Naturalisation Application rejected...Need Urgent help

[Khanbhai]

Hi, Everyone I applied for my wife naturalisation as a British citizen. Today I received email from home office they say my wife was not in UK for five years that is why doest not qualify for naturalisation, and hold the application. She came to UK on PBS depndent visa on 3rd August' 2014 and we applied for naturalisation on 17-01-2021. Following are all details of her immigration history;

Naturalisation Application date: 17-01-2021
She arrived in UK: 03-08-2014 Tier 1 Entrepreneur dependent visa
Went on Holidays for 52 days: 07-01-2016 to 29-02-2016
ILR issue date: 16-01-2020

Following are the words on Email;


"
I refer to your application for Naturalisation as a British citizen under section 6(1) of the British Nationality Act 1981.
A person applying under this section is expected to have been in the United Kingdom on the actual date 5 years before making the application.
Your application was received in the Home Office on 17 January 2021. You must therefore have been in the United Kingdom on 18 January 2016.

According to your application form and Passport, you left the United Kingdom on 7 January 2016 and returned on 29 February 2016.
As you were not in the United Kingdom on 18 January 2016, this requirement is not met.

However, if you reply to this email using the address below, we will be able to continue our consideration. Your new application date will be the date that your email is received by the Home Office.

To do this, simply reply to this email using the address nationalityfurtherinformationrequests@homeoffice.gov.uk confirming that you wish to re submit your application.

So that we are able to continue to consider your application please make sure you reply to this email no sooner than the date and no later than the 19 March 2021.

Failure to reply between these dates will result in your application being refused on the grounds that you do not meet the statutory residence requirements for naturalisation, as you were not in the UK on the first day of the residential qualifying period."


My Question are

1. My wife came to UK on 03-08-2014 and she is in UK for than 5 years we went to Pakistan on holiday for 52 days between 07-01-2016 to 29-02-2016, why they are considering period from 17-01-2016 not 03-08-2014?

2. how many days one can be absent from UK?

3. Is it break 5 years period time if we travel outside uk for more than 50 days and less than 180 days?

3. Do we need to resubmit her Naturalisation application?

4. and my naturalisation application still pending I applied 2 weeks before my wife application. I have not received any reply from them. Will that have any impact on her application?

5. What should I reply to them?

Could you Please help and guide me

Thanks

[secret.simon]

There is a mandatory requirement, that the Home Office has no discretion to disregard, that the applicant (your wife) was physically in the UK exactly five years before the date of application, if they are not the spouse of a British citizen.

In this case, your wife's application has not been rejected. Because of the above requirement, she needs to redeclare her application to some other date when she was in the UK five years ago. That is what the email is asking you to do.

As the email states,

To do this, simply reply to this email using the address nationalityfurtherinformationrequests@homeoffice.gov.uk confirming that you wish to re submit your application.

So that we are able to continue to consider your application please make sure you reply to this email no sooner than the date and no later than the 19 March 2021.

[CR001]

1. My wife came to UK on 03-08-2014 and she is in UK for than 5 years we went to Pakistan on holiday for 52 days between 07-01-2016 to 29-02-2016, why they are considering period from 17-01-2016 not 03-08-2014?

Also, you cannot choose the qualifying period you want to use, such as 2014. For citizenship, it is always the 5 years immediately preceding the date you apply online and she must have been present in the UK 5 years ago as the emails states.

[Khanbhai]

There is a mandatory requirement, that the Home Office has no discretion to disregard, that the applicant (your wife) was physically in the UK exactly five years before the date of application, if they are not the spouse of a British citizen.

In this case, your wife's application has not been rejected. Because of the above requirement, she needs to redeclare her application to some other date when she was in the UK five years ago. That is what the email is asking you to do.

Thank you scret.smon for replying

Could you please help me about what should I reply to home office..Can I ask home office to consider the date of application from today 05-03-2021? Because she was present in UK five years back on same day..

Thanks again

[CR001]

Yes you can ask that.

[Khanbhai]

Yes you can ask that.

Thanks CR001 you are very helpful as always.

[Khanbhai]

Thank you everyone for your advice....My wife's British Citizenship Application approved and we are waiting for certificate to dispached to local authority...I replied to Home office on Friday evening and got approval email on Tuesday. Thanks again

I got another question related to my personal Naturalisation application which is still in process I applied before my wife's application on 4 Decemeber' 2020 and Biometric submission on 04 January' 2021.

I made one mistake in my application, I forgot to add my Immigration history (Selected option "No" for previous application). I think that could be reason my application is still pending. My Immigration history is fine, never had any fine or conviction or overstay in UK.

Please guide me about my action.

1. Should I contact home office and provide them my immirgation history or wait for them?

2. Is there any chance they reject my application?

[CULLINAN]

All applications are processed on their own merits. The standard processing in 6 months.
You will have to wait 6 months before contacting HO. If you contact them before that, most likely your request will be ignored.
You can email them your immigration history if you like.

[Khanbhai]

All applications are processed on their own merits. The standard processing in 6 months.
You will have to wait 6 months before contacting HO. If you contact them before that, most likely your request will be ignored.
You can email them your immigration history if you like.

CULLINAN...Thanks...I will send them email with Immigration history...

[hemantpatel785]

Hi All

1) I am in a similar situation like khanbhai. I applied for my wife naturalisation as a British citizen. I received email 0n 17/05/2021 from home office they say my wife was not in UK for five years that is why does not qualify for naturalisation, and hold the application. She came to UK as family member of EEA national 29 /10/ 2006, Now she is having permeant residence card So we applied for naturalisation on 26/12/2020.

After receiving email from home office I have re-submit application form again as per their requirement on their e mail on 22/05/2021 . Now it is more than a week I have not received any email?

2)In my WIFE application, Detail trip out side UK I mentioned by mistake , I have visited india on 6 Dec 2018 and come back on 31 Dec 2019 , instead of 6 Dec 2019 to 31 Dec 2019.

3) When I submit my WIFE application, after that One of my referee which is my family friend has died unfortunately while second referee who is my manager has left the company and I have given her company email address as corresponds.

Both this Point 2) and 3) Did not mentioned on home office letter when I ask to re-submit my application.

So my question is I have already full fill their request, do I had to notify point2) and 3) as well when I had replied to them.

I am in stress now because I have not apply for EU Settlement scheme for my wife and due date is 30 jun 2021, In case if they refuse the application we do not have any option available.

Thanks