. You need a full 12 months from the date you attained PR.

There is NO concept of applying early and 'HO will just hang onto it for you till you qualify'. If you apply too early, you risk refusal and losing your fee. Date of application is the date of NCS appointment if using NCS or date of receipt by HO if you post it and that is the date they will use to calculate your qualifying period.
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bruteforce
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Re: Applying for citizenship before qualifying date

Post by bruteforce » Fri Mar 17, 2017 5:57 pm

You could still apply & request to waive the residential requirement on the basis of your strong economic ties in the UK in the form of substantial estate. All you would lose is the fee. (Which is a considerable amount)

secret.simon
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Re: Applying for citizenship before qualifying date

Post by secret.simon » Fri Mar 17, 2017 6:21 pm

You need to meet the requirements (as regards qualifying period, absences, etc) on the date of application, not the date the caseworker opens your file.
bruteforce wrote:You could still apply & request to waive the residential requirement on the basis of your strong economic ties in the UK in the form of substantial estate.
Have not heard of this before. Could you elaborate?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

salmintin
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Re: Applying for citizenship before qualifying date

Post by salmintin » Sat Mar 18, 2017 12:31 pm

bruteforce wrote:You could still apply & request to waive the residential requirement on the basis of your strong economic ties in the UK in the form of substantial estate. All you would lose is the fee. (Which is a considerable amount)
There is no discretion to waive the 5 + 1 years requirement.

OP your application will be refused if you apply early. You need to make sure you apply at least 1 year after the date you became permanent resident which is not the same as the issue date of your DCPR.

If you don't know when exactly you became a permanent resident, send a SAR.

dimitris189
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Re: Applying for citizenship before qualifying date

Post by dimitris189 » Sat Mar 18, 2017 11:18 pm

salmintin wrote:
bruteforce wrote:You could still apply & request to waive the residential requirement on the basis of your strong economic ties in the UK in the form of substantial estate. All you would lose is the fee. (Which is a considerable amount)
There is no discretion to waive the 5 + 1 years requirement.

OP your application will be refused if you apply early. You need to make sure you apply at least 1 year after the date you became permanent resident which is not the same as the issue date of your DCPR.

If you don't know when exactly you became a permanent resident, send a SAR.
They now tell you in the EU permanent residence acceptance letter the date you got PR and that you can apply 1 year after that. The only thing I don't understand is why they consider the date you send the application and not the date that the case worker will consider it.

secret.simon
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Re: Applying for citizenship before qualifying date

Post by secret.simon » Sun Mar 19, 2017 9:18 am

dimitris189 wrote:The only thing I don't understand is why they consider the date you send the application and not the date that the case worker will consider it.
That is a requirement of the law as it stands.

See Schedule 1 of the British Nationality Act 1981 for the requirements to naturalise. They all reference the date of application.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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