TNAG-2644-FCO40-3837-Emigration-from-Hong-Kong-overseas-rights-to-abode-and-passp-1992 — Page 105

3.

4.

ANNEX C

to Chapter 18

(continued)

as present in the United Kingdom unless physically absent; but in certain circumstances, the Act requires periods of physical presence to be treated as absences. (See paragraph 9 below)

2.4 In the remainder of this Annex the figures in brackets relate to

applications under s.6(2) unless the context otherwise requires.

Presence in the UK at the beginning of the 5(3) year qualifying period

3.1

With the exception of applicants in Crown Service or spouses of British citizens in Crown Service (see Annex D and paragraph 6 below respectively) there is no discretion to waive the requirement to have been physically present in the United Kingdom on a date five (three) years before the date of application. The date of application is defined in Chapter 6:

the

3.2 The start of the qualifying period of 5(3) years is the day after the

Thus, corresponding application date.

for example, if application date is 5 January the 5(3) year qualifying period starts on 6 January.

Excess absences in the 5(3) year qualifying period

and 4

4.1 Under paragraphs 24 of Schedule 1 to the British Nationality Act 1981 there is discretion to waive excess absences in the qualifying period. We should normally consider exercising this discretion as set out below but only where we are satisfied that the applicant has genuinely thrown in his lot with the United Kingdom and meets the other requirements.

4.1.1 Absences totalling 480 (300) days

540

normally disregard.

4.1.2 Total Absences of up to 900 (180) days consider disregarding only if the application is otherwise in order and if the applicant has established his home, family and a substantial part of his estate here. In establishing whether an applicant has really made this country his home regard may be had to the ..question of tax domicile. He cannot claim to regard the UK as his permanent home if he is telling the Inland Revenue that We should he is domiciled elsewhere (see Annex E Section 4)

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