Angel, the answer is No, but can I ask, are you a spouse of a British Citizen? If you are then
x=3 in what follows, if not then
x=5.
There is an absolute requirement! It is absolutely essential that the applicant was in the UK
exactly x years before IND receive their application. If that test is failed then the application will get rejected, or maybe the applicant will get a chance to re-declare ... sign a form on a later date .... but clearly that is going to delay the whole process.
This is a yes or no question. Example ... a person not the spouse of a British Citizen first came to the UK on say 27th June 2000. Today they posted their application to IND, who receive it tomorrow, 23rd June 2005. Question ... was the person in the UK
exactly five years earlier, that is, on 23rd June 2000? No ... so application rejected. However if the person had waited until say next Monday before posting their application, or getting it checked by the checking service, then the answer to the question would have been Yes!
Quick review of the time-based rules :-
- Was the person in the UK exactly x years earlier?
- If they are not married to a British Citizen, have they held ILR for at least one year? Or if married to a British Citizen, have they simply got ILR?
- Have they been out of the UK for more than 450 days in the 5 years before IND receive the application, or if married to British Citizen, outside for more than 270 days in the previous 3 years?
- Has the person been out of the UK more than 90 days in the one year before IND receive the application?
Those 450 ... 270 ... 90 day tests .... a bit of leeway, but not a lot.
Hope that helps.
