28 days rule and the super priority service

[yasir ali]

Hi,
I came to the UK on the 15th of January 2010 on a Tier 4 visa. Then switched to Tier 4 for masters in 2014 followed by switching to a Tier 2 visa in 2015. Then switched to tier 4 in 2016 to pursue PhD. Got married last year, the wife is In the UK on a PBS Tier 4 dependent visa valid until Jan 2021.

The few Questions I have are as follows.

1. Applying 28 days before the due date rule, I got my visa on the 3rd of Jan 2010 and I arrived in the UK on the 15th of Jan 2010. So when does that 28-day rule apply on me? Is it the 3rd or the 15th.

2. I will apply for ILR in Dec 2019, but I cannot find information about what happens to my wife's visa. Will it remain valid throughout? Or once I get my visa should I apply for her visa afterwards (ASAP) and under what category?

3. Our combined earning meet the minimum financial requirement of £18,600. So if I apply for her visa after I get my ILR, what route should I apply under? the five-year route or the ten-year route? My wife arrived in the UK only 3 months ago.

4. Will the time my wife is spending before my ILR count towards the 5-year or the 10-year route?

Thanks in advance

[CR001]

1. You can apply no sooner than within 28 days before the 10th anniversary of the date you ENTERED the UK.

2. She has to switch to FLR(M) and meet the English A1 and 318,600pa financial requirement.

3. FLR(M) 5 year route, 2 x 2.5 year visas. £1033 visa fee plus £1000 IHS plus whatever service you choose through Sopra Steria UKCVAS.

4. No, not for ILR based on 5 years residence. Yes for ILR based on 10 years as all visas count.

[yasir ali]

Thank you for your prompt response.
A few more questions please based on your reply.

1. If I apply for my wife through the premium service is the fee £800?

2. My wife is a medical doctor from India. She completed her MBBS from India in English and she also cleared IELTS academic and got 8 overall. Is she still required to do the English A1 test? However, she is doing her Plab exams and has not started practising yet in the UK.

Thanks a bunch.

[CR001]

1. Yes.

2. Possibly, I don't know. She can also do UK NARIC for her degree.

[yasir ali]

Hi,
I arrived in the UK on the 15th of January 2010. I have my current visa until next year, can I apply for ILR 28 days before.

According to my calculations, I came to the conclusion that the 19th of December 2019 is the date when I will be eligible. Can you please confirm this for extra peace of mind.

Secondly, If I apply on the 19th of December, what is the approximate biometric appointment date that I can get (willing to pay extra to earlier appointments) and can I submit my application before the 19th of December and get the biometric date for the 20th?

Lastly, the £800 Super priority service or the 24-hour service is no longer an option on the HO website, as there is a message which says,
"Service Update
We are currently experiencing high demand for appointments for our UK Visa and Citizenship Service Centres which means you may have to wait longer than usual for an available appointment. We are working closely with our partner Sopra Steria to ensure additional appointments are made available at sites across the UK as soon as possible. We apologise for any inconvenience caused and would like to assure you that you have up to 45 working days to book an appointment once your application form has been submitted."

So I was wondering is there a way to get the 24-hour service as I have still some time left for ILR and what are these 45 days HO is mentioning is this for the biometric appointment.

Is submitting through the normal service a good idea? I heard it can take up to 6 months for the outcome.

Sorry for the long message and Thanks in advance

[aman90]

17th Dec.
Fill out the application form. Start checking from 15th onwards for super priority option a few times a day and night. Submit and try to find biometric appointment 17th onwards. If ur comfortable financially you can pay for a premium lounge appointment for biometrics enrolment.
Standard service is advised at 6 months but it can be less OR more.
There is no guarantee that even after applying super priority you’d get the decision in 24 hour.
Personally if I had the option I would have gone for super priority

[yasir ali]

Thank you very much for your response.

[yasir ali]

I have filled the form and luckily got a super-priority service, SO I WENT AHEAD AND PAID FOR THE SERVICE, but my 28 days will be on 19/12/2019. I have not booked the biometric appointment yet as dates for the 19th of December are not available yet.

is it a problem that I have submitted the application form and already paid for it way before my 28 day period is due? (my current visa is valid until 2021) Although I will book my biometric appointment after the 19th of December?

Please advise. Thank you in advance.

[aman90]

I have filled the form and luckily got a super-priority service, SO I WENT AHEAD AND PAID FOR THE SERVICE, but my 28 days will be on 19/12/2019. I have not booked the biometric appointment yet as dates for the 19th of December are not available yet.

is it a problem that I have submitted the application form and already paid for it way before my 28 day period is due? (my current visa is valid until 2021) Although I will book my biometric appointment after the 19th of December?

Please advise. Thank you in advance.

