Question on residence requirements - date examples and "on the day" clarification

[trelopaida]

Hi all,
In my case (applying for BC), two of the residence requirements are as follows:

1. "You must be free from immigration time restrictions on the date of application and have been free from immigration time restrictions for the 12-month period before making the application".

2. "You must have been physically present in England [..] on the day 5 years before the
application is received by the Home Office." An example is provided in the guidelines
"For example, if your application is received on 05/01/2022 you should have been physically present in the UK on 06/01/2017. "


Could you help me with the following:
1. I was granted a settled status (as per the EU Settlement Scheme) on 1/7/2021. What is the earliest date I can apply for citizenship following the '12-months free from immigration restrictions' rule ? Is that the 2/7/2022 ?

2. Suppose I apply on the 2/7/2022. I should have been 'physically present in the UK' on the day 5 yrs before the application is received - this is the 3/7/2017.
Now, the problem is on that very same day (3/7/2017) I went on holidays for one month. I mean I have been physically present on that day as I took a flight - but not for the whole day. The trip will be declared in my application - this is related to calculating the absences.

Does anyone have some relevant experience? I have a very tight window for the application - the other option will be to wait for a couple of months.

Many thanks in advance.

[alterhase58]

Why do you have a tight window for application? There's plenty of time to apply I'm sure.
1. That should be ok.
2. Apply on a different date - you shouldn't really rush the application. However, the day you leave the uk, and the return day, don't count as absence.

[kamoe]

2. Suppose I apply on the 2/7/2022. I should have been 'physically present in the UK' on the day 5 yrs before the application is received - this is the 3/7/2017.
Now, the problem is on that very same day (3/7/2017) I went on holidays for one month. I mean I have been physically present on that day as I took a flight - but not for the whole day. The trip will be declared in my application - this is related to calculating the absences.

Does anyone have some relevant experience? I have a very tight window for the application - the other option will be to wait for a couple of months.

Yes. I had to withdraw an application because I realised that on the relevant day (5 years prior plus one day), the applicant travelled abroad. We had a long discussion on weather that partial-day presence was valid or not, and the conclusion was, after advice from two separate immigration solicitors, that it was not. I therefore withdrew the application and applied at a later date, with all stress that implied.

If at all you have the choice, do not put yourself in a situation where a date is too close to an edge case, do allow for some bumper days both ways. A couple of months is nothing in the great scheme of things.

[kamoe]

the day you leave the uk, and the return day, don't count as absence.

They don't count as absence on the list of absences, but they don't count as presence either for the presence requirement. You have to have been present during the whole 24 hours of the relevant date. This came to me from two separate immigration solicitors.

[trelopaida]

the day you leave the uk, and the return day, don't count as absence.

They don't count as absence on the list of absences, but they don't count as presence either for the presence requirement. You have to have been present during the whole 24 hours of the relevant date. This came to me from two separate immigration solicitors.

Thank you very much @kamoe for your reply - very clear answer to my second question. I have also now seen your relevant posts.

Any thoughts about the first question
1. "You must be free from immigration time restrictions on the date of application and have been free from immigration time restrictions for the 12-month period before making the application".

So if someone was granted an EU settled status (per the HO letter) on the 1/7/2021, do you think that they can apply on the 1/7/2022 ? Have you seen any relevant posts or pusblished info by the HO?
Many thanks.

[alterhase58]

UKVI tend to refer to it as 12 months without further guidance, though maybe somebody might have a source.
However, looking at it practically the 12 months end on 30 June so in my mind applying on 1 July should be ok.
TBH, I tend to recommend that applicants don't rush things, naturalisation after all is a discretionary application and a day or two extra waiting won't make much of a difference. Also before hitting the button one should go over the application a few times to avoid possible errors - just the way I approach most applications fior anything, especially those that cost a lot of money.