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Travelling abroad after submitting naturalisation application/biometrics

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

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alterhase58
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Re: Letters from former employers - date of issue - help

Post by alterhase58 » Sun Apr 25, 2021 4:11 pm

What happens? Some applicants are refused outright, some are given the opportunity to re-declare their application, i.e. sign it for a different date.
It's a rule that is laid down in the British Nationality Act and therefore is not down to discretion, although not sure where the re-declaration is specified as an option.
This is just my opinion as a member of this forum and does not constitute immigration advice.
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secret.simon
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Re: Letters from former employers - date of issue - help

Post by secret.simon » Sun Apr 25, 2021 4:30 pm

To build on @alterhase58's response, it is a naturalisation requirement that the Home Office has no discretion to ignore (because no discretion to disregard it was given in the BNA 1981, as @alterhase58 mentioned above) and failing to meet it means automatic refusal (and no refund of fees either, so you end up losing ~£1200).

What the Home Office case worker can do, if the applicant meets the other requirements and if the applicant was only absent for a short period, is to offer the applicant a chance to redeclare the application to another date within two months of the original date of application.

Once redeclared, the application will be treated as if it was made on the date of that redeclaration and treated accordingly.

The applicant would still need to have been physically present in the UK at the start of the five year period preceding this new date of application and would also need to meet the five year and one year absences requirements for the relevant periods starting from the new date of application.
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stegio80
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Re: Letters from former employers - date of issue - help

Post by stegio80 » Sun Apr 25, 2021 7:44 pm

secret.simon wrote:
Sun Apr 25, 2021 4:30 pm
To build on @alterhase58's response, it is a naturalisation requirement that the Home Office has no discretion to ignore (because no discretion to disregard it was given in the BNA 1981, as @alterhase58 mentioned above) and failing to meet it means automatic refusal (and no refund of fees either, so you end up losing ~£1200).

What the Home Office case worker can do, if the applicant meets the other requirements and if the applicant was only absent for a short period, is to offer the applicant a chance to redeclare the application to another date within two months of the original date of application.

Once redeclared, the application will be treated as if it was made on the date of that redeclaration and treated accordingly.

The applicant would still need to have been physically present in the UK at the start of the five year period preceding this new date of application and would also need to meet the five year and one year absences requirements for the relevant periods starting from the new date of application.
Thank you for the detailed explanation. Is there the same rule for the year after getting the PR or Settled status, ie, when you apply for naturalisation, the requirement is to have been in the country at the beginning of the 5 year period and at the beginning of the one year period to enables you to apply for naturalisation after getting the PR? For instance: Arrive in the UK Sep 1, 2015, granted settled status on 5 October 2020, applying for naturalisation on October 6 2021. I had to be in the UK on October 6, 2016 but also on October 6 2020? thank you.

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CULLINAN
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Re: Letters from former employers - date of issue - help

Post by CULLINAN » Sun Apr 25, 2021 7:45 pm

Same rule for everyone.
applying naturalisation on October 6 2021
Must be physically present in UK on 7th Oct 2016 (not 2020) in this case.
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stegio80
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Travelling abroad after submitting naturalisation application/biometrics

Post by stegio80 » Sun May 09, 2021 11:31 pm

Hello,
I have a question.
If I travel abroad (single trip of minimum 2 weeks but maximum 4 weeks) after one of the following periods:
- Just after submitting my naturalisation application (but before biometrics/documents check appointment);
- After my appointment for biometrics/documents checks.
Would this trip abroad create any issue for a successful approval of my application?
If so, does that mean I should stay in the UK after submitting the application until its successful approval?

My trip abroad would not be listed in my application (list of overseas trips) because it would happen only after submitting it.
Thank you for anyone who can clarify this.

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CULLINAN
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Re: Travelling abroad after submitting naturalisation application/biometrics

Post by CULLINAN » Mon May 10, 2021 12:54 am

If I travel abroad (single trip of minimum 2 weeks but maximum 4 weeks) after one of the following periods:
- Just after submitting my naturalisation application (but before biometrics/documents check appointment);
- After my appointment for biometrics/documents checks.
Would this trip abroad create any issue for a successful approval of my application?
You are free to travel in both scenarios as stated above. However, note you have a biometrics deadline i.e. 45 working days (around 2 months) after online submission. Make sure you meet it.

You only become British when you attend the ceremony.

During corona delays, it can take around 6-9 months to reach the ceremony. You are free to travel on your ILR BRP before attending the ceremony. After ceremony, you must return your ILR BRP to HO within 5 days legally as it becomes invalid.
My trip abroad would not be listed in my application (list of overseas trips) because it would happen only after submitting it.
Date of application is the date you pay and submit online. You must meet all the AN requirements including residence requirements on that date. Biometrics date or thereafter it’s irrelevant if you travel or not as explained above.

Please keep all questions in your existing topic:

british-citizenship/letters-from-former ... 15548.html
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.

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CULLINAN
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Re: Travelling abroad after submitting naturalisation application/biometrics

Post by CULLINAN » Mon May 10, 2021 1:02 am

This is what happens when you do not keep all your questions in one thread, I just noticed you are an EU citizen!

Ignore the returning ILR BRP part as advised above.

You do not need to return your PRC (if you have one) after ceremony. You are still free to travel as suggested above. After ceremony i.e. after you become British, it is advised to get a British Passport before you travel as you would need that to enter UK (unless you have a passport that allows visa free access to UK).
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CR001
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Re: Travelling abroad after submitting naturalisation application/biometrics

Post by CR001 » Mon May 10, 2021 5:24 am

Topics merged!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
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