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Clarity on 28 days rule before Indefinite Leave to Remain

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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jobstar40
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Posts: 1
Joined: Fri Mar 08, 2013 12:12 pm

Clarity on 28 days rule before Indefinite Leave to Remain

Post by jobstar40 » Fri Mar 08, 2013 12:25 pm

I first entered the UK on Sept 10th 2007 on a company sponsored work permit. I subsequently applied for a HSMP which was granted in April 2008. I had a further extension of my HSMP, which is now Tier 1 (G), and that expires on May 19th 2013.

Since my date of entry in the UK is Sept 2007, I believe I am eligible to apply for Indefinite Leave to Remain. My fifth year in the UK was Sept 2012 so I believe I could have actually applied back then. I was going on holiday in Dec hence my delay.

I have booked my appointment for the 22nd of March 2013 for ILR application. Would I be allowed to make my application based on the fact that my date of entry was Sept 2007 and not regarding my current leave to remain expiration date of May 2013? I am just worried that my application will not be accepted based on the 28 day rule.

Any help is appreciated and thank you in advance

uksettlement
Senior Member
Posts: 734
Joined: Sun Mar 04, 2012 7:07 pm
Location: London
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Post by uksettlement » Fri Mar 08, 2013 12:40 pm

28 days rules means you can apply 28 days before completing 5 yrs based on your initial entry / entry clearance as the case may be. You entered in 2007 so you anyways qualify.
Thanks!

Disclaimer: I am no immigration lawyer nor am I OISC qualified. Suggestions given by me are based on personal experience of dealing with UKBA. Don't treat my advice as a substitute for legal opinion.

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