Was I absent 5 years before HO received my application?

[dreemo]

I applied for naturalization through NCS in March. The NCS person submitted my docs as usual, but I've just realized that I was out of the UK for part of the day five years before the day it was received by the Home Office. I left the UK in the morning that day in 2011 and arrived back to the UK in the evening. My passport clearly shows an exit and entry stamp for that day on the first page. I did not write that trip in section 2.2 of the application because my understanding was that a same day return it didn't count as an absence. Additionally I believe that the guidance is that partial day absences are not counted (ex. 50(10)(b) of BNA 1981). My application status is that they've taken my money and I've done the biometrics with no additional news yet.

My questions are:

-Is the Home Office likely to reject my application because they think I was out of the UK five years before the day it was received?
-Are the arguments above correct?
-What can I do to minimize the chance that they will reject it?

Cheers

[geriatrix]

I left the UK in the morning that day in 2011 and arrived back to the UK in the evening.

So you were not absent.

[dreemo]

Great - so I believe you are saying that technically my application should not be rejected on those grounds?

I'm a bit concerned that whoever processes it at the Home Office will just see the exit stamp for that day and reject my application.

Is that a reasonable fear? If so, what can I do about it?

Thanks again

[geriatrix]

Read 2.2.

[CR001]

Also to add to geriatrix's advice, the date of application in your case is the date you submitted your application at NCS.

[dreemo]

Hi CR001,

The NCS person said the date of application isn't the date I submitted my application at NCS - it's the date that HO receives the package from NCS. He actually delayed sending it to HO for a week because I was really out of the UK on the day five years before the date I went to NCS. He sent me the package delivery to confirm the new date.

Do you think I need to contact HO to make sure they don't mistakenly assume I was out of the UK for a full day?

Would be terrible to get rejected and have to appeal to clarify.

Thanks

[CR001]

You were advised incorrectly by NCS. Please see page 18, second paragraph from top, of the AN guide dated December 2015 which clearly states date of application as NCS appointment date.

https://www.gov.uk/government/uploads/s ... hanges.pdf

[dreemo]

Thanks CR001! Was able to figure out the correct data based on your advice and appears I'm fine (fingers crossed). Cheers

[noajthan]

Thanks CR001! Was able to figure out the correct data based on your advice and appears I'm fine (fingers crossed). Cheers

Were you in UK 5 years prior to day of NCS appointment ? that is crux of matter.