Wrong calculation of 5 years ago on this date

[unknown10111]

Hi - I applied for naturalisation via the ILR 5 year route. Got an email 2 weeks ago from Atlas Home Office stating that I was not in the country 5 years ago from my date of application and if I gave consent they would proceed with my app but using that day’s date as the new application date.

The caseworkers calculation of the date is wrong, I was in the country exactly 5 years prior to the app date - I’ve replied to the email and copied in the nationality enquiries + further nationality enquiries emails. I haven’t heard back on anything, does anyone have any further contact details or suggestions on what to do? It’s not fair for my app to be delayed based on incorrect details, presumably it has already been read and should have been approved if it wasn’t for this issue. Please could someone help, I would really appreciate it. Thanks.

[manci]

I applied for naturalisation via the ILR 5 year route. Got an email 2 weeks ago from Atlas Home Office stating that I was not in the country 5 years ago from my date of application and if I gave consent they would proceed with my app but using that day’s date as the new application date.

The caseworkers calculation of the date is wrong, I was in the country exactly 5 years prior to the app date - I’ve replied to the email

Atlas Home Office - what email address did the email you received come from and what email address did you reply to?
see also this post:
indefinite-leave-to-remain/atlas-team-c ... 15755.html

[secret.simon]

The "exactly five years before the date of application" is not strictly speaking correct. See this post from yesterday and this thread to understand how it is actually calculated.

If, for instance, you were to apply today, you would need to have been physically present in the UK on 11th March 2018, not 10th March 2018.

If you are being asked to redeclare the application, you should take up that opportunity. The absence from the UK "at the start of the five year period immediatly preceding the date of application" (can you see why we just say "exactly five years before the date of application"?) is a mandatory requirement that the Home Office can't ignore and such an application must be refused.

So, if the caseworker is giving you a chance to redeclare the application to another date, check that you do meet the requirements (absences, physical presence as above, etc) on that date and redeclare the application.

[unknown10111]

The "exactly five years before the date of application" is not strictly speaking correct. See this post from yesterday and this thread to understand how it is actually calculated.

If, for instance, you were to apply today, you would need to have been physically present in the UK on 11th March 2018, not 10th March 2018.

If you are being asked to redeclare the application, you should take up that opportunity. The absence from the UK "at the start of the five year period immediatly preceding the date of application" (can you see why we just say "exactly five years before the date of application"?) is a mandatory requirement that the Home Office can't ignore and such an application must be refused.

So, if the caseworker is giving you a chance to redeclare the application to another date, check that you do meet the requirements (absences, physical presence as above, etc) on that date and redeclare the application.

Thanks for your response. I’ve checked those threads as well as the guidance on the gov.uk website - and it all states that you need to go back 5 years from the date of application and then add one day. (I believe the gov website uses the example of: if you submit your app on 05/05/2021 you should have been in the UK on 06/05/2018, ie 5 years + 1 day)

The response I received did the calc the other way around and stipulated that I should have been in the UK 5 years - 1 day before (ie on 04/05/2018 using the previous example). I was in the country exactly 5 years ago, giving me a buffer of a day according to the link you posted and the official website guidance. This is why I think they’ve calculated wrong - what should I do in this case? I’ve already responded sharing a screenshot of the official guidance and explaining the above, but I don’t know if they will actually respond to me.