Naturalisation Application Refused

[bushra]

My naturalisation application refused with the reason " a person applying under this section is expected to have been in the UK on the actual date 5 years before making the application and you were not in the UK first day of the 5 year qualifying period"

Actually I first entered in UK 09/05/2007 to date of application(01/06/2013)= 6 years and I was absent 04/02/2008 - 04/11/08 = 274 days only.

Please advice me in this situation can I reconsider my application and what is the success ratio.

[facts]

Bushra they are not complaining about too long absence.
They are simply saying:
01/06/2013 - 5 years = 01/06/2008
Unfortunately, you were not "actually" in the UK on 01/06/2008 which is start of your qualifying period.
It doesn't matter whether you first entered UK in 2007 or 1907, this is irrelevant.

I would suggest reconsider applying on 04/11/2013
But again double check eligibility next time round.

I'm sorry what happened, I can imagine how you feel. My sympathies are with you and best of luck next time.

[Amber]

My naturalisation application refused with the reason " a person applying under this section is expected to have been in the UK on the actual date 5 years before making the application and you were not in the UK first day of the 5 year qualifying period"

Actually I first entered in UK 09/05/2007 to date of application(01/06/2013)= 6 years and I was absent 04/02/2008 - 04/11/08 = 274 days only.

Please advice me in this situation can I reconsider my application and what is the success ratio.

Are you the spouse or civil partner of a British Citizen?

[John]

bushra, unless you are indeed the spouse or civil partner of a British Citizen you have fallen foul of a very basic rule, one that has been mentioned many times on this Board.

Further, as regards this particular rule, UKBA have no discretion, the legislation is clear on that point.

Simply the applicant must be physically in the UK at the start of their qualifying period. Such period ends with the date the application arrives at UKBA in Liverpool. It normally starts 5 years earlier, unless the applicant is married to, or in civil partnership with, a British Citizen, when it starts 3 years earlier.

[boloney]

I had the same issue with my app. I was away Dec 2007 until end of Jan 2008 and I was applying in 2013 so had to wait till Feb 2013, otherwise it will be refused even I was in the UK since 2004.

[neoseal]

I feel this is very unjust rule, delaying as many naturalisation appl as they can. However if you applied thru NCS, they should have checked this out. We applied last week and my son was not present 5 years before the date of application, however NCS confirmed that application on MN1 does not require them to be present exactly 5 years from date of application. Just wait and reapply or if you are near to the 5 year date, then you seek advise on appeal, can someone else confirm this .

[Amber]

If you had used theNationality Checking Service (click) this would unlikely have happened.