Form AN: Clarification on residence requirements

[WalkOn]

Hi all,

I'm hoping someone can clarify a query for me.

I'm about to book an appointment today at NCS but am confused about the residence requirement. I travelled frequently for work and was not physically present in the UK at particular dates. However I do meet the required 5 year rule etc. as have ILR from Oct-2012.

My confusion comes from the statement below.
Guide AN states: "Please note: You should also check that you were physically present in the UK 5 years (3 years if you are married to or in civil partnership with a British citizen) before the date that the application will be received by the Home Office or other receiving authority (see page 17 “Where to send your application form”)."

For example, if I have appointment at NCS on 13 Jan 2014 and UKBA receives application on 14 Jan 2014. However, I was out of UK for work between 11-16 Jan 2009. Does this mean I should not apply as I was not 'physically' present in the UK?

Thanks in advance...

[lynxukauq]

Yes you should not apply if HO receives you application on the dates you were outside UK as you were not physically present, they will refuse your application.

Just ask NCS to delay the post or better option to be on the safe side make another appointment with NCS.

[WalkOn]

[quote="lynxukauq"]Yes you should not apply if HO receives you application on the dates you were outside UK as you were not physically present, they will refuse your application.

Just ask NCS to delay the post or better option to be on the safe side make another appointment with NCS.[/quote]

Thanks for the clarification.

As it turns out, I was travelling allot for work for the first 6 months of 2009. I guess this means I will have to wait until then to book my appointment...