Qualifying Period - Applied 5 days early

[aizazali]

Hello kind members,

I received this email from HO-today notifying me about the qualifying time at the start of the 5 years where I have submitted the application 5 days before the completion of 5 years, without them proposing an option to move forward with.

Your application was received in the Home Office on 24 September 2021. You must therefore have been in the United Kingdom on 25 September 2016.

According to your application form, you left the United Kingdom on 06 July 2016 and returned on 30 September 2016.
As you were not in the United Kingdom until on 25 September 2016, this requirement is not met.

If you wish to proceed with the application, please respond to this email by 22 December 2021.

Currently, it seems like, if I move forward I will get a refusal and if I say no I still get a refund and lose the fee either way.

I checked the guidance and it states about discretion, but I have strong feeling my interpretation of this is terribly flawd.

Legally in the UK at the start of the qualifying period
To identify the start of the qualifying period you use the day after the application date minus the length of the qualifying period. For example in an application under section 6(1) made on 1 March 2016, the applicant must have been legally in the UK on 2 March 2011.
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.

Please suggest, the next course of action.

[dexmo]

Hello kind members,

I received this email from HO-today notifying me about the qualifying time at the start of the 5 years where I have submitted the application 5 days before the completion of 5 years, without them proposing an option to move forward with.

Your application was received in the Home Office on 24 September 2021. You must therefore have been in the United Kingdom on 25 September 2016.

According to your application form, you left the United Kingdom on 06 July 2016 and returned on 30 September 2016.
As you were not in the United Kingdom until on 25 September 2016, this requirement is not met.

If you wish to proceed with the application, please respond to this email by 22 December 2021.

Currently, it seems like, if I move forward I will get a refusal and if I say no I still get a refund and lose the fee either way.

I checked the guidance and it states about discretion, but I have strong feeling my interpretation of this is terribly flawd.

Legally in the UK at the start of the qualifying period
To identify the start of the qualifying period you use the day after the application date minus the length of the qualifying period. For example in an application under section 6(1) made on 1 March 2016, the applicant must have been legally in the UK on 2 March 2011.
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.

Please suggest, the next course of action.

They're asking you to re-declare the date of your application - you must have been physically present in the UK at the start of your qualifying 5 years, this requirement can't be waived. Any reason you can't re-declare it to 30 Sept 2016 when you were physically present in the UK? Reply to their email with the new date and you're done!

[aizazali]

Any reason you can't re-declare it to 30 Sept 2016 when you were physically present in the UK?

Thank you for your kind reply, I honestly do not see any inquiry in the email. Can you please share hoo did you come to the conclusion that they are asking for declaration?

[craw19]

If you read this forum, you will see many people in a similar situation. It would appear that the HO is now giving people the opportunity to have their applications reconsidered from a date that guarantees they meet the criteria of physically being in the UK 3 or 5 years previously.

Plus, what have you got to lose? If you don't reply you've lost ~£1400 so it has to be worth it.

[dexmo]

Any reason you can't re-declare it to 30 Sept 2016 when you were physically present in the UK?

Thank you for your kind reply, I honestly do not see any inquiry in the email. Can you please share hoo did you come to the conclusion that they are asking for declaration?

As pointed out by craw19, if you don't email them back with the new date your application will be refused!

[vinny]

Request discretion to allow you to re-declare.

[aizazali]

Request discretion to allow you to re-declare.

Thank you vinny and everyone else who responded.

I'll request them to allow me to re-declare.