Am I applying a day too early

[Priya_Rai]

I got my ILR approval on 20th June 2012 (that is the date on the B/M card). I understand that in addition to satisfying the other standard requirements, I need to have been free from immigration control for 12 months prior to the date of the application.

Now, I am assuming that I will complete 12 months of no immigration controls on 19th June 2013 (Is that correct?). I am booking an appointment on 19th June 2013 itself and given that the application will reach UKBA on 20th June 2013, do you think I would have fulfilled the 12 month requirement? I meet all other requirements.

Appreciate your help/advise.

Thanks

Priya

[Jambo]

That's fine (it's the date the application is received that counts).

[Priya_Rai]

Just to be clear, I have based the above on:

CHAPTER 18: NATURALISATION AT DISCRETION -SECTION 6 BRITISH NATIONALITY ACT 1981 :

18.2.1.2 The residence requirements referred to in 18.2.1.1 above are that the applicant was:

a. in the UK at the beginning of the period of 5 years ending with the date of the application; and

b. not absent from the UK for more than 450 days in that 5 year period; and

c. not absent from the UK for more than 90 days in the period of 12 months ending with the date of the application; and

d. not, on the date of the application, subject under the immigration laws to any restriction on the period of stay in the UK; and

e. not, at any other time in the 12 month period ending with the date of the application, subject under the immigration laws to any restriction on the period of stay in the UK;

As my application date will be 20th June 2013 (applying at NCS on 19th June 2013), the 12 month period ending on that date (as per (e) above) will be 21st June 2012 - 20th June 2013. Having got ILR on 20th June 2012, I think I am ok therefore. Do the senior members concur?

The reason for showing the rush is urgent travel plans for extended periods shortly and I may not be able apply for another 5 months if I dont on 19th June 2013 through NCS.

[Priya_Rai]

That's fine (it's the date the application is received that counts).

Thanks Jambo, please see my explanation above. Just worried that I may have gotten the date calculations wrong. Thanks for your prompt response and help.

[jack902]

I have almost identical question:

iLR was granted on 9th October 2012 (this is also the date stated on my biometric card)

I want to apply at NCS on 8th october 2013 which means it will be received on 9th October.

Is this ok?

For the key test- of being physically present 5 years earlier and being free on immigration restrictions for 12 months- the date they will consider is therefore 10 October 2012 and 10 October 2008?

[Ayyubi72]

I read somewhere in guidance notes only a few days ago, that they actually regard the date of application from the next day it arrives at UKBA. I am sure someone can confirm this and point out the actual guidance.

So, if someone applies on 9th at NCS, and application reaches UKBA on 10th, they will regard 11th as the date of application.

[jack902]

I have never heard that before. Pretty sure it counts as the day they receive it

[Amber]

I read somewhere in guidance notes only a few days ago, that they actually regard the date of application from the next day it arrives at UKBA. I am sure someone can confirm this and point out the actual guidance.

So, if someone applies on 9th at NCS, and application reaches UKBA on 10th, they will regard 11th as the date of application.

6.3.3 What is the date of application?
6.3.3.1 The date of application is the date of its receipt by the appropriate "receiving authority (HO in GB)", as explained in paragraph 6.3.2, prescribed by paragraph 4 of the British Nationality (General) Regulations 1982 and 2003 as amended.

[ban.s]

I read somewhere in guidance notes only a few days ago, that they actually regard the date of application from the next day it arrives at UKBA. I am sure someone can confirm this and point out the actual guidance.

So, if someone applies on 9th at NCS, and application reaches UKBA on 10th, they will regard 11th as the date of application.

11th in this instance is the start of residence period and the applicant needs to be physically present in the UK 5 or 3 years ago on that date.

[Ayyubi72]

http://www.immigrationboards.com/viewtopic.php?t=131931

[ban.s]

if you read the above post, you'll realise that +1 day was not date of application but start of residency period and the application was refused because the person was out of the UK.