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When to apply? 28 days rule again

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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Muscovite
Newbie
Posts: 38
Joined: Wed Jan 02, 2013 11:26 am

When to apply? 28 days rule again

Post by Muscovite » Mon Jan 21, 2013 10:31 am

- HSMP EC granted on 04-04-2008
- Entered UK on 24-04-2008 (for the job interview and left 2 days after)
- Permanently entered UK on 13-06-2008
- Switched to Tier 1 on 04-04-2010 being in the country (UK)
- Current visa expires on 04-04-2013

Can I apply 28 days before my current leave expires (i.e. 28 days before 04-04-2013)? Or should I only apply 28 days before 24-04-2013 (the date of entry)?

Thanks

Graceofgod
Member
Posts: 115
Joined: Thu Oct 04, 2012 9:42 pm

Re: When to apply? 28 days rule again

Post by Graceofgod » Mon Jan 21, 2013 10:58 am

Muscovite wrote:- HSMP EC granted on 04-04-2008
- Entered UK on 24-04-2008 (for the job interview and left 2 days after)
- Permanently entered UK on 13-06-2008
- Switched to Tier 1 on 04-04-2010 being in the country (UK)
- Current visa expires on 04-04-2013

Can I apply 28 days before my current leave expires (i.e. 28 days before 04-04-2013)? Or should I only apply 28 days before 24-04-2013 (the date of entry)?

Thanks
I think as you have entered the UK within 90 days of your Entry clearance date you can apply 28 days before the 04-04-2013 i.e anytime after 02-03-2013.

ilrupdates
Member of Standing
Posts: 290
Joined: Sat Jul 07, 2012 7:24 am

Post by ilrupdates » Mon Jan 21, 2013 10:58 am

According to my understanding you can apply 28 days before 04-04-2013
But you must confirm from seniors as well.

Graceofgod
Member
Posts: 115
Joined: Thu Oct 04, 2012 9:42 pm

Re: When to apply? 28 days rule again

Post by Graceofgod » Mon Jan 21, 2013 10:59 am

Graceofgod wrote:
Muscovite wrote:- HSMP EC granted on 04-04-2008
- Entered UK on 24-04-2008 (for the job interview and left 2 days after)
- Permanently entered UK on 13-06-2008
- Switched to Tier 1 on 04-04-2010 being in the country (UK)
- Current visa expires on 04-04-2013

Can I apply 28 days before my current leave expires (i.e. 28 days before 04-04-2013)? Or should I only apply 28 days before 24-04-2013 (the date of entry)?

Thanks
I think as you have entered the UK within 90 days of your Entry clearance date you can apply 28 days before the 04-04-2013 i.e anytime after 02-03-2013.
sorry I meant 06-03-2013, wrong calculation of 28 days.

Muscovite
Newbie
Posts: 38
Joined: Wed Jan 02, 2013 11:26 am

Post by Muscovite » Mon Jan 21, 2013 11:06 am

Cheers guys. My only concern was that 28 days from the date of entry (24-04) falls within my current leave (04-04) (i.e. before it expires). I just don't want find out myself in a situation when application is refused because of being submitted too early.

Muscovite
Newbie
Posts: 38
Joined: Wed Jan 02, 2013 11:26 am

Post by Muscovite » Tue Jan 22, 2013 10:13 am

Guys,

Here's what I found in Q&A. I am STILL confused with my original query.

Q5 - My current leave as economic migrant expires before I complete the qualifying residential period. Can I apply for ILR?
Under current directions you must apply for extension before your current leave expires. The only exception to this, as per current UKBA guidances, is if you delayed your entry in UK by (at most) 3 months from date of issue of entry clearance and fall short of completing the residential qualifying period due to delayed entry in the UK. In such case one may apply for settlement before the current leave expires.

Like I said if I count 28 days back from the date of entry (24-04) then I will get a date which is BEFORE my current leave expires (04-04). Does that make me eligible only to apply counting from the date of entry and NOT 28 days before my visa expires (04-04)?

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Re: When to apply? 28 days rule again

Post by wpilr_nov12 » Tue Jan 22, 2013 10:17 am

Muscovite wrote:- HSMP EC granted on 04-04-2008
- Entered UK on 24-04-2008 (for the job interview and left 2 days after)
- Permanently entered UK on 13-06-2008
- Switched to Tier 1 on 04-04-2010 being in the country (UK)
- Current visa expires on 04-04-2013

Can I apply 28 days before my current leave expires (i.e. 28 days before 04-04-2013)? Or should I only apply 28 days before 24-04-2013 (the date of entry)?

Thanks
You can apply any day between 7/3/13 and 4/4/13. Hope this is clearer.

However, be prepared to answer with full confidence why you needed to leave immediately after entering UK.
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

Muscovite
Newbie
Posts: 38
Joined: Wed Jan 02, 2013 11:26 am

Post by Muscovite » Tue Jan 22, 2013 2:17 pm

Thanks dude. What should I answer to this question then?

Q- when did you first enter UK? This refers to the date of your first entry into the UK at the beginning of the period of stay on which this application is based?

wpilr_nov12
Diamond Member
Posts: 2058
Joined: Wed Mar 07, 2012 11:13 pm

Post by wpilr_nov12 » Tue Jan 22, 2013 2:49 pm

24/4/08
Please do not send me PM if I haven't sent you one yet.
My ILR, MN1 and kids PP stories.

sarvar
Newly Registered
Posts: 5
Joined: Tue Jan 22, 2013 7:32 pm

visa expiring 20/3/13

Post by sarvar » Tue Jan 22, 2013 7:54 pm

Dear All

my WP visa is expiring on 20/3/12 and i've got a appointment on 21/2/13. Does it come under 28 days rule. To me it sound right, but for my satisfaction.

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