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Hello

Need some more advice, I'm afraid

I submitted my application on the 26th March (Thursday) using the Nationality Service
I was told that the application will be send by next day delivery service and received by HO on 27 March (Friday)
However, the case worker will open the case on 30 March (Monday) and I was asked if I was in UK on 30th March 2010, 5 years ago, which I was

Today I was told that I need to travel urgently on business tomorrow, 30 March
My flight is late in the evening, departing at 10 pm, however, my questions is can I travel on this particular day, when my application is opened by HO? would that be a breach of 5 year rule?

Your help would be very much appreciated!

thanks!

It is a tricky one.
I would think you can travel and there is also a possibility HO received your application on Friday( I submitted my through NCS and it was received by HO the next day).

milan69 wrote:It is a tricky one.
I would think you can travel and there is also a possibility HO received your application on Friday( I submitted my through NCS and it was received by HO the next day).

tricky indeed
i was told by the NCS that the application will be received on Friday, but will be officially opened on Monday
not sure what to do

The requirement is to be present 5 years ago, not when HO receives you application? If you were in the UK on the 30/03/2010, you should be fine

guys, any help on this?

I looked on the GOV website and found this

For example if your application is received on 20/1/2015, you should have been physically present in the United Kingdom on 21/1/2012.
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.

however, it doesn't say anything about being present on the day, in this example 21/1/2012

thanks!

If you apply as a spouse of BC, you had to be present in the UK on the exact date your application received by HO 3 years ago, I.e. If they receive on 30/03/2015, you had to be physically present in the UK on the 30/03/2012. If you apply in your own right, I.e. not as a spouse (not on the basis of the marriage to BC) then you had to be present in the UK exactly 5 years ago, I.e. 30/03/2010. It does not say that you cannot be outside of the country when they actually receive your application, i.e. 30/03/2015. So you can travel.

IraMil357 wrote:If you apply as a spouse of BC, you had to be present in the UK on the exact date your application received by HO 3 years ago, I.e. If they receive on 30/03/2015, you had to be physically present in the UK on the 30/03/2012. If you apply in your own right, I.e. not as a spouse (not on the basis of the marriage to BC) then you had to be present in the UK exactly 5 years ago, I.e. 30/03/2010. It does not say that you cannot be outside of the country when they actually receive your application, i.e. 30/03/2015. So you can travel.

applying on my own right (HSMP + ILR)
that's the trouble, there is plenty of information that one had to be physically present at the beginning of the qualifying period (in my case 30/03/2010) but there is no information at all if one has to be present at the end of the qualifying period (in my case 30/03/2015)

You can travel. The restriction of travelling before HO gets your app was done away with some time ago. As long as you were present on the same day 5 years ago, you will be fine.

I have applied through NCS on the 26(Friday) of sept because i was traveling on the 29 of september. But 5 year ago i return to uk on 27 of sept so NCS has sent my application on the 29(Monday)of sept. I been to spain for a week and return. After 4 months i got my approval. So i think u should be fine as soon as u keep your passport with u

CR001 wrote:You can travel. The restriction of travelling before HO gets your app was done away with some time ago. As long as you were present on the same day 5 years ago, you will be fine.

thank you! really appreciated!

simply_the_best wrote:I have applied through NCS on the 26(Friday) of sept because i was traveling on the 29 of september. But 5 year ago i return to uk on 27 of sept so NCS has sent my application on the 29(Monday)of sept. I been to spain for a week and return. After 4 months i got my approval. So i think u should be fine as soon as u keep your passport with u

thanks for the sharing the experience just bought the last available ticket! fingers crossed it goes all well