Naturalisation questions

[Itsmenuts]

Hi,

I am hoping someone has had similar experience and can help in addressing my queries
I entered UK August 2008 and have lived here ever since. In the last 5 yrs I was out of UK for approx 495days out of which 180 are continuous due to my mother under going treatment for cancer.

Reading the guidance notes it seems UKBA is tolerant upto 480 days only. Anything over that falls in the upto 730!day category which requires 7 yr residence in UK.

Ques 1 how lenient are they for a 495 day absence which is basically 15 days over their tolerance considering the compassionate grounds?

Ques 2 if it's advisable to make an application on the grounds mentioned above do I still have to wait for the 7yr qualifying period?

Ques 3 how much is advance can one apply for naturalisation considering it can take 4-6mths to process?

Ques 4 do we have to submit passport when applying for naturalisation? It seems if application is under the residence basis the passport is a must. Is that so?

Ques 5 what amount is refunded if at all incase the application is rejected?

Any thoughts experiences or feedback will be appreciated. Do you think I have a strong case to apply and should I wait for the 7yr period?

Thanks in advance

N

[CR001]

Ques 1 how lenient are they for a 495 day absence which is basically 15 days over their tolerance considering the compassionate grounds? You would need to ask for discretion, it is not automatic and it is up to the caseworker. Can you not wait a couple of months to bring your absence down to within the limit?

Ques 2 if it's advisable to make an application on the grounds mentioned above do I still have to wait for the 7yr qualifying period? You would need to wait roughly 2 months to qualify on 5 years residence. 7 Year is at discretion.

Ques 3 how much is advance can one apply for naturalisation considering it can take 4-6mths to process?

Ques 4 do we have to submit passport when applying for naturalisation? It seems if application is under the residence basis the passport is a must. Is that so? Regardless of which route you apply (5 years or 3 years spouse of BC), you have to submit your passport. You can use Nationality Checking Service at the council and they will copy your documents and give you the originals back and send your application for you. They charge a fee for this service.

Ques 5 what amount is refunded if at all incase the application is rejected? Only the ceremony fee of £80 will be refunded

[Itsmenuts]

[quote="CR001"][quote]
Ques 1 how lenient are they for a 495 day absence which is basically 15 days over their tolerance considering the compassionate grounds?
You would need to ask for discretion, it is not automatic and it is up to the caseworker. Can you not wait a couple of months to bring your absence down to within the limit?

Ques 2 if it's advisable to make an application on the grounds mentioned above do I still have to wait for the 7yr qualifying period?
You would need to wait roughly 2 months to qualify on 5 years residence. 7 Year is at discretion.

N - sorry this is the part i didnt understand, could you please clarify. As of today i have completed 6yrs and 8mths since i first entered. Do you mean i wait till i complete 7 yrs and then ask for discretion? or take the risk of applying under 5 yr QP and asking for discretion. I can wait for a few months but do need to travel in the year end.

Ques 3 how much is advance can one apply for naturalisation considering it can take 4-6mths to process?
N - i do have a planned travel in Dec hence was hoping i can get the new passport by then. How many days in advance can i apply?

Ques 4 do we have to submit passport when applying for naturalisation? It seems if application is under the residence basis the passport is a must. Is that so?
Regardless of which route you apply (5 years or 3 years spouse of BC), you have to submit your passport. You can use Nationality Checking Service at the council and they will copy your documents and give you the originals back and send your application for you. They charge a fee for this service
N- ok that is good to know. Does that mean we can travel out after submitting the application and will it be counted in the overall absences?

Ques 5 what amount is refunded if at all incase the application is rejected?
Only the ceremony fee of £80 will be refunded

[CR001]

To apply based on 7 years discretion, you need to have been present for 7 years.

How many absences do you have in total for the 5 year qualifying period counting backwards from a date you wish to apply but excluding dates of departure and arrival from the UK?

You can travel after submitting your application if you use NCS and the absence after submission won't be counted in the qualifying period. However note that the new application form requires biometric enrollment and you will need to be in the UK when the letter arrives to enroll at a Post Office.

