Residence Requirement - Physically Present
Posted: Tue Aug 22, 2017 9:21 pm
Hi
We submitted an application on Monday 21 August 2017 using Royal Mail's Guaranteed Delivery Service by 1 pm on 22 August 2017.
As it happened, Royal Mail did not deliver the application on time. It now appears the application will be delivered to the HO tomorrow (23 August 2017).
I am concerned because on 24 August 2012 we took a plane abroad at 5 pm. I am therefore not sure if that means we have now failed the requirement to have been physically present in England on the day 5 years before the application is received.
If the relevant date is deemed to be the exact same day when the application is received but 5 years prior (ie. 23 August 2012), then we meet the physical presence requirement. But I am confused by the wording of the AN Booklet which states:
"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 20/3/2017 you should have been physically present in the United Kingdom on 21/3/2012."
The example given appears to disregard the date of receipt of the application in the calculations. And therefore the relevant day would be 24 August 2012 which is the date of our flight.
Can you let me know if you think I should withdraw my application and start again?
We submitted an application on Monday 21 August 2017 using Royal Mail's Guaranteed Delivery Service by 1 pm on 22 August 2017.
As it happened, Royal Mail did not deliver the application on time. It now appears the application will be delivered to the HO tomorrow (23 August 2017).
I am concerned because on 24 August 2012 we took a plane abroad at 5 pm. I am therefore not sure if that means we have now failed the requirement to have been physically present in England on the day 5 years before the application is received.
If the relevant date is deemed to be the exact same day when the application is received but 5 years prior (ie. 23 August 2012), then we meet the physical presence requirement. But I am confused by the wording of the AN Booklet which states:
"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 20/3/2017 you should have been physically present in the United Kingdom on 21/3/2012."
The example given appears to disregard the date of receipt of the application in the calculations. And therefore the relevant day would be 24 August 2012 which is the date of our flight.
Can you let me know if you think I should withdraw my application and start again?