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Confusion about 28 days

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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cool mind

Confusion about 28 days

Post by cool mind » Fri Jun 13, 2014 6:43 pm

Hello,
As we all know that an ILR long residence application can be made before 28 days of completing 10th year as well as we also know that an overstaying period up to 28 days is also allowed. In the light of above i have question at below:

If the applicant during his 10 years has already been overstayed up to 28 days only one time then whether will he still be benefitted that he can send application 28 days before. Or 28 days discount applies once situation that if the applicant has already in previous application overstayed 28 days then he cannot send application 28 days before?

cool mind

Re: Confusion about 28 days

Post by cool mind » Sat Jun 14, 2014 4:21 pm

Does applying 28 days before of the qualifying period and overstaying less than 28 days are two different things or not? Can an applicant be benefit from both or one?

vinny
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Re: Confusion about 28 days

Post by vinny » Sun Jun 15, 2014 12:23 am

I think that they are different.
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Re: Confusion about 28 days

Post by Amber » Sun Jun 15, 2014 6:48 am

I agree, they are.
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Universal soldier
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Re: Confusion about 28 days

Post by Universal soldier » Mon Jun 16, 2014 5:42 pm

Yes its two different things, one relates to out of time application which in past used to be called a single gap of less than 10 days during ten years but its now 28 days. And other one relates to sending application. Don't be confused although coincidently the number of days looks same but they are different things and an application can benefit from both :wink:

sagareva
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Re: Confusion about 28 days

Post by sagareva » Mon Jun 16, 2014 9:07 pm

[quote="cool mind"]Does applying 28 days before of the qualifying period and overstaying less than 28 days are two different things or not? Can an applicant be benefit from both or one?[/quote]


different things

so technically yes, can benefit form both and people have done

but note that applying 28 days before is a rule of thumb which isn't written anywhere

vinny
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Re: Confusion about 28 days

Post by vinny » Tue Jun 17, 2014 8:07 am

sagareva wrote:but note that applying 28 days before is a rule of thumb which isn't written anywhere
It is written here:
Long residence and private life wrote:Applications received 28 days or less before the required qualifying period is
completed


You can grant if an application if it is received 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long
residence.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

cool mind

Re: Confusion about 28 days

Post by cool mind » Tue Jun 17, 2014 5:26 pm

Thanks Vinny, Amber_ and universal soldier :)

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