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'28 Days before' Rule for 10 Yr ILR

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nicsumm42
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Posts: 2
Joined: Wed May 24, 2017 4:38 pm

'28 Days before' Rule for 10 Yr ILR

Post by nicsumm42 » Fri Jul 27, 2018 1:26 pm

Hello all

About the time of the month that you get a question regarding the 28 days rule. I have spent an hour on google but could not find myself any definite answer, so hopefully, someone here can perhaps help me out.

Example:
One entered the UK on 31/07/2008 then left the country the next day for a month before returning (ie. 30 days absence at the beginning of the 10 Yr ILR calculation). Assuming (s)he would become eligible for 10 Yr ILR on 31/07/2018 by fulfilling all the requirements.

Introducing my case on that same example:
I do check all other boxes, except the 540 days absence limit. Let's say I have 550 days' absence, therefore my earliest possible ILR application date is pushed back by 10 days to 10/08/2018. (Every extra day I stayed beyond 31/07/2018 would reduce my 'absence' day by the same amount, as the exact same day 10 years ago was marked absent.)

My question is:
Can I still benefit from the full 'apply 28 days earlier' rule? (ie. the earliest possible application date is now 13/07/2018)
Or is that convenience occurs only once for those exact 28 days prior to 31/07/2018 (ie. the first time I met the 10 years target, regardless whether I met the other requirements)? Or in another word, if I made a fast-track application on 13/07/2018, would it be refused on the base of not meeting the '540 days absence' requirement?

In reality, by the time I meet my 10 Yr ILR requirement, I would have stayed in the country for more than 11 years. So in essence, I am asking whether I can still take advantage of the '28 days' rule if my priority is NOT meeting the 10 years target, but clearing my '540 days absence' issues.
So if I am on the border of meeting all the requirement, does it mean the earliest I can apply is (28-x) day before the requirement-meeting date, with x being the few extra absence days beyond the 540 days limit.

Many thanks!

nicsumm42
Newly Registered
Posts: 2
Joined: Wed May 24, 2017 4:38 pm

Re: '28 Days before' Rule for 10 Yr ILR

Post by nicsumm42 » Fri Jul 27, 2018 1:47 pm

I can't seem to edit my thread but I meant to say in the last paragraph:
"if I am on the border of meeting all the requirement and the first couple of weeks are marked absent in the calculation period. Does it mean the earliest I can apply is (28-x) day before the requirement-meeting date, with x being the few extra absence days beyond the 540 days limit."

Apologies for the mess.

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