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beginning of the period of 5 years

Posted: Sun Jan 15, 2023 12:04 am
by Ameer_zyzom
Dear experts,

First of all thank you for your time and support you provide through this forum.

I got my ILR on 22/03/2022, I traveled abroad exactly on 22/03/2018 ( five years ago) for 3 weeks until 15/04/2018, not sure if the travel day 22/03/18 will be a day of absence,
and if I can apply for BC on 22/03/2023 ?
My absence
- 122 days last 5 years
- 24 days last 12 months

Re: beginning of the period of 5 years

Posted: Sun Jan 15, 2023 5:27 am
by vinny
You are in the UK on a date of departure. However, it’s probably simpler, unless the fees are going up, if you apply a few days after 15/04/2033, to avoid all doubts.

Re: beginning of the period of 5 years

Posted: Sun Jan 15, 2023 10:04 am
by secret.simon
The physical presence requirement more precisely is that you were physically present in the UK "at the start of the five year period immediately preceding the date of application". If we look at a one year period from 22/03/2023, it would start on 23/03/2022.

Assuming that you plan to apply on 22/03/2023, that would require you to be physically present in the UK on 23/03/2018. @kamoe had a similar question about the calculation and came to the same conclusion.

I agree with vinny that you should delay the application till April and that you should leave a margin of a few days around either side of that absence five years ago.

Re: beginning of the period of 5 years

Posted: Sun Jan 15, 2023 3:05 pm
by Ameer_zyzom
Vinny, secret.simon,
Thank you for your response and advise, I will apply few days after 15/04/23 to avoid all doubts

Thanks again
Best regards