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Application 28 Days Before... Which Date?

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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melste
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Application 28 Days Before... Which Date?

Post by melste » Sat Aug 17, 2019 6:41 pm

Hi everyone,

I'm newly registered to the board but have found the information here helpful (reassuring!) in the past, so was hoping that someone might be able to clear up some confusion for me.

I'm having trouble figuring out WHICH date the "28 days before expiry" application period applies to when doing an ILR application. Here's the background:

I was in the UK on the date of my initial successful application for a family (partner) visa (5 year route), which was issued 25/07/2014. Thus, I've completed five years of residency as of 25/07/2019, which has already passed. However, my second visa (the one you need 30 months after the initial one) EXPIRES 29/09/2019. So essentially, I was wondering which of the dates to use when calculating my 28 day period. Is it 27/06/2019 (28 days before five years of residency) or 1/09/2019 (28 days before the expiry of my current visa?)

Full disclosure: I have already submitted the online application (only today, not prior to the five year milestone as I needed to travel), thinking it was the five year thing because of the letter that I received when getting my last visa. But now I'm reading some conflicting information and I'm worried I misinterpreted it! I haven't yet booked an appointment to submit my biometrics and documents though.

The letter read,

"Following a continuous period of lawful leave to remain in the UK of at least five years... and subject to meeting the requirements... you may be eligible to apply for indefinite leave to remain... You must apply before the end of your authorised stay in the UK but not more that 28 days before completing that period."

I read it as, "completing that period" referred to not more than 28 days before the five years was up.

Hope that's clear! Thanks for any insight anyone can provide.

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CR001
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Re: Application 28 Days Before... Which Date?

Post by CR001 » Sun Aug 18, 2019 8:31 am

You could have applied within 28 days before 25th July 2019. Date of application is the date you submit and pay online and not your date of UKCVAS appointment.

When is your travel planned for?
Char (CR001 not Casa)
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melste
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Posts: 2
Joined: Sat Aug 17, 2019 6:19 pm
Canada

Re: Application 28 Days Before... Which Date?

Post by melste » Sun Aug 18, 2019 11:16 pm

CR001 wrote:
Sun Aug 18, 2019 8:31 am
You could have applied within 28 days before 25th July 2019. Date of application is the date you submit and pay online and not your date of UKCVAS appointment.

When is your travel planned for?
Hi CR001!

Thanks for your response :) I've already done the travel that I needed to do, it was over the July 25th period which is why I didn't apply prior to that date (as I was afraid I wouldn't get my travel documents back in time). Now that I'm back I made the application, but after reading up on the process more I got worried that I misinterpreted when the 28 days was supposed to be and that I should have been using the end date of the visa (of which I haven't yet reached the start of that period, the 28 days would begin September 1), so basically that I made the application too early! But if it's for the five year period (like I originally thought) than it should all be fine!

I think I just got a bit panicky after reading some confusing information. :oops:

Thanks for taking the time to respond!

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