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NCS holding application due to not eligible

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

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ssyk9
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NCS holding application due to not eligible

Post by ssyk9 » Thu Mar 26, 2015 10:26 am

Hi all.

Just had appoint for Naturalisation based on 5y tier 1+1y ilr application everything ok but advised not send application until 25th april due to not qualified 5 year period asked to fill £1005 for new fee took all paperwork but holding until 25th april they will send this date , very confused please help advice is correct ?. Thank you


Travel dates: from 2008-2009 in country
06-11-2009 - 29-01-2010
03-03-2010 - 25-04-2010 (she point out i am not in country this period not eligible 5 year)
18-10-2010- 23-10-2010
07-12-2011- 16-12-2011
Last edited by ssyk9 on Thu Mar 26, 2015 4:27 pm, edited 1 time in total.

cs95tdg
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Re: NCS holding application due to not eligible

Post by cs95tdg » Thu Mar 26, 2015 1:23 pm

Yes, the NCS was correct. There is a requirement that you need to be present in the country exactly 5 years prior to the date the Home Office receive your application otherwise it will result in a refusal. So as you were absent from March 3rd to April 25th, 5 years ago, you would need to wait until after April 25th, 2015 before you apply.

Please also note that the AN application form has also changed for applications made after April 6th, so you should contact the NCS to ensure that they do not send in the old form, when the time comes. You'll need to complete the new form and arrange for NCS to submit them instead.

jamesjames
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Re: NCS holding application due to not eligible

Post by jamesjames » Thu Mar 26, 2015 1:30 pm

NCS is correct. They have just saved you some money.

ssyk9
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Re: NCS holding application due to not eligible

Post by ssyk9 » Thu Mar 26, 2015 1:40 pm

Thanks for you time but still i did not understand if i applied last month i mean feb 2015 or 2nd march 2015 am i eligible? feb 2010 i am not out side country if calculated from 2010 jan !! i may wrong but still not agree how it works.

ssyk9
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Re: NCS holding application due to not eligible

Post by ssyk9 » Thu Mar 26, 2015 1:48 pm

Wife British can i apply 3 year basis (eligible) before April 6th save some fee and new application please experts advice best solution very consufsed how to proceed . thank you

cs95tdg
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Re: NCS holding application due to not eligible

Post by cs95tdg » Thu Mar 26, 2015 2:32 pm

ssyk9 wrote: if i applied last month i mean feb 2015 or 2nd march 2015 am i eligible?
Yes, note that the maximum absences allowed over the residence period is independent to the requirement of needing to be physically present in the UK exactly 5 or 3 years (depending on the qualifying residential period), prior to the date the Home office receive your application.
ssyk9 wrote:Wife British can i apply 3 year basis (eligible) before April 6th save some fee and new application please experts advice best solution very consufsed how to proceed . thank you
If you are the spouse of a British citizen (you did not mention this in your original post!) & hold ILR, then yes the residence requirement is 3 years. You need to select the correct option in the AN form.

In this case, then you need to make sure that you were present in the UK exactly 3 years (date) prior to the date the Home office receive your application.

Note that this requirement is independent to the maximum absences allowed over the 3 year residence requirement.

Please q1 in the FAQ sticky below:

http://www.immigrationboards.com/britis ... 95747.html

ssyk9
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Re: NCS holding application due to not eligible

Post by ssyk9 » Thu Mar 26, 2015 2:50 pm

Appreciated your responses my previous message yes spouse become British 4 months ago through naturalisation she came as tier 1 dependant later received ilr+ British PP actually i am eligible 2013 but i did not apply can i apply 3 year basis now spouse route i am eligible 3 years qualifying period . thank you

cs95tdg
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Re: NCS holding application due to not eligible

Post by cs95tdg » Thu Mar 26, 2015 3:02 pm

ssyk9 wrote:yes spouse become British 4 months ago through naturalisation.... can i apply 3 year basis now spouse route ?
Yes, you can.

