Qualifying Period

[n_dinesh]

Hello Experts

I had completed 1 year ILR period as of 3rd August 2011 ( 5 years WP + 1 year ILR). I have been in UK since May 2005

I had my appointment with NCS center yesterday

The NCS advisor pointed out an issue with regard to my total qualification period of 5 years. He mentioned that the home office calculates 5 years from the date they recieve the application.

Accordingly, assuming that my application would reach home office on 3rd Sept 2011, they would validate if I was in UK as on 3rd Sept 2006

I was away from UK for holidays from 3rd Sept 2006 to 21 Sept 2006.The NCS advisor said this would cause an issue with my application and I should take a new appointment with NCS on or after 21st Sept 2011.

I would appreciate if experts could confirm if the information provided to me was correct and had my application reached HO between 3rd Sept 2011 and 21st Sept 2011, it could have caused an issue with my naturalisation application. Thanks

Regards
Dins

[Lucapooka]

The person you spoke with is correct.

When does the residential qualifying period start?
The residential qualifying period is calculated from the day when we receive your application. Most unsuccessful applications fail because the applicant was not present in the UK at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we receive your application on 25 March 2010, you must show that you were in the UK on 26 March 2005

http://www.ukba.homeoffice.gov.uk/briti ... uirements/

[1664]

What the NCS guy told you is valid.

- why don't you send it via post next day delivery..

[Nazia88]

Hello Experts

I had completed 1 year ILR period as of 3rd August 2011 ( 5 years WP + 1 year ILR). I have been in UK since May 2005

I had my appointment with NCS center yesterday

The NCS advisor pointed out an issue with regard to my total qualification period of 5 years. He mentioned that the home office calculates 5 years from the date they recieve the application.

Accordingly, assuming that my application would reach home office on 3rd Sept 2011, they would validate if I was in UK as on 3rd Sept 2006

I was away from UK for holidays from 3rd Sept 2006 to 21 Sept 2006.The NCS advisor said this would cause an issue with my application and I should take a new appointment with NCS on or after 21st Sept 2011.

I would appreciate if experts could confirm if the information provided to me was correct and had my application reached HO between 3rd Sept 2011 and 21st Sept 2011, it could have caused an issue with my naturalisation application. Thanks

Regards
Dins

yes you have make another appointment on 21sep or onward because you have to show that you were physically present at the start of the Qualifying period.

[John]

Accordingly, assuming that my application would reach home office on 3rd Sept 2011, they would validate if I was in UK as on 3rd Sept 2006

Well not quite! 3rd September is a Saturday, so if posted say tomorrow it would arrive on Monday 5th September. And if it arrives that date your 5-year qualifying period will be from 06.09.06 to 05.09.11, and because you were outside the UK on 06.09.06, the application would be bound to fail!

Do appreciate that UKBA have no discretion about this particular rule, it is either passed or failed, on the facts.

You have another NCS appointment on 23rd. That is a Friday, and if they post the application to UKBA in Liverpool that day it will arrive on Monday 26th. Therefore your 5-year qualifying period will be from 27.09.06 to 26.09.11, and as you were physically in the UK on 27.09.06, that particular test will be passed.