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How to calculate 12 months period - "Free from immigration time restrictions for 12 months before applying"

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

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trelopaida
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Joined: Sun Oct 25, 2020 7:56 pm
United Kingdom

How to calculate 12 months period - "Free from immigration time restrictions for 12 months before applying"

Post by trelopaida » Wed May 04, 2022 11:55 pm

Hi all,
Sounds like a stupid question but unable to find a clear answer. I would appreciate any reference to official guidelines.

I am planning to apply for citizenship through the EU Settlement Scheme. As stated on https://www.gov.uk/british-citizenship
"To apply for citizenship with settled status you must usually have lived in the UK for 12 months after getting it."

I am unable to find any clarification on the calculation of this "12 months" period - could you please help clarify?

For example, say that I have received a letter from the Home Office dated 02 July 2021 that I have been granted a settled status (EUSS) which "takes effect from the date of this letter".

Does this mean that the earliest I can apply for citizenship (obviously if all other requirements are met) is 02 July 2022 ?

Thanks
P.S. Is there any email to contact the HO? I have tried nationalityenquiries@homeoffice.gov.uk
but without luck

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alterhase58
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Posts: 8068
Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: How to calculate 12 months period - "Free from immigration time restrictions for 12 months before applying"

Post by alterhase58 » Thu May 05, 2022 7:27 am

I know applicants get worried about this and my take on this is to just apply a few days later say 10 July rather than 2 July, best to leave yourself time to get the application right. There is nothing gained by applying on the exact date, or anything lost applying later. However, I would say, apply from 3 July onwards. Contacting UKVI on anything specific is a lottery!
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

trelopaida
Newly Registered
Posts: 8
Joined: Sun Oct 25, 2020 7:56 pm
United Kingdom

Re: How to calculate 12 months period - "Free from immigration time restrictions for 12 months before applying"

Post by trelopaida » Thu May 05, 2022 12:53 pm

trelopaida wrote:
Wed May 04, 2022 11:55 pm
Hi all,
Sounds like a stupid question but unable to find a clear answer. I would appreciate any reference to official guidelines.

I am planning to apply for citizenship through the EU Settlement Scheme. As stated on https://www.gov.uk/british-citizenship
"To apply for citizenship with settled status you must usually have lived in the UK for 12 months after getting it."

I am unable to find any clarification on the calculation of this "12 months" period - could you please help clarify?

For example, say that I have received a letter from the Home Office dated 02 July 2021 that I have been granted a settled status (EUSS) which "takes effect from the date of this letter".

Does this mean that the earliest I can apply for citizenship (obviously if all other requirements are met) is 02 July 2022 ?

Thanks
P.S. Is there any email to contact the HO? I have tried nationalityenquiries@homeoffice.gov.uk
but without luck
Thanks. I do agree - applying a bit later to be on the safe side is best. In my case, I had been abroad for almost 2 months during the summer 5 years ago, so it is either that single day or I' ll have to wait for 2 months!

Now the guidelines provide an example for the residence requirements
"For example, if your application is received on 05/05/2021, you should have been physically present in the UK on 06/05/2018."
There is no example though for the 12-months rule, which applies to those having an ILR - almost everyone I would say (unless married to a citizen etc.). I am surprised that there is no clear answer to the calculation of the 12 month period . I have spend hours in this forum and online searching for the answer.

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alterhase58
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Posts: 8068
Joined: Fri Aug 26, 2016 12:02 am
Location: UK Bucks
Germany

Re: How to calculate 12 months period - "Free from immigration time restrictions for 12 months before applying"

Post by alterhase58 » Thu May 05, 2022 1:41 pm

Now the guidelines provide an example for the residence requirements
"For example, if your application is received on 05/05/2021, you should have been physically present in the UK on 06/05/2018."
There is no example though for the 12-months rule, which applies to those having an ILR - almost everyone I would say (unless married to a citizen etc.). I am surprised that there is no clear answer to the calculation of the 12 month period . I have spend hours in this forum and online searching for the answer.
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The five year rule is quite important as it's a fixed legal requirement laid down in the British Nationality Act which governs naturalisation. Applicants have been refused on this point, or their application delayed as this seems to be easily overlooked. The 12 month rule is also a legal requirement but in my view is very simple and very few applicants get refused on this.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

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