ILR Gap/ 28 days provision

Seniors,

I will appreciate if somebody could answer my query below as this is important to many of the ILR applicants to decide if their gap is within 28 days provision...

My student visa expiry was on 31/08/2008 
Applied for student extension 26/08/2008 
Application received by HO 28/08/2008 
Application returned as invalid 16/09/2008 (The reason was out of date application was submitted -HO provided 28 days to submit with a valid application) 
New application submitted 18/09/2013 
Acknowledgement letter 22/09/2013
Visa granted 10/11/2008

I understand, since my 1st application was invalid, my 2nd application on 18/09/2013 was an out of time application.

My question is:

1) How many days out of date the 2nd application would be considered by the UKBA?

(a) 18 days ( from 31/08/13 to 18/09/2013) OR
(b) 2 months & 10 days ( from the date of expiry to the date of grant : 31/08/2013 - 10/10/2013)

Regards
AJ

2 months and 10 days but according to immigration law 28 days count at the time of application not after that. As visa is approved that means yr continuty isnt broken

You should be fine in the situation you described as the long residence guideline allows an out of time application up to 28 days which even starts from the day of receiving the notice of invalidity of application.

Thanks tanvir1985th & sheraz7

I still have a bit of confusion.

If the application is out of date by 2 months 10 days (i.e. in the SAR report if it says "out of date by 2 months 10 days"), does this not mean, I have exceeded 28 days provision allowed by UKBA?

I would highly appreciate if you please clarify the points

Regard
AJ

Hi ajek01,have you got your SAR report? does it says that you have overstayed 2 month 10 days?

Hi Respected members,

Please correct me here if I am wrong here...

My 2nd application (18/09/2008) was actually out of date by 18 days (01/09/2008 - 18/09/2008) and not 2 months & 10 days (01/09/2008 - 10/11/2008).

BUT yes, I did overstay by 2 months & 10 days?

Again, "the number of days an application is out of date by" and "the number of days someone overstayed by" are two different terms, is not it?

I am only trying to get the terms right now, as I am in the process of writing a covering letter to HO.

would really appreciate if someone could clarify.

Many thanks

kind regards
Ajek

tanvir1985th wrote:2 months and 10 days but according to immigration law 28 days count at the time of application not after that. As visa is approved that means yr continuty isnt broken

n-time application, rejected after leave expired
The migrant had leave until 1 March 2012 and submitted an application for further leave on 26 February 2012. The application was rejected on 31 March 2012.
In this case the migrant began overstaying on 3 April 2012, based on:
 case rejected on 31 March 2012
 adding two working days for deemed service of the note of invalidity gives 2 April 2012
 first day of overstaying is 3 April 2012.

so my question here :

they start counting 28 days from 3rd aprill , if anyone send their application within that given 28 days period ,, do they stop counting on the day application is submitted ,, or they keep going on until visa is granted

jodi