residential qualifying period for naturalisation

[ashleyransoo]

Hi all,

I was in a situation today where I had to hold off on sending my application at the NCS as they seem to have added clauses to the qualifying period.

The reason given was "You must have been physically present on the first day of the qualifying period..." the qualifying period calculated from the date of application submission (5 years backwards or 3 years backwards depending on the routes)

This was not clear to me when I first read the guide AN 2017.

Although this absence was fine when I declared it for ILR, it is not fine for naturalisation application.

Not sure where this has come from as it is quite pedantic to have a rule where you could qualify one day then go to not qualify for some time and back to qualify again, regardless of the number of days of absence in the country.

Thanks.
A.

[alterhase58]

Source of this requirement is the British Nationality Act-ILR is given under UK immigration regulations.
https://www.legislation.gov.uk/ukpga/1981/61/schedule/1

Quote: "(2)The requirements referred to in sub-paragraph (1)(a) of this paragraph are—
(a)that the applicant was in the United Kingdom at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and"

This is a legal requirement therefore mandatory.

NB. I believe Admin will close this thread as it was started many years ago.

[Casa]

Source of this requirement is the British Nationality Act-ILR is given under UK immigration regulations.
https://www.legislation.gov.uk/ukpga/1981/61/schedule/1

Quote: "(2)The requirements referred to in sub-paragraph (1)(a) of this paragraph are—
(a)that the applicant was in the United Kingdom at the beginning of the period of five years ending with the date of the application, and that the number of days on which he was absent from the United Kingdom in that period does not exceed 450; and"

This is a legal requirement therefore mandatory.

NB. I believe Admin will close this thread as it was started many years ago.

You will see from alterhase58's link above that this has been the rule for many years.

This topic has now been split into your own topic.

[CR001]

Hi all,

I was in a situation today where I had to hold off on sending my application at the NCS as they seem to have added clauses to the qualifying period.

The reason given was "You must have been physically present on the first day of the qualifying period..." the qualifying period calculated from the date of application submission (5 years backwards or 3 years backwards depending on the routes)

This was not clear to me when I first read the guide AN 2017.

Although this absence was fine when I declared it for ILR, it is not fine for naturalisation application.

Not sure where this has come from as it is quite pedantic to have a rule where you could qualify one day then go to not qualify for some time and back to qualify again, regardless of the number of days of absence in the country.

Thanks.
A.

You couldn't have read the AN guide very well. As already stated, this is a mandatory requirement and has been in place for many years. Best also not to confuse the requirement for ILR under the Immigration Rules with the requirements under the Citizenship Laws. They are separate and independent of each other.

Page 8, 2nd para of the guide clearly states :

https://www.gov.uk/government/uploads/s ... y_2017.pdf

You must also check that you were physically present in the UK 5 years (3 years if
you are married to or in civil partnership with a British citizen) before the date that the
application will be received by the Home Office or other receiving authority (see
“Where to send your application form” in this guide). If you do not meet this
requirement your application is unlikely to be successful, unless you were in the UK
armed forces at that time.
To satisfy the residence requirement you must not have been absent for more than
90 days in the last 12 months. And the total number of day’s absence for the whole 5
year period should not exceed 450. If you are married to, or in a civil partnership with
a British citizen, the total number of day’s absence for the whole 3 year period should
not exceed 270.

[abhijack]

Page 8, 2nd para of the guide clearly states :

https://www.gov.uk/government/uploads/s ... y_2017.pdf

You must also check that you were physically present in the UK 5 years (3 years if
you are married to or in civil partnership with a British citizen) before the date that the
application will be received by the Home Office or other receiving authority (see
“Where to send your application form” in this guide). If you do not meet this

Sorry if this has been asked before.

If I apply through NCS is this the date when I submit the application to NCS?
Or is it the date when HO receive it OR the date when they acknowledge it?

I was away on holiday for 3 weeks from 14 April 2013.
Hence I wanted to check whether I am ok to apply on 22 March!!

[CR001]

Page 8, 2nd para of the guide clearly states :

https://www.gov.uk/government/uploads/s ... y_2017.pdf

You must also check that you were physically present in the UK 5 years (3 years if
you are married to or in civil partnership with a British citizen) before the date that the
application will be received by the Home Office or other receiving authority (see
“Where to send your application form” in this guide). If you do not meet this

Sorry if this has been asked before.

If I apply through NCS is this the date when I submit the application to NCS?
Or is it the date when HO receive it OR the date when they acknowledge it?

I was away on holiday for 3 weeks from 14 April 2013.
Hence I wanted to check whether I am ok to apply on 22 March!!

It is the date of your NCS appointment.

[abhijack]

Many thanks @CR001 ..