Why on the earth did you do that?!
Was my response unclear that ur eligible from 17 Dec onwards?!
Well it’s done now.
It’s better to stick to the rules than trying to bend them. It wasn’t like ur visa was running out.
Yes.. its now in ur best interest to find a biometrics enrolment appointment within ur qualifying period.

[yasir ali]

I spoke to the Home office, and they said I won't get any refund if I try to withdraw it.
so I have two options: one is what you mentioned and the second is I speak to my credit card company and get the transaction cancelled.
please tell me what will be the consequences if i go ahead with the second option?
hoping for a quick response. thank you.

[aman90]

I spoke to the Home office, and they said I won't get any refund if I try to withdraw it.
so I have two options: one is what you mentioned and the second is I speak to my credit card company and get the transaction cancelled.
please tell me what will be the consequences if i go ahead with the second option?
hoping for a quick response. thank you.

Oh no.. it’s ok!
If it was a big problem I would have said so in my earlier post!
You need to be eligible on the day/date of decision.. which you shall be if you time the biometric enrolment according to ur eligibility.
Don’t worry!

[yasir ali]

I am just worried if the caseworker refuses on the grounds "at the time of application you were not eligible for ILR."

[aman90]

You didn’t think that when you were submitting the application?
Again I repeat, it’s alright.
Read the link below. Page 9. The caseworker will do what benefits you.
https://assets.publishing.service.gov.u ... .pdf#page9

[yasir ali]

I highly appreciate your comments.
But I cannot risk even the 0.001% probability of refusal. As 3k is on the line.

So, I will not book the biometrics appointment (on my application form HO mentioned "Attend an appointment to provide your documents and biometrics by 14 January 2020").

I will make a new application on the 17th of December and in the covering letter, I will mention that I mistakenly submitted another application before time, so please kindly consider this one over the last submitted application. (please let me know what else should be done for submitting another application)

In this case, I am comfortable for two reasons:
1. The certainty of getting ILR
2. The chances of getting my refund minus the admin fee.

Please let me know what you think.

Please no more laughing emoji's 3k at line cos of my mistake.

Thank you in advance

[aman90]

Is this acceptable?

I no longer have words to try to placate you more than I have tried above.
Read the links below. All these people applied early. None of them lost their money.


indefinite-leave-to-remain/submitted-be ... 47-20.html

indefinite-leave-to-remain/set-lr-appli ... 85408.html

indefinite-leave-to-remain/ilr-applicat ... l#p1797843

No more laughing emojis.. though I did laugh out loud on ur statement

[yasir ali]

Is this acceptable?

I no longer have words to try to placate you more than I have tried above.
Read the links below. All these people applied early. None of them lost their money.


indefinite-leave-to-remain/submitted-be ... 47-20.html

indefinite-leave-to-remain/set-lr-appli ... 85408.html

indefinite-leave-to-remain/ilr-applicat ... l#p1797843

No more laughing emojis.. though I did laugh out loud on ur statement

Hey Aman thanks for your help. I've been extremely stressed out and my brain is completely drained.

The links you've sent were extremely helpful and have convinced me to take your advice.

Much appreciated

[Khan7603]

Hi there,
My solicitor did the same thing as you had done, but he convinced me before applying earlier then 28 days, now you don't need to worry just do your biometric on 19 th dec it will be perfectly fine.

[yasir ali]

Hi there,
My solicitor did the same thing as you had done, but he convinced me before applying earlier then 28 days, now you don't need to worry just do your biometric on 19 th dec it will be perfectly fine.

Hey, Khan thanks a lot. Did you get the outcome of your application?

I did find a few more threads where it (applying earlier than 28 days) was successful.

indefinite-leave-to-remain/applying-ilr ... 79516.html

[yasir ali]

17th Dec.
Fill out the application form. Start checking from 15th onwards for super priority option a few times a day and night. Submit and try to find biometric appointment 17th onwards. If ur comfortable financially you can pay for a premium lounge appointment for biometrics enrolment.
Standard service is advised at 6 months but it can be less OR more.
There is no guarantee that even after applying super priority you’d get the decision in 24 hour.
Personally if I had the option I would have gone for super priority

Hi Aman,
I was thinking of adding a covering letter showing all my visa dates. So i need your advice here please if I should mention that I applied earlier than 28 days as I was not sure if I would be able to get a super-priority appointment around the 17th of December?

What is your opinion on this, please?

I also saw some posts where moderators have advised the applicants to mention the guidance para which quoted, regarding the caseworker should act in the benefit of the application...

[aman90]

My opinion is that- HO is very well aware of that para in the guidance that they published it themselves. So no- no need to call attention to it.
Do you have more than 30 absences that you need a cover letter.!?

