Continuous residence

[Mat1972]

Hi
I have booked my appointment with NCS on FEB 10th .I am having a doubt regarding residence requirement.

My case is :
1. I came to UK on 10.08.2010 on Tier 2 visa and later obtained my ILR on 20.08.2015 (5 year Route).
I took annual leave from 2nd Feb 2012 to 5th March 2012. As the rule states that you ' have been physically present in the UK at the beginning of the 3/5 years residence period i.e. the day the HO receives your application 3/5 years back. In that case whether it will affect my application if they start count from 2nd FEb 2012 to 10th Feb 2016 (2nd feb 2012 i was not in Uk because of holiday) ? or they will count from the 10.08.2010? looking for an opinion that enable me to change my booking.

I am having all documents relating to my residence from 10.08.2010 to till date.Appreciated your reply

[alterhase58]

It's counting back from the date of application. Per AN_Booklet page 5:

1. 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 20/1/2015 you should have
been physically present in the United Kingdom on 21/1/2010.

Note I think NCS Appointment counts as date of receipt.

[Mat1972]

Hi lterhase58
thank you
I am in UK since 10.08.2010. The only doubt is that I was not in UK due to my holidays (2nd Feb 2012 to March 5 2012) if they are counting from 10th Feb 2016 to Back 5 years. Otherwise i need to re-schedule to any date after 5th March 2016.

[alterhase58]

That's a good plan, and if you re-schedule now you will probably have a good choice of appointment dates.