When to apply!

[jason671]

Hi Guys
sorry if this has been answerd before
My PR was issued on 17 Apr 2013 and i was wondering if i can book an appointment with my local council's NCS
they have a slot available for the 17th April 2014,should i take it or do i have to wait + 1 day to apply i.e 18th april?(in this year easter holidays so earliest would be 22nd)

please advise how shall i go on about this

much appreciated
regards
jason

[CR001]

The application date is the date+1 day that the HO receives the application, not NCS, so 17th April should be ok, unless you want to play it safe and apply the following week.

Make sure that you were physically present in the UK exactly 5 years to the day in 2009 (or 3 years if married to a BC)

[krisbal]

Hello

Is it true that one can apply for citizenship 28 days in advance before you become eligible?
My ILR was granted on 19th Aug 2013. Can I apply in July around 24th or 25th?

Thanks
Balaji

[Casa]

No. The 28 day rule doesn't apply to British Citizenship.

[krisbal]

Thanks Casa.

[krisbal]

I have doubt related to this reply posted by CR001 "Make sure that you were physically present in the UK exactly 5 years to the day in 2009 (or 3 years if married to a BC)" .
What exactly does this mean

Given an example below

1) EC was granted on Sep 10, 2008
2) Entered UK on Oct 31, 2008
3) ILR granted on 19th Aug, 2013


In the above example, am I not eligible to apply for BC on 19th Aug 2014.

Should I interpret the meaning of the above reply by CR001 as 365 * 5 = 1825 days is what makes one eligible to apply for BC.

Its quite obvious that some people might not have stayed for exact 5 years as in some absence is allowed. Also since ILR is given after 5 years , eligibility for BC is 1 year after ILR so automatically one would have completed 6 years.

Regards
B

[CR001]

Citizenship residence criteria is 5 years counting backwards from the date HO receives the application, which is made up of 1 year on ILR and 4 years on visa (unless married to a BC), so technically yes, 6 years in total.

If you qualify for citizenship on 19th August 2014, you need to make sure that you were physically in the UK on 19 August 2009 and on the same day the HO receives your form, as that is the period used to calculate 5 years residence. Of course absences are allowed within the allowance limits, but for naturalisation applications, the rule to be present at the start of the 5 year qualifying period is a non negotiable one.

So if HO receives your application on 21 August 2014, but on 21 August 2009 you were out of the country on holiday, you were not physically present and your application will likely be refused.

[Amber]

Slight correction CR001 it's actually the day after the corresponding application date:

The start of the qualifying period of 5(3) years is the day after the
corresponding application date. Thus, for example, if the application
date is 5 January the 5(3) year qualifying period starts on 6 January.

[CR001]

Got it thanks Amber

[krisbal]

Hi Cr001,

Thank you for your quick response. From 19th Aug 2009 to 19th Aug 2014, how many days absence is allowed. Because being in UK physically is not possible as you would obviously make trips outside UK. This was also the case when applying for ILR.

Regards
Balaji

[CR001]

90 absence in the 12 monthly before applying for citizenship.

I think you are misunderstanding the 'physically present' requirement, it is 1 or 2 days at the start of the period in 2009.

It is not that you need to be physically present for the whole qualifying period, only at the start of the 5 year qualifying period. So if HO receives your application on 20th August 2014, you should have been present in the UK on 21 August 2009, but could have been on holiday on the 25th August 2009, for example.

[Mind_The_Gap]

Hi Amber / Casa / CR001,

If my dates are:

Entry Clearance Stamp: 01/05/09 (out of country)
Entered UK: 01/06/09
ILR approval: 04/04/14

Am I correct in assuming I can apply for naturalisation on 04/04/14 + 1 year 1 day = 05/04/15 ?

Thank you

Mind The Gap

[Amber]

04/04/15 if you were physically present in the UK on 05/04/10 and meet the other standard requirements, assuming you're not the spouse or civil partner of a British citizen.

[Mind_The_Gap]

04/04/15 if you were physically present in the UK on 05/04/10 and meet the other standard requirements, assuming you're not the spouse or civil partner of a British citizen.

Thank you Amber !