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ILR 28 Days rule 5 year route

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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ayugupta87
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ILR 28 Days rule 5 year route

Post by ayugupta87 » Sun Apr 10, 2022 6:25 pm

Hello, this question has been answered many times but slightly confused on 28 days ILR rule on 5 year tier 2 work visa.
See below dates options:
Option 1: Visa issue date (On letter received when visa was arrived) - 22 June 2017, so 5 years will be 22 June 2022 minus 28 days = 25 May 2022
Option 2: Visa valid from (On passport Vignette) - 26 June 2022, so 5 years will be 26 June 2022 minus 28 days = 29 May 2022
Option 3: Entry date (Stamp) - 02 July 2017, so 5 years will be 02 July 2022 minus 28 days = 4 June 2022.
Visa expire date: 16 July 2022.
As per my understanding, option 2 is ok and the difference between 02 July 2017 to 26 June 2017 can be shown as absence from the UK. Can someone please confirm my understanding? Thank you in advance

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zimba
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Re: ILR 28 Days rule 5 year route

Post by zimba » Mon Apr 11, 2022 2:16 am

I have repeated many many times here that there is no such a thing as the 28 days rule. It is simply a concession provided by the home office for all ILR applications where you can get ILR without completing the whole 5 years. Using first visa issue date (option 2) is correct
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ayugupta87
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Re: ILR 28 Days rule 5 year route

Post by ayugupta87 » Tue Apr 12, 2022 9:03 am

Thanks Zimba, really appreciate your help.

That's what I mean by 28 days rule (just terminologies), that how to exactly take the benefit of this 28 days period.
You said in your response "first visa date" but then "option 2". Can I ask you to please double check as first visa date will be option 1?

Thanks in advance.

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zimba
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Re: ILR 28 Days rule 5 year route

Post by zimba » Tue Apr 12, 2022 2:44 pm

I'd say use the visa vignette date to be safe
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

ayugupta87
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Re: ILR 28 Days rule 5 year route

Post by ayugupta87 » Tue Apr 12, 2022 3:01 pm

Perfect, thank you!

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