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UK citizenship application eligibility dates clarification

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

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shuaibkhan
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UK citizenship application eligibility dates clarification

Post by shuaibkhan » Sat Jan 29, 2022 11:28 pm

Hi,

I was issued my ILR last year and the issue date on the ILR says: 19-10-2021.

I will be eligible for citizenship after 12 months of holding the ILR. My question is, on which exact date can I submit application for citizenship. Can I do it on 19-10-2022 or should it be 20-10-2022.

Second part of my question is that I had departed UK 5 years ago on 21-10-2017 for a two weeks trip abroad. As I am required to be present physically in the UK 5 years before home office receives my application for citizenship, depending on whether I am eligible to apply on the 19/Oct vs 20/Oct, do you think it will cause a problem?

Also, when does home office receives the application? When I submit the AN form, or when my biometrics are collected?

Thank you so much.

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mesn
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Re: UK citizenship application eligibility dates clarification

Post by mesn » Sun Jan 30, 2022 10:47 am

20Oct to be perfectly safe. Also 21Oct would work if you left UK on that date.

Application date is the day you submit and pay, irrespective of bio.
T2G 2015, T2 Switch 2018, ILR 2020, BC 2021, British Passport 2022, OCI 2022

secret.simon
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Re: UK citizenship application eligibility dates clarification

Post by secret.simon » Sun Jan 30, 2022 1:21 pm

shuaibkhan wrote:
Sat Jan 29, 2022 11:28 pm
I had departed UK 5 years ago on 21-10-2017 for a two weeks trip abroad.
I would suggest applying on the 5th anniversary of when you returned.

Keep in mind that the "physically present at the start of the five year period" is a mandatory requirement that the Home Office have no discretion to disregard. So if you apply too early, what will happen is that the Home Office will have to officially send you a letter or email asking you to recertify another date when you do meet those requirements.

So, while you will likely get your citizenship, there will be a delay while the Home Office processes the recertification anyway.

Better to apply at the fifth anniversary of the the return when you will have both requirements unequivocally.
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.

shuaibkhan
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Re: UK citizenship application eligibility dates clarification

Post by shuaibkhan » Sun Jan 30, 2022 1:43 pm

secret.simon wrote:
Sun Jan 30, 2022 1:21 pm
I would suggest applying on the 5th anniversary of when you returned.

Keep in mind that the "physically present at the start of the five year period" is a mandatory requirement that the Home Office have no discretion to disregard. So if you apply too early, what will happen is that the Home Office will have to officially send you a letter or email asking you to recertify another date when you do meet those requirements.

So, while you will likely get your citizenship, there will be a delay while the Home Office processes the recertification anyway.

Better to apply at the fifth anniversary of the the return when you will have both requirements unequivocally.
Thanks for the reply.

Why do you think any of that will happen, if technically I will have completed 12 months on my ILR by 19/20th of Oct, and 21st Oct counts as being present in UK given I departed on that day?

shuaibkhan
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Re: UK citizenship application eligibility dates clarification

Post by shuaibkhan » Sun Jan 30, 2022 1:45 pm

mesn wrote:
Sun Jan 30, 2022 10:47 am
20Oct to be perfectly safe. Also 21Oct would work if you left UK on that date.

Application date is the day you submit and pay, irrespective of bio.
Thank you. That answers most of my questions. The only part I am still not clear on is why you think 19th Oct isn't a safe date to apply? If ILR issue date is 19th Oct 2021, shouldn't 12 months complete on end of day 18th Oct 2022?

britalian89
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Re: UK citizenship application eligibility dates clarification

Post by britalian89 » Sun Jan 30, 2022 2:34 pm

shuaibkhan wrote:
Sat Jan 29, 2022 11:28 pm
Hi,

I was issued my ILR last year and the issue date on the ILR says: 19-10-2021.

I will be eligible for citizenship after 12 months of holding the ILR. My question is, on which exact date can I submit application for citizenship. Can I do it on 19-10-2022 or should it be 20-10-2022.

Second part of my question is that I had departed UK 5 years ago on 21-10-2017 for a two weeks trip abroad. As I am required to be present physically in the UK 5 years before home office receives my application for citizenship, depending on whether I am eligible to apply on the 19/Oct vs 20/Oct, do you think it will cause a problem?

Also, when does home office receives the application? When I submit the AN form, or when my biometrics are collected?

Thank you so much.

Technically you can apply exactly 12 months after you receive your ILR. I applied exactly the same date 12 months after my ILR.

But you need to be present in the country 5 years before. The guidance gives a clear example, which in your case translates into application date 20/10/22 -> in-country presence 21/10/17.

britalian89
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Re: UK citizenship application eligibility dates clarification

Post by britalian89 » Sun Jan 30, 2022 2:35 pm

britalian89 wrote:
Sun Jan 30, 2022 2:34 pm
shuaibkhan wrote:
Sat Jan 29, 2022 11:28 pm
Hi,

I was issued my ILR last year and the issue date on the ILR says: 19-10-2021.

I will be eligible for citizenship after 12 months of holding the ILR. My question is, on which exact date can I submit application for citizenship. Can I do it on 19-10-2022 or should it be 20-10-2022.

Second part of my question is that I had departed UK 5 years ago on 21-10-2017 for a two weeks trip abroad. As I am required to be present physically in the UK 5 years before home office receives my application for citizenship, depending on whether I am eligible to apply on the 19/Oct vs 20/Oct, do you think it will cause a problem?

Also, when does home office receives the application? When I submit the AN form, or when my biometrics are collected?

Thank you so much.

Technically you can apply exactly 12 months after you receive your ILR. I applied exactly the same date 12 months after my ILR.

But you need to be present in the country 5 years before. The guidance gives a clear example, which in your case translates into application date 20/10/22 -> in-country presence 21/10/17.

But again, if you leave the 21/10/17 that doesn’t count as an absence day as the UK counts the day or departure or arrival as a day you’re present in the country.

shuaibkhan
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Re: UK citizenship application eligibility dates clarification

Post by shuaibkhan » Sun Jan 30, 2022 2:45 pm

britalian89 wrote:
Sun Jan 30, 2022 2:34 pm

Technically you can apply exactly 12 months after you receive your ILR. I applied exactly the same date 12 months after my ILR.
Exactly same date in my case will be 19th oct 2022? As the issue date on my ilr is 19th oct 2021. Or will it be 20th oct?

britalian89
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Re: UK citizenship application eligibility dates clarification

Post by britalian89 » Sun Jan 30, 2022 2:58 pm

Sorry too many numbers 😂

If ILR was issued on 19/10/21, I’d apply on 19/10/22 making sure I was in the country 20/10/17. If you departed on 20/10/17 the UK considers the departure date as a date of presence in the UK (check list of absences topics and how you count them) so shouldn’t be an issue.

shuaibkhan
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Re: UK citizenship application eligibility dates clarification

Post by shuaibkhan » Sun Jan 30, 2022 3:47 pm

britalian89 wrote:
Sun Jan 30, 2022 2:58 pm
Sorry too many numbers 😂

If ILR was issued on 19/10/21, I’d apply on 19/10/22 making sure I was in the country 20/10/17. If you departed on 20/10/17 the UK considers the departure date as a date of presence in the UK (check list of absences topics and how you count them) so shouldn’t be an issue.
Thank you. That is helpful.

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