P.s. You might want to try and contact the NCS who already have your documents to see what they can do to help change & submit the application on the basis of British spouse - prior to new fees, if possible. If not it will be a new AN form & Fee.
Last edited by cs95tdg on Thu Mar 26, 2015 3:12 pm, edited 1 time in total.

fwd079
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Re: NCS holding application due to not eligible

Post by fwd079 » Thu Mar 26, 2015 3:03 pm

Yes, check this link please as form and fee is updated today.
Being British is a state of mind.
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cs95tdg
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Re: NCS holding application due to not eligible

Post by cs95tdg » Thu Mar 26, 2015 3:15 pm

fwd079 wrote:Yes, check this link please as form and fee is updated today.
Do you know whether the new form is effective from today or from April 6th? I took it to be effective from April 6th, but realise now that it's not mentioned anywhere.

ssyk9
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Re: NCS holding application due to not eligible

Post by ssyk9 » Thu Mar 26, 2015 3:16 pm

Thank you for your time will update

fwd079
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Re: NCS holding application due to not eligible

Post by fwd079 » Thu Mar 26, 2015 4:27 pm

cs95tdg wrote:
fwd079 wrote:Yes, check this link please as form and fee is updated today.
Do you know whether the new form is effective from today or from April 6th? I took it to be effective from April 6th, but realise now that it's not mentioned anywhere.

What I understand is they go by published dates. Form's published date is 26 March 2015, so any applications made after that date must use this form. Fees are coming into effect in April 6 and form does not mention the fees which are coming into effect a bit later.
Being British is a state of mind.
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ssyk9
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Re: NCS holding application due to not eligible

Post by ssyk9 » Thu Mar 26, 2015 4:49 pm

fwd079 wrote:
cs95tdg wrote:
fwd079 wrote:Yes, check this link please as form and fee is updated today.
Do you know whether the new form is effective from today or from April 6th? I took it to be effective from April 6th, but realise now that it's not mentioned anywhere.

What I understand is they go by published dates. Form's published date is 26 March 2015, so any applications made after that date must use this form. Fees are coming into effect in April 6 and form does not mention the fees which are coming into effect a bit later.

Yes just confirmed with NCS

cs95tdg
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Re: NCS holding application due to not eligible

Post by cs95tdg » Thu Mar 26, 2015 5:03 pm

ssyk9 wrote:
fwd079 wrote:
cs95tdg wrote: Do you know whether the new form is effective from today or from April 6th? I took it to be effective from April 6th, but realise now that it's not mentioned anywhere.
What I understand is they go by published dates. Form's published date is 26 March 2015, so any applications made after that date must use this form. Fees are coming into effect in April 6 and form does not mention the fees which are coming into effect a bit later.
Yes just confirmed with NCS
That's interesting, from what I remember the legislation to introduce biometrics for naturalisation was due to come into effect on April 6th, so if the new form is effective now, then it's actually come into force before that. Also just noticed that 04/2015 is mention on the footer of the AN form. So its slightly ambiguous. If only they had a cover sheet for the form, indicating when it's effective from, like they do for other immigration applications, it would leave no room for ambiguity.

fwd079
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Re: NCS holding application due to not eligible

Post by fwd079 » Thu Mar 26, 2015 5:09 pm

The form is to be used now as far as I understand.
I am guessing that for legislative purposes they could receive but "hold" all application made from today till April and start processing them afterwards, for all we know. So I'd still keep a budget of 80 odd pounds for biometric fees.
Being British is a state of mind.
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Kirtay
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Re: NCS holding application due to not eligible

Post by Kirtay » Thu Mar 26, 2015 5:28 pm

Hi All,

I just called Camedon NCS and according to the officer, it is to be used from 7 April, 2015.

Am I right here? I can't find any place where it states when to use this from?

ssyk9
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Re: NCS holding application due to not eligible

Post by ssyk9 » Thu Mar 26, 2015 5:46 pm

Kirtay wrote:Hi All,

I just called Camedon NCS and according to the officer, it is to be used from 7 April, 2015.

Am I right here? I can't find any place where it states when to use this from?


