NCS appointment

[brad1980]

Dear all
My indefenite leave to remain via Tier 1 is dated 10/12/2013.
i booked my appointment with NCS on 10 th December 2014. seems a bit ticky, will i be fine in terms of meeting the requirement for one year indefenite elapsed time or the date of indefenite is when it is deemed to be served/ received say 2-3 working days after that? a bit confused. some clarifications is highly appreciated

Best,
Brad

[akhurshid]

Your application date is the date HO receives your application so it should be ok.
Make sure you were present in the country 5/3 years ago on that day.

[brad1980]

Thank you, but another side of the story is will there be any argument of my indefenite to be deemed as served on 11th not 10th? my indefenite is dated for 10th, dosen't it mean i received it on say 12th or 13th?
hope it makes sense to you?
Best,
Brad

[akhurshid]

If your ILR is dated on 10th, then that is the date when your ILR was granted. 9th of this year will be the day it has been granted for 12 months.

[brad1980]

thank you sir:)

[haiksuresh]

Your application date is the date HO receives your application so it should be ok.
Make sure you were present in the country 5/3 years ago on that day.

@akhurshid
I have been searching for UKBA reference for the above rule you mentioned, "Make sure you were present in the country 5/3 years ago on that day"

Could you please elaborate and provide any UKBA reference for that particular rule.

Thanks
Suresh

[akhurshid]

For example if you are applying after 5 years and your application is received by HO on 20//11/14 then you must be present in UK on 21/11/2009. It is a very common reason for refusal btw.

Page 3 and 4
https://www.gov.uk/government/uploads/s ... let-an.pdf

[milan69]

If HO receives your application on 20.11.2014. then you must have been present in UK on 20.11.2009. if applying on 5 year rule.

[akhurshid]

If HO receives your application on 20.11.2014. then you must have been present in UK on 20.11.2009. if applying on 5 year rule.

Slightly wrong there mate. Here is the text I have copied and pasted from the HO guideline.

'For example if your application is received on 20/1/2010 you should have been
physically present in the United Kingdom on 21/1/2005.'

[milan69]

You must have been physically present in England, Wales, Scotland, Northern
Ireland, the Isle of Man or the Channel Islands on the day 5 years before the
application is received by the Home Office

[akhurshid]

You must have been physically present in England, Wales, Scotland, Northern
Ireland, the Isle of Man or the Channel Islands on the day 5 years before the
application is received by the Home Office

Yeah and you don't include the same day when calculating the years. If the start date is 20th, then the last date would be 19th or 21st and 20th vice versa. From 20th to 20th would be a day extra.