ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR 28 day rule

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
shabz_81
Newbie
Posts: 46
Joined: Sat Jan 16, 2010 6:47 pm

ILR 28 day rule

Post by shabz_81 » Sat Oct 02, 2010 7:30 pm

I was wondering if someone can help me clear some confusion. Does the 28 day rule count from:

- 28 days from the date of entry to the UK
- 28 days before Visa Expiry
- 28 days from Visa Issue date

Thank You

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Sat Oct 02, 2010 7:37 pm

Your spouse has a 27 month spouse visa? If so the ILR application can be made no earlier than 28 days before the 2nd anniversary of their first date of entry into the UK using that spouse visa, and no later than the date of expiry of the current spouse visa.
John

shabz_81
Newbie
Posts: 46
Joined: Sat Jan 16, 2010 6:47 pm

Post by shabz_81 » Sun Oct 03, 2010 10:54 am

Hi John

Thats correct she's on a 27 month spouse visa. I know she still has a few months to go but we're trying to get everything sorted now for ahead.

What would be the best date to apply from below:

Visa issued: 16th Jan 2009
Date of Entry: 30th Jan 2009
Visa Expires: 16th April 2011

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Sun Oct 03, 2010 11:20 am

What would be the best date to apply from below
Isn't that obvious from my post above?

Earliest date = 28 days before the 2nd anniversary of the first date of entry = 02.01.11

Latest date = expiry date of current visa = 16.04.11
John

letmec2006
Member
Posts: 178
Joined: Wed Apr 16, 2008 8:22 am

HI

Post by letmec2006 » Mon Oct 04, 2010 1:44 pm

Sorry for stealing the thread, since the op's question was answered I thought I could add won for me.

What if the applicant is already in the uk in different

for eg in student and applied for HSMP

there is visa issue date: 3 sept 2011

and 2 years HSMP visa valid until: 21 Aug 2011

Since the ILR form says its the visa issue date I am a little bit confused can any one confirm please??

Is July 24th the earliest date to apply?? 0r Aug 5th

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Mon Oct 04, 2010 2:04 pm

there is visa issue date: 3 sept 2011
Would you like to correct that information?

Indeed it would be helpful if you could detail your UK immigration history, because I cannot see how you could possibly be applying for ILR in 2011.
John

letmec2006
Member
Posts: 178
Joined: Wed Apr 16, 2008 8:22 am

Hi John

Post by letmec2006 » Mon Oct 04, 2010 3:03 pm

Thanks for your reply.

The date given is an eg and not the case. Probably not good eg though.

I am confused with the visa issue date and visa expiry date

Should someone take the 28 day period from the issue date or expiry date. This is in particular with applicant being on student and changing to HSMP.

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Mon Oct 04, 2010 3:16 pm

Again, please detail your UK immigration history, because again, based upon what you have posted I can't see how you can apply for ILR in 2011.
John

letmec2006
Member
Posts: 178
Joined: Wed Apr 16, 2008 8:22 am

hi

Post by letmec2006 » Tue Oct 05, 2010 4:52 pm

Hi John
I definately cant apply for ILR in 2011, Just I am thinking far too ahead, and also aware of some of the proposed changes.

Anyway here it goes

First on PSW

then applied for Teir 1 G in country

Visa issued 3 Nov 2010
Visa valid 21 oct 2013

For the five years residence do they consider from 22 oct 2010 to 21 oct 2015

In that case will the grace period starts from 24 Sept 2015, where I can apply for ILR...

Am I thinking too much... :?:

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Post by geriatrix » Tue Oct 05, 2010 6:51 pm

letmec2006, assuming current rules apply in 2015(?), the qualifying residential period for settlement will be from 3-Nov-2010 to 02-Nov-2015. Also assuming that the 28 days rule remains in existence in 2015, then you may apply for settlement (if that too remains in existent in 2015) no earlier than 28 days before 03-Nov-2015!

Couldn't understand, though, why you have been reluctant to share the actual dates (e.g. - Aug. 2008 Tier 1 FLR based on HSMP approval). Anyhow, hope you now have clarity on when you may be eligible to apply for settlement in if the rules remain unchanged until then.


regards

letmec2006
Member
Posts: 178
Joined: Wed Apr 16, 2008 8:22 am

hi

Post by letmec2006 » Tue Oct 05, 2010 8:27 pm

Hi Sushdmehta

Thanks for your reply and also for taking time to read my previous posts.

Well I asked for my friend.

Regarding your reply, I dont see that how would cover the five years.

Because in the vignette the visa valid date is until 21 Oct 2013, does that not mean the visa is valid from 22 Oct 2010, though the visa issue date was about 12 days later.

This all cropped up because of the recent change of "visa approval date".

Ta

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Post by geriatrix » Thu Oct 07, 2010 1:52 pm

Assuming in-country application:

Ignore any date other than the issue date of the (first) visa on which the settlement application is based e.g. - If applying for settlement as economic migrant, the issue date of the first HSMP/Tier 1/WP/Tier2 is to be considered.

Issue date(s) of subsequent extensions or expiry dates are irrelevant for ILR count. One needs to look at the expiry date only to ensure that he applies for extension before that date.


regards

letmec2006
Member
Posts: 178
Joined: Wed Apr 16, 2008 8:22 am

hi

Post by letmec2006 » Thu Oct 07, 2010 9:31 pm

Sushdmehta

Thanks for clarifying, I also checked the ILR form and that you are right.

IF that is the case there is a problem, because already there is a short of 12 days in visa and if the application is made before 16 days for any reason of the date of expiry and approved sooner, Then there would be a short of 5 years continous period.

They are very bureaucratic in these, and doomed...
:shock:

Hope nothing aweful happens...

John
Moderator
Posts: 12320
Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England

Post by John » Fri Oct 08, 2010 6:04 am

IF that is the case there is a problem
And the problem is?
John

letmec2006
Member
Posts: 178
Joined: Wed Apr 16, 2008 8:22 am

Hi John

Post by letmec2006 » Fri Oct 08, 2010 9:18 am

John wrote:
IF that is the case there is a problem
And the problem is?
John

Oh I did not explan that clearly, right
You see between the visa expiry date and the visa issue date there is a gap of 12 days and if I apply for extension a month earlier before expiry, that would be about 42 days in advance. Finally if the visa is approved (now the visa is approved from the date of approval and not from the date of expiry) in 15 days as it is the case now, that would be very close to 28 days grace period to have 5years eligibilty for ILR.

If you see what I am worried about???

Then may be I need to do another extension (£1000s....visa fees and the torture of uncertainity, change of rules...blah blah blah...)

It is not just me, there had been thousands of applicants between Feb 2008 and Sept 2008 who were approved with Teir 1 initially would have this problem of different visa issue date and visa expiry date.

Locked
cron