Still not clear information wait until Monday f

cs95tdg
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Re: NCS holding application due to not eligible

Post by cs95tdg » Thu Mar 26, 2015 5:47 pm

Kirtay wrote:I just called Camedon NCS and according to the officer, it is to be used from 7 April, 2015.
Am I right here?
It appears there are mixed responses about this. The OP above has been told by NCS that it's effective now.
I can't find any place where it states when to use this from?
Unfortunately that's correct, it doesn't appear to be mentioned on the form/guidance or the home office site yet. The closest to a effective date I've found, is on the footer of the form/booklet/guide, it states version 04/2015. Or as fwd079 has mentioned the publication date should be taken to be the effective date. I'd urge anyone applying in the next few days before April 6th to call NCS/Home office to check.

caffeine
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Re: NCS holding application due to not eligible

Post by caffeine » Thu Mar 26, 2015 6:06 pm

cs95tdg wrote:
Kirtay wrote:I just called Camedon NCS and according to the officer, it is to be used from 7 April, 2015.
Am I right here?
It appears there are mixed responses about this. The OP above has been told by NCS that it's effective now.
I can't find any place where it states when to use this from?
Unfortunately that's correct, it doesn't appear to be mentioned on the form/guidance or the home office site yet. The closest to a effective date I've found, is on the footer of the form/booklet/guide, it states version 04/2015. Or as fwd079 has mentioned the publication date should be taken to be the effective date. I'd urge anyone applying in the next few days before April 6th to call NCS/Home office to check.
Yeah I amgoing to call both NCS and Home Office tomorrow, will update as soon as I find out.

For now I have filled both forms as one of my referee is going to be away from Monday and I must get it signed from him tomorrow.
Received by HO : 02-04-2015
Fee deducted : 22-04-2015
Acknowledgment Email: 23-04-2015
Approval Letter : 10-10-2015

Yash001
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Re: NCS holding application due to not eligible

Post by Yash001 » Thu Mar 26, 2015 6:24 pm

I have heard in past that the old form remain valid for next 28 days from the day the new form is released. Can anybody comment on this?

caffeine
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Re: NCS holding application due to not eligible

Post by caffeine » Thu Mar 26, 2015 6:26 pm

Yash001 wrote:I have heard in past that the old form remain valid for next 28 days from the day the new form is released. Can anybody comment on this?
It can't in this case I think because of amendment to legislation which requires you to provide biometric details.
Received by HO : 02-04-2015
Fee deducted : 22-04-2015
Acknowledgment Email: 23-04-2015
Approval Letter : 10-10-2015

Yash001
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Re: NCS holding application due to not eligible

Post by Yash001 » Thu Mar 26, 2015 6:36 pm

It can't in this case I think because of amendment to legislation which requires you to provide biometric details.
Caffeine- sorry, I don't know about this amendment. Can you please help me with some more details around this? Thanks for your help.

Yash001
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Re: NCS holding application due to not eligible

Post by Yash001 » Thu Mar 26, 2015 6:45 pm

Sorry Caffeine, I checked the new form and I can see new biometric section. :(

t123456789
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Re: NCS holding application due to not eligible

Post by t123456789 » Thu Mar 26, 2015 8:55 pm

For naturalisation there is no requirement to use the correct form, or any form for that matter.

See 6.4.4.
These forms have no statutory basis and their use is not compulsory.
Also see 6.3.1.1
We must treat as an application any request for [British citizenship] which, together with accompanying documents appears to contain the applicant's:
 Full name
 Address
 Date and place of birth (unless on enquiry this cannot be supplied)
 A declaration stating that the contents are true

It is not a statutory or regulatory requirement that the declaration is signed and dated, although Home Office forms provide space
for this to be done. The declaration must, however, include either the full name or the signature of the person making the application.

mianrm
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Re: NCS holding application due to not eligible

Post by mianrm » Fri Mar 27, 2015 12:18 am

I just learned that there are new forms for citizenship. i have already filled my forms and looks like i have to go with the new ones now.

also please advice if there is new forms for childern under 18

https://www.gov.uk/government/publicati ... n-form-mn1

above link still have the old forms

regards
Date of application Delivered (16/04/2015)
Date of Approval: 16/10/2015 dated:12/10
Date of Private Ceremony Booked: 20 / 10 / 2015

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