Days for Citizenship

[farwailr]

Question from my brother in law :

His ILR approved on 29th Sep 2015 and he is preparing his application for citizenship.

Can he go to counter on 29th Sep 2016 and apply or he have to go on 30th Sep? Reason behind this is because he is planning to go abroad and booking airline tickets.

Regards

[Casa]

Question from my brother in law :

His ILR approved on 29th Sep 2015 and he is preparing his application for citizenship.

Can he go to counter on 29th Sep 2016 and apply or he have to go on 30th Sep? Reason behind this is because he is planning to go abroad and booking airline tickets.

Regards

When you say 'go to the counter', I'm assuming you mean submit the application with the NCS.

Yes he can submit his application on the 29.09.16 as long as he was present in the UK on the 29.09.11

How long does he intend to be away for?

[secret.simon]

He should be able to go to the NCS on 29th September.

Remember the requirement that he must have been in the UK on the same day exactly 5 years ago (3 years if spouse of a British citizen). So, he should have been in the UK on 29/09/2011 (29/09/2013 if a spouse of a British citizen).

EDIT: Beaten by Casa. Great minds think alike

[farwailr]

Thanks guys for your help. here is the updated timeline from him

Initial application Tier 1 made in UK by post - March 2010 - Approved Sep 29th

Extension application Tier 1 on PEO - 28th Sep 2012 - Approved sameday

ILR application on PEO : 29th Sep 2015 - Approved Sameday


He is traveling for 3 weeks

Regards

[secret.simon]

When it comes to naturalisation, the dates regarding the immigration process (which is a separate and unrelated process) are not that important.

Was his stay entirely legal, with absolutely no overstay?

Is he married to a British citizen?

Was he present in the UK on the specific dates that Casa and I asked you about? Get him to check his passport and verify that he was not outside the UK on those dates.

[farwailr]

Simon thanks for prompt response just checked

My sister is not British Citizen so both of them are Malaysian nationals at time of tier 1 application.

Yes he was in UK when made the first application by post in March 2010. Though he did go for holidays next year after approval.

No overstay at all in all these years.

[secret.simon]

Was he present in the UK on the specific dates that Casa and I asked you about? Get him to check his passport and verify that he was not outside the UK on those dates.

There is a legal requirement for your brother-in-law to have been in the UK on the day five years before his application, otherwise his application will be refused. Get him to check his presence in the UK on the specific date.

[Casa]

Assuming he intends to submit his BC application with the NCS on 29.09.16 was he present in the UK on 29.09.2011

Edit: Pipped to the post this time by secret.simon

[farwailr]

Yes he was in country on 29/09/10

[Casa]

Assuming he intends to submit his BC application with the NCS on 29.09.16 was he present in the UK on 29.09.2011

Edit: Pipped to the post this time by secret.simon

[WR1]

If the application is made on 29/09/16 by NCS, then the applicant must have been physically present in the UK on 30/09/2011

[Casa]

If the application is made on 29/09/16 by NCS, then the applicant must have been physically present in the UK on 30/09/2011

Why?
The date of application is the date received by the NCS.
Postal applications, the date received by the Home Office.

[WR1]

If the application is made on 29/09/16 by NCS, then the applicant must have been physically present in the UK on 30/09/2011

Why?
The date of application is the date received by the NCS.
Postal applications, the date received by the Home Office.

From Booklet AN:

The residence requirements:
1. You must have been physically present in England, Wales, Scotland, Northern Ireland, the Isle of Man or the Channel Islands on the day 5 years before the application is received by the Home Office.
For example if your application is received on 20/1/2015 you should have been physically present in the United Kingdom on 21/1/2010.
Most applications that fail do so because applicants have applied even though they cannot satisfy the residence requirement to be present in the UK at the beginning of the residential qualifying period.

Unless i'm missing something?

[Casa]

I've always understood that it was the corresponding date 5 years (or 3 years) prior to the application being submitted with the NCS...but obviously not!

Strange, as exit and entry dates are counted for immigration purposes as being present in the country.

[noajthan]

In terms of receiving applications NCS is a proxy for HO.

The guidance booklet is not a definitive statement of the law; it could be wrong and/or out of date.

[farwailr]

Thanks everyone.

When UKBA counts 5 years back from application then why do we have to stay 1 year on ILR.

So in my brother in law case he was in UK on 29th Sep 2011 and also on 30th sep so it means he is good to go on 29th sep 2016.

[secret.simon]

When UKBA counts 5 years back from application then why do we have to stay 1 year on ILR.

Because there are multiple requirements for naturalisation spelt out by Parliament. Add Schedule 1 of the British Nationality Act 1981 to your light reading.

So in my brother in law case he was in UK on 29th Sep 2011 and also on 30th sep so it means he is good to go on 29th sep 2016.

Yes.

The guidance booklet is not a definitive statement of the law; it could be wrong and/or out of date.

WR1's earlier post is correct in that the requirement of the law is that the person is in the UK at the beginning of five years from the date of application. Thus, technically (date of application - 5 years + 1 day). We tend to drop the 1 day element for the case of simplicity, but that is the correct interpretation of the requirements (see Schedule 1 above).