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No, it does not refer to the 'last year of absence' and your question is not relevant. The only requirement to be met for the 12 months immediately prior to apply is the maximum absence limit of 90 days.Whether last year absence from UK in same exact dates would affect??
Thanks. This means that the submission date is totally out of my control! i.e. theoretically royal mail can make a mistake and "forget" to send the application for a few days, only to be received too late at the home office without me knowing about it. Doesn't make much sense to me!CR001 wrote:Form AN clearly states that the date of application is the date that HO receives the application. You should wait till end Nov early Dec to apply so that it coincides with when you returned in 2010 otherwise it will be an automatic refusal.
Here they don't talk about the date in which they receive the application, but only refer to the "application date".3.2 The start of the qualifying period of 5(3) years is the day after the
corresponding application date. Thus, for example, if the application
date is 5 January the 5(3) year qualifying period starts on 6 January.
Date of application is date received by HO (for UK-based applicants).nk148 wrote:Can senior members or people who used the NCS confirm the date of application when using NCS? is it the date of the appointment, or the date the NCS sends the application? Or is the procedure different from branch to branch?
Thanks,
Yep, thanks for clarification! (but still think that basing the residency requirement on something outside of the applicant control is worng )noajthan wrote:Date of application is date received by HO (for UK-based applicants).nk148 wrote:Can senior members or people who used the NCS confirm the date of application when using NCS? is it the date of the appointment, or the date the NCS sends the application? Or is the procedure different from branch to branch?
Thanks,
It is not the date you happen to have an appointment at NCS nor the date NCS happen to send a batch of applications off to HO
It is not up to NCS to decide the 'date'; it is governed by UK Immigration Regulations.
Ref: https://www.gov.uk/government/uploads/s ... 6_v5_0.pdf
- see section 6.3.3
I wasn't referring to my case. I surely won't take that risk now. My point was general about factors outside of applicant's control. It is possible for example that royal mail makes a mistake that causes delays (a week or two) without the applicants being aware of it. I am definitely not trying to change existing home office regulations or to not take such factors into consideration, just raising a point I thought is valid.CR001 wrote:Well it isn't outside the applicants control is it? You were either in the UK or not. If you choose to take the risk and apply 2 days before you were not in the UK 5(3) years ago, it is not HO's fault, it is yours. HO cannot take responsibility for people making the wrong decisions in planning their applications properly.
The physically present requirement is also not new, it has been in place for a long time.
Yes, as I said earlier, I am going to find another NCS.skilachi wrote:Hi, why don't you use another NCS apart from this one you have appointment with on nov 12?
You can use any NCS and it doesn't have to be the one closer to your residential address e.g. look for one close to you work area and try book during lunch time which is what I did for mine. I live in London but used NCS close to my work in Kingston and it was delivered to HO next day by recorded delivery.
I wouldn't advice you apply Nov 12 since you will be out of the country immediately after submission. Since you already have 12 months ILR from July, wud advice you look for another NCS you can book an appointment with from now till Nov 8-9 or is there anything keeping from apply now/before nov 12?