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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Naturalisation Residency Requirement

Resolved Question:

I have obtained the Indefinite leave to remain. I am due to start the naturalisation process. The trouble is that I have lost the list of all the dates I left the UK in the last 6 years since completing the indefinite leave to remain. Will it be a problem if I submit similar but different exit dates (from my previous ILR form) on my naturalisation form? Will the caseworker review my naturalisation form and crosscheck it with my already-successful indefinite leave to remain form?

Submitted: 3 years ago.
Category: Immigration Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

As long as you put in approximate dates on your naturalisation form and explain that these are approximate dates as you have lost records of the exact dates, you should be fine.

The Home Office will have records of what you stated in your indefinite leave to remain application in their system but as long as you explain that what you have given are approximate dates, you should not have a problem.

Can I help further?
Customer: replied 3 years ago.

Would it impact my application negatively? Is it likely for them to reject me based on my inability to give them the same dates I submitted in my ILR?

If this could negatively impact my naturalisation, I guess I can simply wait a few years so that the disputed dates goes beyond the 5 years residency checks. Would that be a valid and sensible option?

Expert:  UKSolicitorJA replied 3 years ago.
I have a solution for you, you may make a subject access request to the Home Office and ask for a copy of your ILR application to be disclosed to you, you may then see what dates you put in and insert them in your naturalisation form.

See here how to make a subject access request:

https://www.gov.uk/government/publications/requests-for-personal-data-uk-visas-and-immigration

All the best. Please remember to rate the service.
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Customer: replied 3 years ago.

Thank you, XXXXX XXXXX That is very helpful. Just one last question, in the subject access request. Will they just send me a copy or the actual SET(O) I submitted?

I am guessing the subject access won't affect my ILR or my application for Naturalisation.

Expert:  UKSolicitorJA replied 3 years ago.
A copy and no, it will not affect your applications for ILR or naturalisation.

Good luck