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28 days Rule for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix

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daisy80
Junior Member
Posts: 81
Joined: Thu Dec 10, 2009 10:22 am

28 days Rule for ILR

Post by daisy80 » Wed Mar 28, 2012 9:19 am

Hi,

I my intial work permit visa was stamped on 17-may-2007

I have arrived in uk on 20 may 2007.

Currently i am on tier1 visa which is valid until 23-feb-2013

can i file my ilr visa on 19-apr-2012 which is 28 days before the 17-may-2007 VISA STAMPED DATE


Please advise if am a correct on the 28 days rule

thx
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chosenaik
Member
Posts: 214
Joined: Mon Jan 10, 2011 1:51 pm

Post by chosenaik » Wed Mar 28, 2012 9:44 am

Yes you can apply 28 days before the day the visa was granted (as you entered with in 28 days)
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push
Moderator
Posts: 3530
Joined: Thu Jun 21, 2007 1:32 am
Location: London
United Kingdom

Post by push » Wed Mar 28, 2012 10:24 am

chosenaik wrote:Yes you can apply 28 days before the day the visa was granted (as you entered with in 28 days)
that should say- (as you entered with in 3 months of EC approval)
regards,
push
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selva
Member
Posts: 204
Joined: Wed Aug 17, 2011 3:21 pm

Re: 28 days Rule for ILR

Post by selva » Wed Mar 28, 2012 11:10 am

daisy80 wrote:Hi,

I my intial work permit visa was stamped on 17-may-2007

I have arrived in uk on 20 may 2007.

Currently i am on tier1 visa which is valid until 23-feb-2013

can i file my ilr visa on 19-apr-2012 which is 28 days before the 17-may-2007 VISA STAMPED DATE


Please advise if am a correct on the 28 days rule

thx
Yes, I think so, but to be 100% safe, I would go for 23 April 2012
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Lucapooka
Respected Guru
Posts: 7616
Joined: Sun Aug 14, 2011 10:30 am
Location: Brasil

Re: 28 days Rule for ILR

Post by Lucapooka » Wed Mar 28, 2012 11:13 am

daisy80 wrote:
can i file my ilr visa on 19-apr-2012 which is 28 days before the 17-may-2007 VISA STAMPED DATE
No, you can file 28 days before the the 20th May (the day you entered the UK). You can`t use the 3 month concession mentioned in other posts as you still have sufficient leave to complete your residence period (there is no shortfall) and you switched categories ( so were not granted leave in one single category).
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selva
Member
Posts: 204
Joined: Wed Aug 17, 2011 3:21 pm

Re: 28 days Rule for ILR

Post by selva » Wed Mar 28, 2012 1:51 pm

Lucapooka wrote:
daisy80 wrote:
can i file my ilr visa on 19-apr-2012 which is 28 days before the 17-may-2007 VISA STAMPED DATE
No, you can file 28 days before the the 20th May (the day you entered the UK). You can`t use the 3 month concession mentioned in other posts as you still have sufficient leave to complete your residence period (there is no shortfall) and you switched categories ( so were not granted leave in one single category).
As Lucapooka mentioned you cant apply on 19-April 12

Applications that fall short of the five year continuous period
In some cases, applicants may have been granted five years continuous leave, but due to
delayed travel will not have spent five years continuously in the UK before their current leave
expires. Caseworkers may count the period between entry clearance being granted and the
date the applicant entered the UK towards the five years, provided this period was not
longer than three months.

As I mentioned before you can apply on or after 23-04-12
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