Earliest date

[atier2guy]

Hello,

A friend of mine is asking the following question (which may also be of relevance to me at a certain point):

It seems like a new rule has been introduced, whereby the gap between entry clearance date & actual landing can be counted towards ILR.

The question is, would the "28 days" rule still apply?

Here is a concrete example:

Entry clearance date: June 24 2012
Landing date: July 22 2012

What is the earliest date to apply for ILR? (a) June 24, (b) June 24 minus 28 days or (c) July 22 minus 28 days (if the new rule does not apply to gaps less than 90 days).

Thank you

[Nauman786]

If person Granted Visa 02 September and Entered UK 22 Sep so can we count 28 days Before 02Sep as well?

[atier2guy]

Can you confirm again the above please?

My friend noted that a "knowledgable" colleague of his now noted that the earliest is either:
- The entry date - 28 days, or
- The visa "valid from" date (i.e. the 28 days concession does not apply in this case).

What do you think? Manci, Frontier Mole, Casa, Vinny?

In his case, if his visa was valid from June 24 2012 and entered on July 22 2012, what date do you all think he'll be able to apply?
I think the confusion stems from the fact this rule is quite new and not many have made use of it yet?

[Casa]

No earlier than 28 days before the corresponding date of entry.

[CR001]

It depends on which visa category your 'friend' is on. It is only for certain visas that the visa start date can be used, so unless you provide more detail, you won't get a valuable response.

Edit : for the visa categories that this does apply, it is NOT a new rule.

[atier2guy]

Hi Casa,

Does this take into consideration the rule recently introduced in April?

"Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK may be
counted toward the qualifying period. Any absences between the date of issue and entry to
the UK are considered an allowable absence."

iworker said that it's 28 days from visa validity.

[atier2guy]

Category is Tier 2 G

[CR001]

For Tier 2 G, it is the date of visa issue that he can use to count his eligibility for ILR.

[Casa]

For Tier 2 G, it is the date of visa issue that he can use to count his eligibility for ILR.

Thanks Char. I failed to check the visa category,

[atier2guy]

CR001, thank you.

Just to be sure, does that mean he can apply 28 days before the date of visa issue? i.e. May 27 2017?

For Tier 2 G, it is the date of visa issue that he can use to count his eligibility for ILR.

[CR001]

Yes, 'within 28 days' of visa issue date.

[CR001]

For Tier 2 G, it is the date of visa issue that he can use to count his eligibility for ILR.

Thanks Char. I failed to check the visa category,

Tea break due

[atier2guy]

Thanks a lot

You know with such hefty application fees, one has to make sure he is not applying too early and risk losing thousands of pounds!

Yes, 'within 28 days' of visa issue date.

[Casa]

For Tier 2 G, it is the date of visa issue that he can use to count his eligibility for ILR.

Thanks Char. I failed to check the visa category,

Tea break due

Ramadan...not until 21.20

[atier2guy]

Out of curiosity, which other categories this rule of "28 days from visa 'issue' date" does not apply to?

[CR001]

Out of curiosity, which other categories this rule of "28 days from visa 'issue' date" does not apply to?

It is only the Tier 1 and Tier 2 (not Tier 4) that this applies to.

Ancestry, spouse visa, long residence ILR, etc, it is counted from date of Entry.

[CR001]

Ramadan...not until 21.20

That is poopy!! I will have a cup for you then

[Casa]

Ramadan...not until 21.20

That is poopy!! I will have a cup for you then

Enjoy