[yasir ali]

My opinion is that- HO is very well aware of that para in the guidance that they published it themselves. So no- no need to call attention to it.
Do you have more than 30 absences that you need a cover letter.!?

I have only left the UK 5 times in the last ten years.

Secondly, I have booked a free appointment on the 19th of December 2019 and it gave me the option to upload your documents.
What do I do now? Can I upload the documents at the service centre? or if I am doing it myself when should I upload them. (I thought of uploading them on the 19th of December in the morning.)

Thirdly, regarding the documents checklist. The application form mentions the following:

1. Evidence you have to prove the relationship with Mrs AAAAAAA (for example marriage certificates), and correspondence addressed either to you jointly, or in both of your names, or addressed individually to you
at the same address, to cover the last two years.

2. Proof of Mr xxxxxx relationship status as the married or civil partner of Mrs AAAA.

3. Document(s) showing Mrs AAAA immigration status such as a passport, biometric residence card, or
vignette.

4. The degree certificate for Mr Yasir Ali to prove the level of English language required

5. Documents supporting my other reasons to stay in the UK (I MENTIONED SEE COVER LETTER when I was filling the form)

6. The passport issued by xxx for Mr xxxxxx

7. Current Biometric Residence Permit Mr xxxxxx.

8. All previous passports, travel documents or national identity cards that you have used to travel to or
remain in the UK.

FYI: MY WIFE IS ON A DEPENDANT VISA.

So, my question is do I have to upload all these documents? Although some of them seem irrelevant. Please let me know what should I do?

Thank you

[aman90]

I have only left the UK 5 times in the last ten years.

Then you don’t need a cover letter as all absences can be stated on form.

Secondly, I have booked a free appointment on the 19th of December 2019 and it gave me the option to upload your documents.

Free appointment is fantastic.

What do I do now? Can I upload the documents at the service centre? or if I am doing it myself when should I upload them. (I thought of uploading them on the 19th of December in the morning.)

Do it urself anytime before the 19th Dec eg today!


Thirdly, regarding the documents checklist. The application form mentions the following:

1. Evidence you have to prove the relationship with Mrs AAAAAAA (for example marriage certificates), and correspondence addressed either to you jointly, or in both of your names, or addressed individually to you
at the same address, to cover the last two years.

2. Proof of Mr xxxxxx relationship status as the married or civil partner of Mrs AAAA.

3. Document(s) showing Mrs AAAA immigration status such as a passport, biometric residence card, or
vignette.

4. The degree certificate for Mr Yasir Ali to prove the level of English language required

5. Documents supporting my other reasons to stay in the UK (I MENTIONED SEE COVER LETTER when I was filling the form

Do you have exceptionally complex circumstances?
What other reasons? Do you not fulfil the general criteria?


6. The passport issued by xxx for Mr xxxxxx

7. Current Biometric Residence Permit Mr xxxxxx.

8. All previous passports, travel documents or national identity cards that you have used to travel to or
remain in the UK.

So, my question is do I have to upload all these documents? Although some of them seem irrelevant. Please let me know what should I do?

Yes. List looks fine to me. Not national ID card though. What is irrelevant according to you?
There is no point in repeating uploads. Once shall suffice.
For urself: Eng Lang, Liuk, passports, BRP
For dependant: same as urs plus marriage cert + cohab docs.

[aman90]

It seems only you are applying for the moment( that’s what happens when posts are not kept in the same thread)
LR is an individual application and you do not ur dependants evidence attached to it.

[yasir ali]

5. Documents supporting my other reasons to stay in the UK (I MENTIONED SEE COVER LETTER when I was filling the form
"Do you have exceptionally complex circumstances?
What other reasons? Do you not fulfil the general criteria?"

No, not at all complex. I fulfil the general criteria. But I was not sure what to mention in that section, hence I added see cover letter.

My case:
15 Jan 2010 - 2014 tier4
2014 -2015 tier 4
2015 - 2016 tier 2
2016- Jan 2021 tier 4

I was never refused, never got any curtailment letter, always applied before the visa expiry and got visa with no issues Alhamdulillah.

That's why I asked as I was not sure if I need to mention anything regarding the reasons to stay in the UK. Question 1 Will not filling the reasons to stay in the UK a problem?

Secondly,
"For dependant: same as urs plus marriage cert + cohab docs."

my wife came over in Feb 2019, so I don't have two years proof. I have a joint electricity bill and separate bank statements. are two proof of address sufficient?

According to me, wedding-related documents to be irrelevant.

[yasir ali]

It seems only you are applying for the moment( that’s what happens when posts are not kept in the same thread)
LR is an individual application and you do not ur dependants evidence attached to it.

Yes, I am the only one applying at the moment. Ok, from my understanding, I will not submit my wife's documents in that case.

(I have used the same thread. Sorry if something doesn't seem appropriate. )