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Is there clear guidance on the rule that requires the applicant to be present on the same date 3 or 5 years back with respect to residency requirements. What if the applicant flew on that date 3 or 5 years back? So if applying today 6 sep 2018, he/she flew outside Uk on 6 sep 2015?

Hey!

I don't think you'd meet the requirement but hopefully someone else can chip in?

If you flew out on 06/09/15 then you weren't physically present in the UK 3 years ago. There is guidance on this and you can find this on:

https://www.gov.uk/government/publicati ... en-form-an

Take a look at the guidebook and it says:

"You must have been physically present in England, Wales, Scotland,
Northern Ireland, the Isle of Man or the Channel Islands on the day 3
years before the application is received by the Home Office.
For example, if your application is received on 05/01/2018, you should
have been physically present in the UK on 05/01/2015.
Most applications that fail do so because applicants have applied even though
they cannot satisfy the residence requirement to be present in the UK at the
beginning of the residential qualifying period".

When did the applicant return back to the UK?

But I was in the UK and then flew out. My point is that the guidance isn't clear if the applicant was suppose to be present for the entire day.

The requirement is to be present which I was, it is just that I was present for part of the day.

For the sake of waiting a few days or risk losing £1300 odd, why not just apply when you have been in the UK then for a full day.

That I am doing. I was just curious if I had missed any detailed guidance present elsewhere. Not sure why rules have to be made that obtuse..

I do believe the day u depart and day you arrive is not considered as out of the country.