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28 days rule applied on Date of entry or visa expiry date

Posted: Mon Dec 10, 2012 3:59 pm
by sharjeelpk
HI All,
Quick question "does 28 days rule applied on Date of entry or visa expiry date."

I will make it bit clear, Look at the scenario.

HSMP VISA Issued - 3/1/2008
HSMP VISA Expired = 3/1/2010
Tier 1 VISA Issued = 3 /1/2010
Tier 1 VISA Issued = 3 /1/2013

Applied another Extenion when rumours was that if you entered the country within 28 days after the first visa stamped then need another extensions so applied for 2nd extension.

Tier 1 extension = 10/06/2010
Tier 1 extension = 10/06/2013

Now As First HSMP visa was stamped on 3/1/2008 so five years should complete on 3/1/2013 keeping in mind the the person entered after 40 days (which is under 3 months).

Can an applicant apply 28 days before 3/1/2013 ?

Posted: Mon Dec 10, 2012 4:24 pm
by wpilr_nov12
Just give your actual situation, dates, etc and the conversation could be productive/meaningful.

Posted: Mon Dec 10, 2012 4:38 pm
by sharjeelpk
This is my situation
I got HSMP visa from 3/1/2008 till 3/1/2010
Got extension from 3/1/2010 till 3/1/2013 (Tier 1 General)
I entered in the country on 11/2/2008 which is 40 days after the HSMP entry stamped.
In the middle of 2011 I heard from somebody as I entered after 28 days of my entry stamped so I have to apply for 2nd extension so did it to cover actually 10 days (vasted £1600) .
As I was in Tear 1 so I got Tier 1 extension from 10/6/2011 till 10/6/2013.
Now the rules are changed and if somebody entered the country within 3 months of the first entry stamped then he can apply 28 day before the lease expires.
In my case my actual leaves going to expire in June 2013 but my 5 years complete on 3 /1/2013.
So my question is
Does this 28 days rule is applied on the 5th anniversary of the your first visa stamped (HSMP Entry Visa) means applicant can apply 28 days before the 5th anniversary of his first visa stamped or its applied on 28 days before the expiry of current leave (which covers the period of 5 years and 6 months in my case)

Posted: Mon Dec 10, 2012 6:26 pm
by wpilr_nov12
It applies at the point of completing five years continuous in one or a combination of multiple eligible categories. You can apply during the 28 days leading to the five year point.

Posted: Tue Dec 11, 2012 2:47 am
by [iD]
From what I can understand, you are ready to apply for your ILR