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Residence Requirement - Physically Present

Posted: Tue Aug 22, 2017 9:21 pm
by martasoria
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?

Re: Residence Requirement - Physically Present

Posted: Tue Aug 22, 2017 9:31 pm
by CR001
Day of departure or arrival back is NOT counted as absence.

Why didn't you apply through NCS at the council. You would have been able to keep your original documents including passports and you would have been able to apply for citizenship and British passport at the same time.

Re: Residence Requirement - Physically Present

Posted: Tue Aug 22, 2017 9:40 pm
by martasoria
Thank you for your prompt reply. So you think I am ok then if the application reaches the HO tomorrow?

I tried to get an appointment with my local NCS but I am still waiting to receive an appointment with them (10 days after I first contacted them). I therefore decided to submit the papers directly to the HO. We are not particularly bothered about the passports as we can travel with our identity cards.

Applying for a British passport at the same time as citizenship would have been helpful though.

Thanks again for your prompt and helpful reply.

Re: Residence Requirement - Physically Present

Posted: Tue Aug 22, 2017 9:43 pm
by CR001
Pity as you could have applied at any council NCS. It did not have to be the one at your council.

Should be fine if it reaches HO tomorrow.

Re: Residence Requirement - Physically Present

Posted: Tue Aug 22, 2017 9:49 pm
by martasoria
Thank you very much.