Confusion

[xyz111]

Hi All,

There is a confusion about 28 days rule to me please could you clarify.

Out of country work permit date stamped: 02/07/2008
Entered UK: 08/08/2008 [less than 90 days]
Switched to Tier 1 (G): 01/07/2009
Tier 1 (G) Extension valid until 14/01/2014

I will be completing my 4 years 11 months in June 2013 and have booked PEO appointment for 05/06/2013.

Now two questions:

Q1: My visa doesn't expire until January '14 so can I still use 28 days rule and apply for ILR completing 4 year 11 months in June 2013? OR I have to complete FULL 5 years??

Q2: Data chosen 05/06/2013, is it Ok?

Thanks.

[stokbrig]

I think you can,however,I've read different stories about this issue ( when you still have extant leave)! I would suggest you to contact the border agency to get a confirmation and please let us know. good luck

[xyz111]

I think you can,however,I've read different stories about this issue ( when you still have extant leave)! I would suggest you to contact the border agency to get a confirmation and please let us know. good luck

Spoke to a couple of advisors from Immigration Enquiry Bureau this morning and they said I can apply 28 days prior 5th anniversary (while taking into account 3 months concession period) and also can ignore the fact that have visa beyond 5 year completion date (either from EC date or Arrival date)...No reference to any HO documents was mentioned though!!!!

Is there any reference availabel that will put things at ease...!!

Thanks.

[Manka10]

looks like visa processing previously had taken much longer for you, is that the reason why you have so much leave remaining after finishing the 5th anniversary on T1 ?

since leave under 3C is counted as legit, no other documentation is required, i agree with the advisers that you can apply 28 days before the 5th anniversary

[stokbrig]

I think you can,however,I've read different stories about this issue ( when you still have extant leave)! I would suggest you to contact the border agency to get a confirmation and please let us know. good luck

Spoke to a couple of advisors from Immigration Enquiry Bureau this morning and they said I can apply 28 days prior 5th anniversary (while taking into account 3 months concession period) and also can ignore the fact that have visa beyond 5 year completion date (either from EC date or Arrival date)...No reference to any HO documents was mentioned though!!!!

Is there any reference availabel that will put things at ease...!!

Thanks.

Well done..thanks

[xyz111]

looks like visa processing previously had taken much longer for you, is that the reason why you have so much leave remaining after finishing the 5th anniversary on T1 ?

since leave under 3C is counted as legit, no other documentation is required, i agree with the advisers that you can apply 28 days before the 5th anniversary

Thanks.

I completed 1 initial year on work permit (issued out of country) and then switched to Tier 1 (G) in country. I extended Tier 1 around 8 months earlier than expiry of leave to remain on Tier 1. Still I have around 6 months after 5th anniversary (while taking into account concession + 28 days application date factors). Is everything Ok there?

Thanks.

[stokbrig]

looks like visa processing previously had taken much longer for you, is that the reason why you have so much leave remaining after finishing the 5th anniversary on T1 ?

since leave under 3C is counted as legit, no other documentation is required, i agree with the advisers that you can apply 28 days before the 5th anniversary

Thanks.

I completed 1 initial year on work permit (issued out of country) and then switched to Tier 1 (G) in country. I extended Tier 1 around 8 months earlier than expiry of leave to remain on Tier 1. Still I have around 6 months after 5th anniversary (while taking into account concession + 28 days application date factors). Is everything Ok there?

Thanks.

I have around 18 months after 5th anniversary! however I 'm going to apply next month 28 days before the 5th anniversary.