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UK presence 12 months before date of AN application?

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

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

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jam_27
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UK presence 12 months before date of AN application?

Post by jam_27 » Sat Apr 30, 2016 8:39 pm

I am wondering if it is necessary to be present in UK at the start of the 90 day period for the final 12 month period of the qualifying period before applying for British naturalization.

I was granted ILR at the end of Oct 2014.

I am planning to apply for British naturalization in about 2 weeks’ time. However, I was living in Germany (for work) from 1 Jan 2015 to 27 June 2015.

If I apply (via NCS) for my British Naturalization and the application reach UKBA, say on the 15 May 2016, then my final 12 month period count starts from 14 May 2015(?).

My total number of absences from UK between 14 May 2015 and 15 May 2016 is less than 90 days (a total of 77 days of business related trips).

However, I was not in UK on the 14 May 2015. Does this invalidate my final year UK residency requirement for a British naturalization application?

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Casa
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Re: UK presence at the start of the 90 qualifying period?

Post by Casa » Sat Apr 30, 2016 8:42 pm

jam_27 wrote:I am wondering if it is necessary to be present in UK at the start of the 90 day period for the final 12 month period of the qualifying period before applying for British naturalization.

I was granted ILR at the end of Oct 2014.

I am planning to apply for British naturalization in about 2 weeks’ time. However, I was living in Germany (for work) from 1 Jan 2015 to 27 June 2015.

If I apply (via NCS) for my British Naturalization and the application reach UKBA, say on the 15 May 2016, then my final 12 month period count starts from 14 May 2015(?).

My total number of absences from UK between 14 May 2015 and 15 May 2016 is less than 90 days (a total of 77 days of business related trips).

However, I was not in UK on the 14 May 2015. Does this invalidate my final year UK residency requirement for a British naturalization application?
Yes it will invalidate it if you weren't present in the UK on the same date 12 months previously.
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

secret.simon
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Re: UK presence at the start of the 90 qualifying period?

Post by secret.simon » Sat Apr 30, 2016 9:01 pm

I am not sure there is a requirement for physical presence in the UK 12 months prior to application, Casa.

The only physical presence in the UK requirement is to be present in the UK either three years (if applying as the spouse of a British citizen) or five years prior to the application for naturalisation.

If you apply on 15th May 2016, you are required to be in the UK on 15th May 2013 (if applying as spouse of a BC) or 15th May 2011 (all other cases).

The date you attend NCS is taken as the date of application, not the day after.
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.

jam_27
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Re: UK presence at the start of the 90 qualifying period?

Post by jam_27 » Sat Apr 30, 2016 9:34 pm

Many thanks for the quick response.
Booklet AN (Nov 2015) page-6, mentions a UK presence requirement at the start of the 5 yr QP (which I satisfy), but there is no explicit mention of the UK presence requirement at the start of the final 12 month QP. Good that I decided to confirm before applying.

Could you please direct me to a source detailing the UK presence requirement at the start of the final 12 month QP (perhaps on the gov.uk website, or in this forum)?

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Casa
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Re: UK presence at the start of the 90 qualifying period?

Post by Casa » Sat Apr 30, 2016 9:44 pm

secret.simon wrote:I am not sure there is a requirement for physical presence in the UK 12 months prior to application, Casa.

The only physical presence in the UK requirement is to be present in the UK either three years (if applying as the spouse of a British citizen) or five years prior to the application for naturalisation.

If you apply on 15th May 2016, you are required to be in the UK on 15th May 2013 (if applying as spouse of a BC) or 15th May 2011 (all other cases).

The date you attend NCS is taken as the date of application, not the day after.
You're correct. I should take more caffeine with my coffee.... :oops:
(Casa, not CR001)
Please don't send me PMs asking for immigration advice on posts that are on the open forum. If I haven't responded there, it's because I don't have the answer. I'm a moderator, not a legal professional.

jam_27
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Re: UK presence at the start of the 90 qualifying period?

Post by jam_27 » Sat Apr 30, 2016 10:02 pm

Casa wrote:
secret.simon wrote:I am not sure there is a requirement for physical presence in the UK 12 months prior to application, Casa.

The only physical presence in the UK requirement is to be present in the UK either three years (if applying as the spouse of a British citizen) or five years prior to the application for naturalisation.

If you apply on 15th May 2016, you are required to be in the UK on 15th May 2013 (if applying as spouse of a BC) or 15th May 2011 (all other cases).

The date you attend NCS is taken as the date of application, not the day after.
You're correct. I should take more caffeine with my coffee.... :oops:
So, can I apply for my British naturalization (via NCS) on 15 May 2016?

mike799
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Re: UK presence at the start of the 90 qualifying period?

Post by mike799 » Sat Apr 30, 2016 10:21 pm

jam_27 wrote: So, can I apply for my British naturalization (via NCS) on 15 May 2016?
''Yes''

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Re: UK presence at the start of the 90 qualifying period?

Post by noajthan » Sun May 01, 2016 1:30 am

- assuming all other requirements have been/can be met too, including:
LITUK, proof of English, referees, good character, sound mind & etc etc.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

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