If you applied in, say June, count your 5 years backwards to calculate your absence. Also what is your absence in the last 12 months as these need to be no more than 90 days.

Any absence above the limit is at discretion. For 7 years application, you would need to make it clear that you are applying on this basis as it is standard to base applications on 5 years or 3 years if married to a British Citizen.

[Itsmenuts]

firstly thanks a lot for taking time out to reply to my query.

To apply based on 7 years discretion, you need to have been present for 7 years.

How many absences do you have in total for the 5 year qualifying period counting backwards from a date you wish to apply but excluding dates of departure and arrival from the UK?

AS of now i have 508 absences and it will remain the same when calculating backwards to May / June 2010.

You can travel after submitting your application if you use NCS and the absence after submission won't be counted in the qualifying period.
Ok thats good to know.
However note that the new application form requires biometric enrollment and you will need to be in the UK when the letter arrives to enroll at a Post Office.
I already have a biometric done at the time of ILR. Do i have to do it again?

If you applied in, say June, count your 5 years backwards to calculate your absence. Also what is your absence in the last 12 months as these need to be no more than 90 days.
AS above, if i apply in June it will be 508 absences. If i apply July onwards it will be 494 absences, provided i dont travel out. I only did 35 days of travelling in the last 12 months so i am fine in that category.

Any absence above the limit is at discretion. For 7 years application, you would need to make it clear that you are applying on this basis as it is standard to base applications on 5 years or 3 years if married to a British Citizen.

Since i am above the limit now and will remain above the limit by Aug (when i complete 7 yrs in UK) it is always going to be a case of discretion. I am working on paper work to explain why i have exceeded the limit.
Can i apply in advance as in July or do i have to wait for the 7 yrs to be completed? Is the 28 days in advance rule apply here?

[CR001]

If you want discretion based on 7 years, you need to have the full 7 years residence. If you apply in July with 494 absence, you can ask for discretion (no guarantee that you will get it though) and explain your absences and to what extent you have your estate here (own a house, family etc).

There is no '28 day rule' for naturalisation. You have to complete the whole qualifying period. You also have to make 100% sure that you were physically present in the UK exactly to the day that HO receives your application, for example if HO receives your application on 1st May, you mus have been physically present on 30 Apri/1st May in the 5/7 years previously. If you were not, it will be an automatic refusal.

You have to do biometric enrollment again for naturalisation, this is with effect from 6th April 2015.

[Itsmenuts]

Hi,

Have another query with relation to calcuation of absences. I read in the guidance document that the day of departure and arrival in UK are not to be included. I notice my passport does not have any departure stamps which i think is a normal practice though doesnt help in calculating absences.

Though i have arrival stamps from the country i landed in it is not clear if i departed from UK on the same day. So what should i be doing in this case? Assume i was in UK or not in UK? since my case is a border line one, it makes a difference if i include/exclude the departure days. Any help in this regard would be appreciated.

also i read in one of the posts that official absences are disreagarded. is that true?

Regards,

Natasha

[fwd079]

Hi,

Have another query with relation to calcuation of absences. I read in the guidance document that the day of departure and arrival in UK are not to be included. I notice my passport does not have any departure stamps which i think is a normal practice though doesnt help in calculating absences.

Though i have arrival stamps from the country i landed in it is not clear if i departed from UK on the same day. So what should i be doing in this case? Assume i was in UK or not in UK? since my case is a border line one, it makes a difference if i include/exclude the departure days. Any help in this regard would be appreciated.

If you have tickets/copy of email, you can calculate through that and attach a printout. Also, the usual case in this regard is that Caseworker normally disregard a few days either way.

also i read in one of the posts that official absences are disreagarded. is that true?

Regards,

Natasha

Not true, unless its armed forces service, there is no difference between professional and personal absences.

[Itsmenuts]

Thanks for your reply. I have over 40 trips in the last 5 years and do not have email/ticket records for each and everyone of them. Without departure stamps from UK its a bit difficult to calculate... i am sure i am not the first person having this problem. DO i simply assume i was not in UK on the arrival date outside UK.

