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hysically presence in the UK to qualify for BC?

Posted: Mon Mar 09, 2015 3:04 pm
by ukstay2
Hello

Can someone please help me understanding below rule:

Document: 2903307_requirements_an_booklet_dec_2014, Section 1B, Page 5
The residence requirements:
1. 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. 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. Most applications that fail do so because applicants have applied even though they cannot satisfy the residence requirement to be present in the UK at the beginning of the residential qualifying period.

My case: I entered in the UK in May 2006 on work permit, later got my HSMP and then Tier1 General. I got ILR March 2014 as I was away from November 2009 to June 2010.
I am completing one year soon since I was given ILR, do I qualify for BC staright away? Above rule says applicant need to be physically present in the UK 5 yrs before the application is received and I was away in March 2010. Please advise

Re: hysically presence in the UK to qualify for BC?

Posted: Mon Mar 09, 2015 3:16 pm
by Casa
If you weren't physically in the UK during the month of March 5 years ago then you can't submit your BC application until April at the earliest.

Re: hysically presence in the UK to qualify for BC?

Posted: Tue Mar 10, 2015 9:41 am
by ukstay2
Thank you Casa, I was away till June 2010 so does that mean I can't apply until June 2015?

Re: hysically presence in the UK to qualify for BC?

Posted: Tue Mar 10, 2015 9:51 am
by cs95tdg
Yes, that's correct. The requirement is that you need to have been present in the UK in the same day, 5 years (if that's your residential qualifying period) ago on the date the Home Office receive your application.

Re: hysically presence in the UK to qualify for BC?

Posted: Tue Mar 10, 2015 9:53 am
by SSWSZ
suppose if u are away in march from 15 march till 15 june 2010 then u can apply on 16 june 2015 simple .