freddiekeller wrote: ↑Mon Apr 13, 2020 6:29 pm
Incidentally: am I mistaken in my observation that being rejected on this basis is ludicrous since in the application form you must state your travel history, which should allow their system to remind you of this requirement automatically?
The web form is pretty much a like-for-like replacement for the paper form. Neither the paper form nor the web form alert you to this requirement because according to the Home Office, the onus is on the end-user filling in the form to have read through the Guide AN and Booklet AN and understood the requirements.
Zerubbabel wrote: ↑Mon Apr 13, 2020 7:16 pm
If you were away 5 years before you submitted your application, there are 2 options:
- They refuse and take the money. You will need to submit a new application and pay the fees again.
- They contact you and assist you in changing the date of your application so you don't lose your money.
It depends if they want to be nice or not.
I don't think that it depends on the mood of the caseworker
du jour 
. Pages 14-15 of the
Naturalisation as a British citizen policy guidance (which is used by caseworkers to assess the application) outlines the circumstances when the applicant can be asked to redeclare the application.
Where the applicant fails to meet the requirement to be in the UK at the start of the qualifying period by 2 months or less, either side of the application date, you must consider using discretion to allow them to re-declare their application. Where discretion is being exercised you must request that the applicant re-declares their application, by using Doc Gen letter 4746.
Where they fail to meet the requirement by more than 2 months, you must refuse the application. In these cases it will not be appropriate for a refund to be issued.
...
Where an application is re-declared, the original application date is superseded by the date on which the re-declaration is received by the Home Office. You must ensure that applicants are aware that they need to ensure that the new application date does not fall on a date that they would still not meet the qualifying period. If there has been a fee change between the original application date and the date that they submit their re-declaration they must pay the fee in force at the time of the redeclaration.
Note again that this is still at discretion. My understanding is that this is generally exercised if not meeting the five/three year physical presence requirement is the *only* matter preventing the grant of naturalisation AND it is obvious to the caseworker that changing the declaration date by up to two months would resolve the issue. I think (my opinion) that if there are multiple issues with the application, then the discretion is not exercised.
oxana777 wrote: ↑Sun Apr 12, 2020 6:58 pm
I have been looking through this thread and im confused a little bit. If the person applied on the 13th feb 2020, why does he need to be present in the uk on the 14th feb 2015? Shouldnt they be present on the 13th feb 2015? (Literally dont understand what 14th feb has to do with it?) im applying very soon and dont want to get refused, so if i apply on the 17th april, but i was on hol on the 18th april 2015 - i will get rejected?
The requirement is that you need to have been physically present in the UK
at the start of the five/three year period (depending on whether you are applying as the spouse of a british citizen) immediately preceding the date of application.
The precise rule is in Section 1(2)(a) of
Schedule 1 of the British Nationality Act 1981.
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
If you applied on 17th April 2020, the start of a one year period before that date would be 18th April 2019. Similarly, the start of the five year period before that date would be 18th April 2015.
If you know that you were absent on 18th April 2015, do not apply on 17th April 2020.
Indeed, I would expand on
@Djsuccess's timeframe. I would avoid applying in the same week where I know that five (or three as the case may be) years ago, I was physically absent from the UK.
Keep in mind that the Home Office has no discretion to disregard this requirement. They can ask you to redeclare your application (delaying it), but they can't ignore this requirement completely. If they requirement is not met, they
must reject your application (keeping the fees).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.
