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Residence requirement - day 5 years ago

Posted: Tue Apr 26, 2022 9:44 pm
by MarkCa
Hello,

I am reading guidance for British Citizennship, and I came across this quote (source is page 6 of this guidance https://assets.publishing.service.gov.u ... _final.pdf )

The residence requirements:

• 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 05/01/2022 you should have been
physically present in the UK on 06/01/2017.


I was thinking about applying on 25th of January 2023. I was abroad from 17.01.2018 until 23.01.2018 (I arrived back to the UK on this day).

I did not travel again until 24.02.2018.

Can you please confirm, if I apply on 25.01.2023, does it mean that the only important day 5 years ago is 26.01.2018? It seems more logical that day before is 24.01.2018, but based on their example it should be 26.01.2018. Can anyone confirm which one is it?

Also, can someone confirm that application date is the date on which application is paid?

Thanks!

Re: Residence requirement - day 5 years ago

Posted: Tue Apr 26, 2022 10:04 pm
by alterhase58
MarkCa wrote:
Tue Apr 26, 2022 9:44 pm
Hello,

I am reading guidance for British Citizennship, and I came across this quote (source is page 6 of this guidance https://assets.publishing.service.gov.u ... _final.pdf )

The residence requirements:

• 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 05/01/2022 you should have been
physically present in the UK on 06/01/2017.


I was thinking about applying on 25th of January 2023. I was abroad from 17.01.2018 until 23.01.2018 (I arrived back to the UK on this day).

I did not travel again until 24.02.2018.

Can you please confirm, if I apply on 25.01.2023, does it mean that the only important day 5 years ago is 26.01.2018? It seems more logical that day before is 24.01.2018, but based on their example it should be 26.01.2018. Can anyone confirm which one is it?

Also, can someone confirm that application date is the date on which application is paid?

Thanks!
You are quoting from the UKVI guidance so I would stick with that, i.e. 26.1.2018
Application date: when you submit/pay.

Re: Residence requirement - day 5 years ago

Posted: Fri Apr 29, 2022 1:09 am
by MarkCa
Thanks!

Re: Residence requirement - day 5 years ago

Posted: Sun May 01, 2022 9:51 pm
by MarkCa
I have one more question. It is regarding our timeline and my wife's BC application. This is our situation:

- January 2022 - I received ILR
- December 2022 - She will apply / receive ILR
- January 2023 - I will apply for BC
- March 2023 (approx) - I will become BC
- March 2023 - She will apply for BC only 3 months after receiving ILR because at that time I will become British Citizen and she will not need to wait for 12 months between ILR and BC because she will be married for BC.

That said, she will receive ILR based on 5 years residence, same as me. She was PBS Dependant at all times, ILR will be Set(o).

Question: Since she will be applying for BC as wife of another BC, will she need to make sure she was present in the UK 3 or 5 years ago on date of BC application?

Re: Residence requirement - day 5 years ago

Posted: Sun May 01, 2022 10:09 pm
by alterhase58
Yes - present in the UK 3 years ago on date of BC application.

Re: Residence requirement - day 5 years ago

Posted: Mon May 02, 2022 7:04 pm
by MarkCa
alterhase58 wrote:
Sun May 01, 2022 10:09 pm
Yes - present in the UK 3 years ago on date of BC application.
Thank you! :)