[fwd079]

Thanks for your reply. I have over 40 trips in the last 5 years and do not have email/ticket records for each and everyone of them.

That might not be a problem if you have other means to calculate your days abroad (entry stamp on passport in foreign land/digital camera snaps/text messages etc).

Without departure stamps from UK its a bit difficult to calculate... i am sure i am not the first person having this problem. DO i simply assume i was not in UK on the arrival date outside UK.

Please not that only whole days outside UK count, your departure day and arrival day doesn't count (section 2.2). Good luck.

[Itsmenuts]

HI

I am now planning to apply on 1st Sept and have already booked appointment with NCS. Hope it all goes well.

Can anyone please advice when applying through NCS if the date of application considered is the date when the application is sent or received by HO?

I plan to travel in Sept immediately after applying, is that advisable considering the biometric appointment needs to be booked within 15 days of the letter reaching us? Looking at some of the other posts it seems the biometric letter can take a few months to arrive, is that correct?

N

[Itsmenuts]

Hi

Can i please check if this rule is still valid - are we allowed to travel out of UK with no restrictions immediately after the application via NCS?

Secondly is the biometric letter and approval letter one and the same thing?

N

[CR001]

Hi

Can i please check if this rule is still valid - are we allowed to travel out of UK with no restrictions immediately after the application via NCS? Yes, you can travel, nothing has changed.

Secondly is the biometric letter and approval letter one and the same thing? No, they are not the same. Biometric letter will be sent before they start processing and considering your application. Approval letter is after all processing is done. Bear in mind that if you travel after submitting your application and the biometric letter is sent, you only have 15 days to submit your biometrics. Likely that a second letter will be sent if you miss the first one, but unlikely that any further letters will be sent and if you don't submit biometrics, your application will be rejected and you will lose the fee.

N

[CR001]

HI

I am now planning to apply on 1st Sept and have already booked appointment with NCS. Hope it all goes well.

Can anyone please advice when applying through NCS if the date of application considered is the date when the application is sent or received by HO? Date of application is the date that HO receives + 1 day.

I plan to travel in Sept immediately after applying, is that advisable considering the biometric appointment needs to be booked within 15 days of the letter reaching us? Looking at some of the other posts it seems the biometric letter can take a few months to arrive, is that correct? There is no 'appointment' for biometrics. When you receive the letter, you take the letter to a post office that provides the service, pay the fee and have your biometrics done. The biometric letter has a barcode specific to your application and details.

N

[Itsmenuts]

Hi

Can i please check if this rule is still valid - are we allowed to travel out of UK with no restrictions immediately after the application via NCS? Yes, you can travel, nothing has changed.

Secondly is the biometric letter and approval letter one and the same thing? No, they are not the same. Biometric letter will be sent before they start processing and considering your application. Approval letter is after all processing is done. Bear in mind that if you travel after submitting your application and the biometric letter is sent, you only have 15 days to submit your biometrics. Likely that a second letter will be sent if you miss the first one, but unlikely that any further letters will be sent and if you don't submit biometrics, your application will be rejected and you will lose the fee.

Ok thanks for your reply. on using NCS how long does it actually take for the application to be received by HO? and by when can i expect to receive the biometric enrolement letter?
As part of the naturalisation application i am registering my previous biometric details. is there anything else required at this stage?

I have another question in relation to Life in the UK and Knowledge of English. i passed the test on 31/8/2013 and the letter states that i have demonstrated proficiency in English required for ILR or naturalisation. I am assuming this is enough and i dont need to do anything further to demonstrate level of English. Is that correct?

What option do i select on the form:

i have obtained an academic qualification deemed by UK NARIC...
or
I am a national of a majority English speaking country...
or
I met the knowledge of language and life requirement to qualify for settlement on or after 28th Oct 2013


N

[CR001]

Ok thanks for your reply. on using NCS how long does it actually take for the application to be received by HO? and by when can i expect to receive the biometric enrolement letter? Please look at the timeline threads from April 2015 and you will get a general idea of how long the biometric letter takes but it does take a few weeks. HO receiving the application depends on the NCS you are applying through. Some post daily other post once a week.

