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Not sure, because i personnally think that u could use the "7 sep - 11 dec dec" as an absence because she was physically present in the country since july 2004.first_sur wrote:Hi
Me and my wife came to UK in July 2004, Me and my wife got ILR 16 Sep 2009, as I understand now we will be eligible for citizenship after 16 Sep 2010. My question is that if I calculate the date (5 years before 16 Sep 2010) my wife was away from UK between 7 sep – 11 dec 2005.
Does that mean she is not eligible if we apply now as she was not present in UK during this period, So , we will only be able to apply after 11 dec 2010 if we want to apply jointly.
Also, if we are using NCS will they be able to guide me on this and do we require to submit our passport with them.
bitsoup wrote:Not sure, because i personnally think that u could use the "7 sep - 11 dec dec" as an absence because she was physically present in the country since july 2004.
No discretion allowed.When does the residential qualifying period start? wrote:The residential qualifying period is calculated from the day when we receive your application. Most unsuccessful applications fail because the applicant was not present in the UK at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we receive your application on 25 March 2010, you must show that you were in the UK on 26 March 2005.
I understand your argument. However let me put my case with proper dates and explain my logic ( needs your review anyways )Backer wrote:krishna186, What you posted is correct but not relevant.
There is no link between the requirment of being free for 12 months from immigration restrictions and the 5 year (or 3 year as a spouse) presence requirement.
As advised before there is no room for discretion over this.
see below:
Residential requirements
To demonstrate the residential requirements for naturalisation, you must have:
been resident in the UK for at least five years (this is known as the residential qualifying period); and
been present in the UK five years before the date of your application; and not spent more than 450 days outside the UK during the five-year period; and
not spent more than 90 days outside the UK in the last 12 months of the five-year period; and
not been in breach of the Immigration Rules at any stage during the five-year period.
Why do you think I might have a issue on the 5 business days one ? Say if I apply with a application date as 16th Aug 2011 , I need to be in UK from 16th Aug 2011 for 5 days ? what has this to do with 5 year rule ?Backer wrote: In addition, you are required to be in the country for at least 5 business days after the applictaion is submitted. In that case you might have a problem because there is no discretion with the 5 year rule.