Long-residence ILR application - 28 day rule - technicality

[mousegirl]

Hello

I am about to apply for ILR under the 10-year long residence process. I meet all the requirements and am applying less than 28 days before my 10 year qualifying period is complete.

The guidance on the long-residence process is quite clear about applying 28 days before your 10 year qualifying period is complete:

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.
(Long Residence Guidance v15, p 13)

But I have noticed in the guidance document "Indefinite leave to remain: calculating continuous period in UK" (which says it is for calculating 5 year continuous lawful period on p.3, and is silent on the 10 year long residence route) there is this:

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period. However, the specified continuous period is always counted backwards from the date the ILR application is submitted. For example, if an applicant would have reached the end of a specified 5 years with leave in a qualifying route on 30 November 2016 and they apply on 11 November 2016, the consecutive periods would be as follows:

If I count back 10 years from the date of my application, I will have been outside of the country for 544 days during the qualifying period and so breach the 540 days rule, rather than under 540 days for the 10 year period up to the date I am specifying as my 10 year period (but applying 13 days early).

I think I am in the clear as the Long Residence guidance seems fairly clear on this point and the other guidance is only for the 5 year process, but do not want to get red flagged for a technicality.

Can anyone give me some clarity / certainty on this point?

Many thanks in advance!

[iworker]

The 10 year qualifying period start on the date of entry and not the start of visa. So make sure u are applying 28 days before the entry to uk and not just the start date.
For the absences, exclude the flying out day and flying back in day, which can reduce the number of days outside uk, if u have not already done so.

[mousegirl]

Thanks iworker.

Yes no issues around the 10 year period - I've actually been in the UK for 10 years and 10 months. What I'm waiting for is a continuous 10 year period with fewer than 540 days outside the country.

The issue is whether the period UKVI counts for the purposes of calculating my 10 year qualifying period is from the date of my application, or from the date I am specifying as the end of my qualifying period (I am applying 13 days early ie 13 days before I have reached a continuous 10 year period with fewer than 540 days outside the UK).

Like I said above, it looks like the Long Residence ILR guidance is clear on this point (that I would be applying 13 days early) but the 5 year guidance has a different rule.

Any advice on this specific point?

[mousegirl]

Also thanks for the steer on days outside the country, I have excluded the days in and days out already but it's an important point!

[iworker]

is your visa expiring? why cant u wait for another 13 days before applying.
If i were u, i would try to be safe and not apply till ur days outside is less than 540, or otherwise i will post my application