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Which date to take to calculate the 28 days before application

Posted: Mon Jan 25, 2021 6:04 pm
by walterz
Hi All, hope you are well

Slightly confused as to which date to take to calc the 28 days before application

Tier 2 General Migrant Visa Vignette 'Valid from' 15 Mar 2016
Date of entry with a stamp on vignette 17 Mar 2016
Residence Permit Issue Date 1 Mar 2016

Many thanks,
walter

Re: Which date to take to calculate the 28 days before application

Posted: Mon Jan 25, 2021 10:37 pm
by CULLINAN
You can apply with the reference of 1st March 2016 (minus 28 days completing 5th anniversary). However, to be on the safe side book biometrics with reference to 17th March 2016 (minus 28 days). These days biometrics appointments are running at a 28 day lag anyways so no issues.

Re: Which date to take to calculate the 28 days before application

Posted: Tue Jan 26, 2021 10:05 am
by shannon5g
May I double check on this one please? (I have the same question in this post)

When I was granted Tier 2 visa back in 2016, the issue date is just a random date when my first BRP was printed out and it was before the date I am allowed to enter the UK (i.e. 14 days before the start of my job).
As this is just a random date purely dependent on when I applied the visa I am not sure this is served as the benchmark for the 28 days rule?

BRP issue date: 9/3/2016 as shown on the original BRP (This BRP was already sent back to HMRC after my stay was extended by another 3 years in 2019)
1 month visa Valid from date: 21/3/2016
Date I actually entered the UK: 22/3/2016

My question is whether it is 21/2/2021 or 9/2/2021 that is the date I can make the application?

Re: Which date to take to calculate the 28 days before application

Posted: Tue Jan 26, 2021 10:25 am
by shannon5g
shannon5g wrote:
Tue Jan 26, 2021 10:05 am
May I double check on this one please? (I have the same question in this post)

When I was granted Tier 2 visa back in 2016, the issue date is just a random date when my first BRP was printed out and it was before the date I am allowed to enter the UK (i.e. 14 days before the start of my job).
As this is just a random date purely dependent on when I applied the visa I am not sure this is served as the benchmark for the 28 days rule?

BRP issue date: 9/3/2016 as shown on the original BRP (This BRP was already sent back to HMRC after my stay was extended by another 3 years in 2019)
1 month visa Valid from date: 21/3/2016
Date I actually entered the UK: 22/3/2016

My question is whether it is 21/2/2021 or 9/2/2021 that is the date I can make the application?
Just to clarify, I am not actually allowed to enter the UK between the date of the issue of the BRP and the "valid from" date, so I am actually really really doubtful what do they mean when the official documents say "The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK count towards the 180 days allowable absence in the continuous 12-month period."

Re: Which date to take to calculate the 28 days before application

Posted: Tue Jan 26, 2021 10:57 am
by shannon5g
Digging into my old documents, I even found out the actual date of the approval of my Tier 2 application to be 16 Feb 2016. Although it cannot be evidenced by my passport sticker or BRP, I have got the original letter with that date saying like this:

16 Feb 2016
Dear xxx,
Your application for a UK visa has been successful. This means that when you arrive in the UK you will have permission to enter as TIER 2 (GENERAL) MIGRATNT from 21 Mar 2016 to 20 Apr 2019.
What this means for you
Your passport/travel document contains your Visa, with with you can travel to the UK. Your Visa is valid for 30 days only...
The full details of your permission to stay in the UK will be on your Biometric Residence Permit (BRP). You must collect your BRP within 10 days of arriving in the UK from the following collection point: ...

Here comes the new question (sorry): Is 16/2/2016 the actual "date of issue of entry clearance" or 9/3/2016 (shown on BRP) or 21/3/2016 the actual first day I am allowed to enter (shown on the visa sticker on the passport)?

Re: Which date to take to calculate the 28 days before application

Posted: Tue Jan 26, 2021 5:13 pm
by zimba
You need to take the earliest date. Visa approval date in most cases is the same as the date on your visa approval letter, sticker and BRP issue date. However, for administrative reasons, the date of your document could be a later date as a visa or BRP document cannot be backdated. So if your visa was approved last week but the sticker/BRP is produced or printed today, it will have the today's date (that is simply the issue date and not necessarily the approval date). So as long as you use the earliest date, you will be perfectly safe. From the immigration rules perspective, your qualifying period starts from the date of visa approval which may or may not be the same as your immigration document issue date.

In your case, that date is 21 Mar 2016 9/3/2016 as stated on the first BRP approval letter when your permission is granted initially

Re: Which date to take to calculate the 28 days before application

Posted: Tue Jan 26, 2021 7:59 pm
by shannon5g
Thanks for the explanation!!

Re: Which date to take to calculate the 28 days before application

Posted: Wed Jan 27, 2021 4:22 pm
by walterz
Zimba wrote:
Tue Jan 26, 2021 5:13 pm
You need to take the earliest date. Visa approval date in most cases is the same as the date on your visa approval letter, sticker and BRP issue date. However, for administrative reasons, the date of your document could be a later date as a visa or BRP document cannot be backdated. So if your visa was approved last week but the sticker/BRP is produced or printed today, it will have the today's date (that is simply the issue date and not necessarily the approval date). So as long as you use the earliest date, you will be perfectly safe. From the immigration rules perspective, your qualifying period starts from the date of visa approval which may or may not be the same as your immigration document issue date.

In your case, that date is 21 Mar 2016 as stated on the approval letter when your permission is granted initially
Hi Zimba - on one hand you are saying it's the earliest date, but on the last line you are recommending the latest date 21 Mar 2016 - i assume you meant - you the BRP issue date precedes the visa vignette issue date / date of entry, the BRP issue date should be used to subtract 28 days from?

Re: Which date to take to calculate the 28 days before application

Posted: Wed Jan 27, 2021 5:19 pm
by zimba
You are correct. If the BRP date is the earliest you use that date. I corrected the date/advice above

Re: Which date to take to calculate the 28 days before application

Posted: Tue Feb 09, 2021 10:02 am
by walterz
Thank you again Zimba - i took the date from BRP date minus 28 (BRP issue date is 15 days earlier than vignette) - got it approved now :)