3 year physical presence requirement

[lifeisworthy]

Unfortunately, I made the mistake when I filled in an application form for naturalisation. The exact date 3 years ago (I'm married to a British citizen, hence the 3-year requirement, not 5), I was away from the UK visiting a family abroad. I paid for my application online and after its submission and booking the appointment for biometric data appointment in Croydon, I realised I made this horrible mistake.

I called the helpline mentioned on the UK Visas & Immigration website and they told me about the probability that the caseworker will be kind enough to let me re-date the application if they notice the 3-day discrepancy in my physical presence dates, but it's not for sure. So it's a waiting game now. But as I didn't want to lose the money, I asked him the following: if I don't turn up for the appointment in November in Croydon for my biometric data submission and don't submit my documents and fingerprints when my appointment comes, will I get the fee back? He said that my application then will be deemed invalid and I'll get it back marked as invalid and the home office will return my fee minus 25 administration charge. I asked if I can apply again, he said 'yes'.

Question: has anyone done anything similar and had a positive result, meaning the fee was returned and you successfully re-applied for naturalisation?

Thanks in advance.

[Zerubbabel]

This is a frequent mistakes. But usually the Home Office sends you a letter with an option to re-declare your application. This effectively moves the application date.

If this is the only issue with your application, that's most likely what would happen.

Here is a typical case:

british-citizenship/residence-requireme ... 90936.html

[lifeisworthy]

Thanks. I think it's really the only issue with my application. Nothing else in there seems wrong. I've previously filled all my online applications for ILR, and multiple visas and never made a mistake like that. I really hope they send me the re-dating letter. But I'm a bit nervous, as it can easily happen after my appointment date. My question is in case I don't hear from them, shall I wait for the appointment and attend it or not go and get my money back due to the application being invalid? Don't want to lose 1300 pounds, really.

[Zerubbabel]

Thanks. I think it's really the only issue with my application. Nothing else in there seems wrong. I've previously filled all my online applications for ILR, and multiple visas and never made a mistake like that. I really hope they send me the re-dating letter. But I'm a bit nervous, as it can easily happen after my appointment date. My question is in case I don't hear from them, shall I wait for the appointment and attend it or not go and get my money back due to the application being invalid? Don't want to lose 1300 pounds, really.

Legally speaking, if they apply the rules by the letter, they are entitled to pocket the money and send you a refusal. However, usually they don't do it.

Still, if you don't hear from them, you can skip the biometrics and wait for the application to drop and the refund. You can then re-apply.

It happened to me too. At the time, there was an NCS service and it was the first thing they checked. The guy went straight to the page with my travels and looked back 5 years then told me I need to wait a week because I was in the US exactly 5 years before that date. These mistakes happen

[aman90]

Thanks. I think it's really the only issue with my application. Nothing else in there seems wrong. I've previously filled all my online applications for ILR, and multiple visas and never made a mistake like that. I really hope they send me the re-dating letter. But I'm a bit nervous, as it can easily happen after my appointment date. My question is in case I don't hear from them, shall I wait for the appointment and attend it or not go and get my money back due to the application being invalid? Don't want to lose 1300 pounds, really.

If you’ve not yet gone for ur biometrics.. you could write a re date letter and upload it.
Sometimes people apply early but the guidance states that discretion can be granted if the applicant has reached qualifying period on date of decision.

[lifeisworthy]

I will try and write this letter and upload it then and see what happens, it won't harm anyway. Thanks

[lifeisworthy]

Thanks. I think it's really the only issue with my application. Nothing else in there seems wrong. I've previously filled all my online applications for ILR, and multiple visas and never made a mistake like that. I really hope they send me the re-dating letter. But I'm a bit nervous, as it can easily happen after my appointment date. My question is in case I don't hear from them, shall I wait for the appointment and attend it or not go and get my money back due to the application being invalid? Don't want to lose 1300 pounds, really.

Legally speaking, if they apply the rules by the letter, they are entitled to pocket the money and send you a refusal. However, usually they don't do it.

Still, if you don't hear from them, you can skip the biometrics and wait for the application to drop and the refund. You can then re-apply.

It happened to me too. At the time, there was an NCS service and it was the first thing they checked. The guy went straight to the page with my travels and looked back 5 years then told me I need to wait a week because I was in the US exactly 5 years before that date. These mistakes happen

The worst-case scenario, I guess, I just miss the appointment and wait for the refund (not sure how long it will take though). Thanks for your advice, it made me feel a bit better.

[aman90]

I will try and write this letter and upload it then and see what happens, it won't harm anyway. Thanks

Or you can withdraw and reapply without misery. And yes the fees are refunded

[guoxiaoran]

Hi,
I have made exactly the same mistake, after about 3 weeks after I sent my application, HO sent me an email asked me if I want to re-declare the application date, HO has a decision under discretion process so they will ask you if you would like to set a new application date, and they only refuse you if you don't want to re-declare or don't reply.

[lifeisworthy]

Thanks a lot for your reply. It gives me hope. Still waiting for them to get back to me