Qualifying period clarity with 3c leave

[nahidhossen]

Can an applicant with 3C leave continuing benefit from 28 days concession? In other word, can s/he apply 28 days early before 10 years qualifying period? Please consider giving example too if possible. Many many thanks.

[zimba]

Yes. Section 3C leave is as if you have valid leave

[nahidhossen]

Thanks but is the following statement true "The application can be made within the 28 day qualifying period, provided the applicant's visa covers them up to a full 10 years of legal residence in the United Kingdom." This statement seems to be contradictory. Many thanks Zimba

[zimba]

Where did you get that statement from ?
It is not in the long residence guide. The guide says:

You can grant an application if it is considered 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence.

https://www.gov.uk/government/publicati ... -residence

[nahidhossen]

I know and that's where my concern began as someone from the HO replied in 'whatdotheyknow' website with that statement. No wonder why so many their decision overturned once they go in court.

And, when does qualifying period start for 10 year LR? Is it the date of entry or date someone was granted visa?

Thank you Zimba.

[zimba]

Date of first entry to the UK

[nahidhossen]

Many many thanks Zimba. I was confused with the term that says 'existing leave to remain or enter'. I interpreted it as the day visa was granted. You are a life saver

[nahidhossen]

Hi Zimba,

Can I post the link that says you can not apply 28 days early if visa does not cover full 10 years period?

[CR001]

Hi Zimba,

Can I post the link that says you can not apply 28 days early if visa does not cover full 10 years period?

Only if it is an official HO link and not a third party immigration advisor/lawyer link as they often misinterpret things.

[nahidhossen]

Clarification regarding 28 Days or less Early application for SET(LR) - a Freedom of Information request to Home Office

https://www.whatdotheyknow.com/request/ ... _28_days_2

If this is not appropriate, delete it. Thanks Zimba.

[zimba]

FOI requests cannot be used to clarify such things. The HO official guides should only be referred

[nahidhossen]

Many thanks Zimba. All I hope is that someone like Wayne trying to impose their own rule ("Please be advised that under the Immigration Rules, the applicant must have at least 10 years continuous lawful residence in the UK in order to make the application, or have a visa which covers them up to a full 10 years of legal residence in the United Kingdom at the time of applying") will not handle visa applications. I came 4th June, 2009 and currently on 3C leave. According to that official guide you mentioned, I have green light for application, right?

[zimba]

That is not how it works; I suggest not get distracted by unofficial stuff

[nahidhossen]

I thought people replying from UKVI at 'whatdotheyknow' website are official staff. Btw, I have received an email from UKVI which I want to share with you. Is it possible to email you?

[nahidhossen]

Is here anyone (or know someone who has) received/refused ILR after varying application before 10 years qualifying period with 28 days concession rule? For example, date of entry being 20.05.2008, ILR application successful after applying on 23.04.2018. Many thanks

[zimba]

FOI requests are dealt with in their specific department in the Home Office. FOI requests cannot be used to clarify the rules or ask questions. Any advice or answer given via FOI channel should be ignored, this also includes any advice given on the phone or email even by UKVI staff. Your application is assessed based on the procedures in the official guides and the immigration rules, not anything else.

We have a ton of experience with the immigration applications here, we are not making stuff up

[nahidhossen]

"we are not making stuff up", please accept my cordial apology if I have offended you by asking too many questions. I am most certainly aware that moderators here ton of experience which is why I was here at first place. The reason I wanted to show you the email was because response from FOI was wrong. I just wonder why the hell government is wasting taxpayers money by keeping those idiots there.

Thanks once again Zimba