Clarification on 28 days rule

[leo55]

Dear Gurus,
Just wanted clarification on the date I can apply for ILR (LR) considering the 28 days rule.
For Instance
Date of Arrival to UK: 4th July 2010
When can I apply for ILR? 6th June or 7th June 2019

Thanks

[zimba]

If you arrived in 2010 then you cannot get ILR under long residence until 2020. It will be 6 June 2020 the earliest

[leo55]

Thanks Zimba for your reply.

I made a typing mistake. Date of arrival was 4th July 2019.
It means the earliest I can apply on 6th June 2019

[CR001]

Thanks Zimba for your reply.

I made a typing mistake. Date of arrival was 4th July 2019.
It means the earliest I can apply on 6th June 2019

[leo55]

Hi Gurus,

I have some confusions with regard to the application of my Spouse visa.

I applied for Tier1 extension along with my spouse. It is still pending. My 10 years going to be completed in June and I will apply ILR (LR) if I don’t get decision of my current application.
I understand that it has been discussed here many times to apply for dependent visa at the same with cover letter stating to HO, not to decide dependent application until main applicant application has decided.

However my friends suggested me to apply for ILR first and once I get the ILR, I can apply for my spouse (dependent) visa. I am not sure if they are right?

Questions are

• Will she not be overstayed and section 3C breaks If I don’t apply her visa along with my ILR application?
• If I don’t meet the financial requirements for spouse visa, can I apply for FLR(FP)? And how long will it take?
Thanks in advance

[CR001]

Will she not be overstayed and section 3C breaks If I don’t apply her visa along with my ILR application?

You will need to vary her application at the same time. If your ILR is granted based on long residence, her PBS extension will likely be refused as she doesn't qualify for the PBS dependent extension.

If I don’t meet the financial requirements for spouse visa, can I apply for FLR(FP)? And how long will it take?

Yes, it will be a 10 year route to ILR (4 x 2.5 year visas). £1033 visa fee plus £1000 IHS.

[leo55]

Thanks for reply, much appreciate.

If I apply for FLR (FP) on the same day when I apply for my ILR(LR)

• Is there any 3 months maintenance requirement?
• She joined me back in 2016, so the time she has spent till today would be reset to zero or Will it be counted towards the ILR (LR)

[CR001]

Thanks for reply, much appreciate.

If I apply for FLR (FP) on the same day when I apply for my ILR(LR)

• Is there any 3 months maintenance requirement?
• She joined me back in 2016, so the time she has spent till today would be reset to zero or Will it be counted towards the ILR (LR)

Note you have to vary both applications.

No maintenance funds. This is ONLY for PBS routes.

All visa count for long residence.

[leo55]

Hi,
I am waiting for decision of my tier1 extension application, and if don’t get it in next 3 weeks, I will be eligible to vary my application from tier1 Ent to Set LR. However, I have some confusion with my dependent English test.
• My dependent has not done the English test due to not having original passport as it is with home office. I know it has been discussed here to request passport from office for the English test. However, when I go to

https://eforms.homeoffice.gov.uk/outrea ... ments.ofml

It says
“Your form will be rejected if you do not hold valid leave to enter/remain in the UK or you have made an application for further leave to remain before the expiry of your leave to enter/remain but your previous leave has now expired. This is because in these circumstances your documents will only be returned to you if you intend to make a voluntary departure from the UK”.


I don’t understand why my request will be rejected despite of the fact that I made on time application before expiry of Tier1 visa.

Can someone please help me if I can request passport from home office?

Or is there is any other way or process I need to follow?