Naturatlisation Citizenship refused: not physically present in UK 5 years before application

[faarah]

Hello Moderator

Applied for Naturalization after my ILR, married to a Brotish citizen , unfortunately miss the physical presence section

Submitted application 6-3-2020
3 years ago same date, not present in UK 20-2-2017 till 20-3-2017
Came back 20-3-2017

After submission i read in NA guide if all the other requirements met they can use their descretion of asking to send a declaration again

Or should i sent one cover letter and explain my mistake

I have my biometric appointment 15-june-2020

Please advise if i can upload a cover letter about my mistake or just leave everything and hopefully case worker use his/her Discretion for me too

Thanks

[Zerubbabel]

Being physically present in the UK at the beginning of the qualifying period is a non negotiable eligibility criteria.

2 things may happen now:

- They send you a letter with a document to sign in order to change your application date.

- They refuse and take the money

I have seen both.

Other option, you can cancel your application if it hasn't been decided yet and re-apply again so you don't lose the fees.

But the fact that you have to be present is non negotiable and they have no discretion over it. The only discretion they have is to ask you to sign that documents which in effect you are changing the date of the application.

[CR001]

Other option, you can cancel your application if it hasn't been decided yet and re-apply again so you don't lose the fees.

Only relevant if biometrics have not been enrolled.

[secret.simon]

After submission i read in NA guide if all the other requirements met they can use their descretion of asking to send a declaration again

Or should i sent one cover letter and explain my mistake

To the best of my knowledge, they must initiate the redeclaration. You can't resend a cover letter (or more precisely you may, but it won't have any effect, apart from possibly initiating a redeclaration from their side).

As Zerubbabel mentioned above, this is a mandatory requirement that the Home Office has no authority to disregard. It can only offer a redeclaration of another date within two months of the date of the original application.

Keep in mind that on the new declaration date, you would still need to have met the absence requirements, physical presence requirements, etc.

[faarah]

Other option, you can cancel your application if it hasn't been decided yet and re-apply again so you don't lose the fees.

Only relevant if biometrics have not been enrolled.

Hello thanks for replying this quick

Biometric is on 15-6-2020 coming monday

If i withdraw my application which was submitted on 6-3-2020, fees deducted already, so will they refund all the money if i request to withdraw the application

Other question is , if i go ahead with my application and if they sent me a ee declaration form again using their descretion then from 6-march till 15- june the 2 months period of putting a date when i will be physically present in UK 3 years ago? How this will work

Please reply and suggest so i can decide to go or cancel and re do everything if they can refund the fees

Many thanks for all
I m waiting for the response

[secret.simon]

I believe (not absolutely certain) that if you withdraw your application before submitting your biometrics, your fees are refunded less an administration fee (again, not sure, but I believe £25). But wait for others to advise you more fully.

[faarah]

I believe (not absolutely certain) that if you withdraw your application before submitting your biometrics, your fees are refunded less an administration fee (again, not sure, but I believe £25). But wait for others to advise you more fully.

I ask one of the consultant, he mentioned dont withdraw the application, i will loose all the fee better upload a cover letter mentioning about your honest mistake and the covid situation that commit you this mistake and request to exercise their discretion and send a redeclaration form

I m in two minds
Please any suggestions
Thanks

[faarah]

Hello All

I post my physical presence issue when applied for Naturalization under 3 years route in a separate thread. But luckily i recieved home office mail to send the re declaration if i want to proceed


Can anyone suggest what the case worker want from this paragraph

"However, if you wish to send the attached copy of your submitted application form back to this address, we will be able to continue our consideration. Your application date will be the date that your re-declared application form is sent back to the email address."

1- could i just print out the my sibmitted form and date and signed the last page and send it to the email address i receieved the mail

2- or just reply to that mail with attachment and write in the mail declaration date and they will take the date from my email reply

3- in the mail from home office one place it says reply to the email address and at the bottom it says the below

“Please DO NOT respond to this e-mail as this inbox will not be monitored”

Please help me on this will be very grateful to you all
Regards

[seagul]

Hello All

I post my physical presence issue when applied for Naturalization under 3 years route in a separate thread. But luckily i recieved home office mail to send the re declaration if i want to proceed


Can anyone suggest what the case worker want from this paragraph

"However, if you wish to send the attached copy of your submitted application form back to this address, we will be able to continue our consideration. Your application date will be the date that your re-declared application form is sent back to the email address."

1- could i just print out the my sibmitted form and date and signed the last page and send it to the email address i receieved the mail

2- or just reply to that mail with attachment and write in the mail declaration date and they will take the date from my email reply

3- in the mail from home office one place it says reply to the email address and at the bottom it says the below

“Please DO NOT respond to this e-mail as this inbox will not be monitored”

Please help me on this will be very grateful to you all
Regards

Caseworker appears to be ostensibly supportive. Option 1 is more appropriate but resend the entire form after being signed to same email address which seems to have linked to their database.

[faarah]

Hello All

I post my physical presence issue when applied for Naturalization under 3 years route in a separate thread. But luckily i recieved home office mail to send the re declaration if i want to proceed


Can anyone suggest what the case worker want from this paragraph

"However, if you wish to send the attached copy of your submitted application form back to this address, we will be able to continue our consideration. Your application date will be the date that your re-declared application form is sent back to the email address."

1- could i just print out the my sibmitted form and date and signed the last page and send it to the email address i receieved the mail

2- or just reply to that mail with attachment and write in the mail declaration date and they will take the date from my email reply

3- in the mail from home office one place it says reply to the email address and at the bottom it says the below

“Please DO NOT respond to this e-mail as this inbox will not be monitored”

Please help me on this will be very grateful to you all
Regards

Caseworker appears to be ostensibly supportive. Option 1 is more appropriate but resend the entire form after being signed to same email address which seems to have linked to their database.

Thanks for the reply

One question your “but”sentence i did not get it
Should i contact on the same email and ask about which email address to send the attached redeclaration

Regards

[seagul]

Hello All

I post my physical presence issue when applied for Naturalization under 3 years route in a separate thread. But luckily i recieved home office mail to send the re declaration if i want to proceed


Can anyone suggest what the case worker want from this paragraph

"However, if you wish to send the attached copy of your submitted application form back to this address, we will be able to continue our consideration. Your application date will be the date that your re-declared application form is sent back to the email address."

1- could i just print out the my sibmitted form and date and signed the last page and send it to the email address i receieved the mail

2- or just reply to that mail with attachment and write in the mail declaration date and they will take the date from my email reply

3- in the mail from home office one place it says reply to the email address and at the bottom it says the below

“Please DO NOT respond to this e-mail as this inbox will not be monitored”

Please help me on this will be very grateful to you all
Regards

Caseworker appears to be ostensibly supportive. Option 1 is more appropriate but resend the entire form after being signed to same email address which seems to have linked to their database.

Thanks for the reply

One question your “but”sentence i did not get it
Should i contact on the same email and ask about which email address to send the attached redeclaration

Regards

Same email address unless they have pacifically provided an alternative email.