Physical presence 5 years before

[nk148]

Hi,

I have an appointment with NCS on 12 November (this is the earliest appointment available). I left the UK on 13 November 2010 (5 years ago) for two weeks. Today I called the home office and they said that they calculate the 5 years period based on the date I submit the application. So if I submit on 12/11 I should be fine because it would fall just outside the period during which I was outside the country. I also called the NCS branch and they said that the date of submission is the date of the appointment i.e. 12/11, and that they post it as a next-day special delivery. Now I'm not 100% confident in what the lady from the NCS said (she sounded a little incompetent from her other answers regarding the appointment).

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,

[UKBALoveStory]

IMHO, For citizenship applications, the date of submission is the date on which home office receives your application.

[CR001]

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.

[cool mind]

Thanks for asking and replying that very important question. Is it mandatory only for 5 years ago or even 1 year ago too in same exact dates. For example in ops situation if someone has appointment on 12th November 2015 but he was on holidays outside UK on 12th November 2014 & onward but was present in UK 5 years ago during these dates. Whether last year absence from UK in same exact dates would affect??

[CR001]

Whether last year absence from UK in same exact dates would affect??

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.

The requirement of 'physically present in the UK' is ONLY applicable to the 5 or 3 years immediately preceding application and the date HO receives the application.

[nk148]

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.

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!
Anyway, I will try to find an earlier appointment with another NCS branch, and hopefully avoid to wait until next month.

[CR001]

How long have you held ILR? You cannot send your application if you have not completed a full 12 months on ILR.

[nk148]

I have ILR from July 2014, so eligible to apply any time.

Just found this in the residency requirements guide:

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.

Here they don't talk about the date in which they receive the application, but only refer to the "application date".

Anyway, I think it is best for me to play safe and avoid guessing home office intentions.

[noajthan]

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,

Date of application is date received by HO (for UK-based applicants).

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

[CR001]

Please see the first paragraph on page 20 of the AN Guide.

https://www.gov.uk/government/uploads/s ... _final.pdf

[nk148]

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,

Date of application is date received by HO (for UK-based applicants).

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

Yep, thanks for clarification! (but still think that basing the residency requirement on something outside of the applicant control is worng )

[CR001]

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.

[nk148]

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.

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]

I was saying what I said in general terms, not aimed at you specifically. Parcels are sent from NCS as tracked anyway and I do understand what you mean, but it is still not HO's responsibility, the rules are clear, people should plan accordingly unless they thrive on risk and losing money.

[skilachi]

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?

Or betterstill apply when you get back into the country or in Dec....you might be lucky they may not be that much application received by HO as peeps will wont to travel home/abroad during that period but at the same time, some HO staffs might be off for 2 weeks so might also get delayed till Jan before they acknowledge your application.

[nk148]

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?

Yes, as I said earlier, I am going to find another NCS.
Thanks,