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ILR 28 days calculation query

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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dp250281
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Joined: Sun Jun 21, 2020 10:26 am
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ILR 28 days calculation query

Post by dp250281 » Sun Dec 06, 2020 6:55 pm

Hi All,

Can someone help me with the 28 days back date calculation:

we have different dates for me and my wife BRP's. Though we entered into the UK on the same day.

My tier 2 general visa (BRP) is due to expire/valid until- 23-04-2021. I am in the process of gathering information and doing paper work for applying ILR. I have the following points which I would like to clarify:

1) My Tier 2 general visa (BRP shows) is valid until 23rd-April-2021. And my wife visa (tier 2 general dependent visa-BRP shows) expires on 10th-April-2021. As per GOV.UK I can only submit ILR application 28 days (back dated) before my visa expires?.

Highlighting here what I see in the document:
"Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:•the date of application•the date of decision •any date up to 28 days after the date of application "

a) I would like to know how I should calculate/submit my ILR application- referring to the DATE OF ENTRY CLEARANCE issued (1 month temporary to enter into the UK and collect my BRP's) OR DATE THAT I ENTERED INTO THE UK? (the date where Immigration office stamp) on my passport or with the validity date on the bio metric cards?

b) As you can see my wife’s visa expires 13 days before my visa expires (as per BRP), will there be any obligations with my wife’s ILR application (calculating 28 days for ILR). As I am the main applicant and she is on dependent visa and I cannot do separately. As per the GOV.UK, ILR process can take upto 6 months/8 weeks, and the premium service has been cancelled temporarily due to COVID-19. What will be the status/condition for my wife as it may take time to get confirmation from HMRC?


Please advise

Thanks
Durga

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CR001
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Re: ILR 28 days calculation query

Post by CR001 » Sun Dec 06, 2020 7:32 pm

Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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