ILR SET(O) application, being physically present in the UK..

Hello,

My brother applying for ILR tomorrow (23 Nov 2015) after completing 5 years with Tier 1.
He first arrived to UK October 2010, however he was in Turkey at 23rd November 2010.

I read some forum topics about being physically present in the UK on the day 5 years ago. However it is not clear to me whether this rule is for Naturalisation application or ILR SET(0).

Please advise.

Your brother will be pleased to know that you are confusing this with an application for BC.

such a relief, thank you. £1900 is a lot of money to waste.

Casa wrote:Your brother will be pleased to know that you are confusing this with an application for BC.

Can you help explain what the OP is talking about pls? Is he talking about the continuous residency period or is there some other rule?

If you are applying for naturalisation, there is a legal requirement (that the Home Office has no discretion over) that the applicant must physically be in the UK on the same date five (or three if applying as the spouse of a British citizen) years ago.

So, if you were to apply for citizenship today, one of the requirements is that you were physically in the UK on 24th November 2010 (or 24th November 2012 if applying as the spouse of a British citizen).

The Home Office has no discretion on this requirement and must decline the application (while keeping the fees) if this condition is not met.

This condition is applicable to naturalisation (Form AN) applications, not ILR applications.