As part of the naturalisation application i am registering my previous biometric details. is there anything else required at this stage? No

I have another question in relation to Life in the UK and Knowledge of English. i passed the test on 31/8/2013 and the letter states that i have demonstrated proficiency in English required for ILR or naturalisation. I am assuming this is enough and i dont need to do anything further to demonstrate level of English. Is that correct? Life in the UK does not expire so that is fine. What English test did you do and does it appear on the Transitional List of Accepted English Tests (Click)

What option do i select on the form:

i have obtained an academic qualification deemed by UK NARIC...
or
I am a national of a majority English speaking country...
or
I met the knowledge of language and life requirement to qualify for settlement on or after 28th Oct 2013 Depending on which English test you did, you tick this one.

[Itsmenuts]

Ok thanks for your reply. on using NCS how long does it actually take for the application to be received by HO? and by when can i expect to receive the biometric enrolement letter? Please look at the timeline threads from April 2015 and you will get a general idea of how long the biometric letter takes but it does take a few weeks. HO receiving the application depends on the NCS you are applying through. Some post daily other post once a week.

ok thanks. Is it ok to travel out on the same day the applicaiton is posted on my behalf. I am just trying to assess if the rule requires us to be in UK until application reaches HO.
As part of the naturalisation application i am registering my previous biometric details. is there anything else required at this stage? No

I have another question in relation to Life in the UK and Knowledge of English. i passed the test on 31/8/2013 and the letter states that i have demonstrated proficiency in English required for ILR or naturalisation. I am assuming this is enough and i dont need to do anything further to demonstrate level of English. Is that correct? Life in the UK does not expire so that is fine. What English test did you do and does it appear on the Transitional List of Accepted English Tests (Click)

I only appeared for the Life in UK test as at that time there was no requirements to clear a knowledge of English separately.
What option do i select on the form:

i have obtained an academic qualification deemed by UK NARIC...
or
I am a national of a majority English speaking country...
or
I met the knowledge of language and life requirement to qualify for settlement on or after 28th Oct 2013 Depending on which English test you did, you tick this one.

[CR001]

You are free to travel once you have submitted the application. Keep in mind that you will be sent a biometric enrollment letter with the timeframe to do it.

You will need to meet the English requirement as LIUK is not enough. You either need to do one of the 10 minute test in This list (click) or if you have a degree then meet the requirements to use that as proof.

[Itsmenuts]

i have a degree in English medium though it is from a non UK country...

[Itsmenuts]

HI

I am now planning to apply on 1st Sept and have already booked appointment with NCS. Hope it all goes well.

Can anyone please advice when applying through NCS if the date of application considered is the date when the application is sent or received by HO? Date of application is the date that HO receives + 1 day.

I plan to travel in Sept immediately after applying, is that advisable considering the biometric appointment needs to be booked within 15 days of the letter reaching us? Looking at some of the other posts it seems the biometric letter can take a few months to arrive, is that correct? There is no 'appointment' for biometrics. When you receive the letter, you take the letter to a post office that provides the service, pay the fee and have your biometrics done. The biometric letter has a barcode specific to your application and details.

N

Hi,

Are there any suggestions / tips for supporting my case as it is on discretion basis? I have 490 days of absences in the last 5 yrs, with approx 190 being from a single trip where i was helping my family in a medical emergency. I am planning to explain the situation in a cover letter and attach medical papers that evidence the cause and duration of absence. Also planning to attach registration certificate of my limited company which i started on my return. Basically to show every intention to stay and build back my life here.
I am alone here and do not own property so there is nothing much i can think of that can be shown as evidence of settlement.

any tips / experiences will be helpful?

I couldnt find any forum talking about applicant who are applying on discretion basis, specifically due to excess absenses. If there is one please point me to it so i can read other peoples experiences..

Thanks,

N