28days rule before visa expiry in UK (Most Urgent)

[tariq_sohaib]

I got an offer for postgraduate studies from a university, the kick off date of the course is 22th of September 2014, but my visa expiration date is 24th of August 2014, My query is this,
Do I meet the 28days gap requirement between course start date and visa expiry date set out by ukba and home office? I request the experts on this site, while counting on my gap period, should remember that my visa is valid up to the 24th of August 2014 (included), the month of August is of 31 days and the course start date is 22th of September 2014 (Monday).

My second query is,
According to,”Tier 4 of the Points Based System – Policy Guidance” Tier 4 Version8/14 Students applying from inside the UK
Paragraph “113. If you are applying to continue your studies in the UK, your new course must start within
28 days of the expiry of your permission to stay or, if you have overstayed, within 28 days of
when that period of overstaying began”.

But, According to, Home Office Tier 4 Guidance –Tier 4 –v24.0 Valid from 01 August 2014
This guidance is based on the Immigration Rules
Tier 4 (General) requirements -paragraphs 245ZT-245ZY of the Immigration Rules
To be granted leave as a Tier 4 (General) migrant a person must:
"not be applying for leave for a course that starts more than a month after their current
leave expires(if applying in the UK)."
I have given the reference of Policy Guidance first from Gov. UK and 2nd form Home office, why is there a deviation between these and which one we should follow? Thanks!

[riz1986]

you are just about right !

Your visa expire 24 Aug (Sunday) and new course start 22 Sep (Mon) Exactly after 28 days so if u post ur application on Sat 23rd or in some cases the post offices are open on sunday 24th Aug u shld be okay ! As date of application is counted from date of post mark.

[tariq_sohaib]

Thanks for your response, but i am not satisfied. can i not apply before 23rd or 24th of August 2014? My question was that if i meet the requirement of 28 days according to the calculation of number of days.
My second part of the question was about the defiance of the same rule from two different sources, Why there is a contradiction of gap between both the sources?

[riz1986]

Well y u want to apply early ? as long u apply before ur current leave expire u shld be okay .
Home Office can answer this lol

[tariq_sohaib]

Thanks! Riz,
I am yet not open about my question. It's my fault because i am a little bit hard to understand things. I appreciate your efforts.

[tariq_sohaib]

Now I invite and request all the stalwarts of this situation to clarify my question.

[Frontier Mole]

The guidance and the policy are at odds. Officially it is 28 days BUT the caseworker guidance states one month.
This has been argued on this site a couple of times before.
You are not going to get a visa refused based on 29 days since expiry of visa to new start date for the course.
The benefit of the doubt is given as there is no way a court is going to consider it reasonable to refuse a visa where there are two published definitions amounting to no more than 3 days difference.

If the caseworker guidance changes to 28 days then that will fix that timescale in place until that happens one calendar month is acceptable.