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This is why I'm specifically trying to get clarification on which specific date counts as the completion of the 5 years of qualifying period and how to count the 28 days before that.• any date up to 28 days after the date of application
I'll do it this way. I take it then that the biometrics appointment is the actual, final "application" date as opposed to when I submit the online form then?
I saw that and I've read it many times but I don't understand how I can conclude the application date isn't important based on it.zimba wrote: ↑Wed May 08, 2024 10:52 amHow to apply early and benefit from the date of the ILR decision ?
Then my question is where is this eligibility defined in the guidance or any other document?
meaning, if the application date (specifically application, not decision nor biometrics) is on or after the date of "5 years - 28 days" then it's valid. It does not say the same thing for the decision date, and I don't see any mention of the biometrics appointment.You must count backwards from whichever of the following is most beneficial to the applicant to see whether they meet the qualifying period:
(...)
• any date up to 28 days after the date of application
There is no such thing as the 28-day rule at all, it is a historical concession that UKVI offers. People with little to no experience with the immigration system are always confused by this as they want a simple place to look this up and routinely want to see such a 'rule'. I am afraid this requires lots of experience with the system and a proper understanding of lawful residence as well as section 3C of the immigration act and the immigration procedures. You want the immigration system to be simple and everything to be explained in a simple way in the guides and easy to find but I am afraid it is not always that simple. I tried to cover the grounds and justifications for how everything comes together in my post on applying early.dx_ wrote: ↑Tue May 14, 2024 11:56 amI think I've had similar confusion to OP. I understand that everyone always says 5y-28d, and I acknowldge above that you say it's a common practice to book biometrics within this 5y-28d timeframe.
However, ILR guideance always says "5 years lawfully in the UK" (e.g. https://www.gov.uk/government/publicati ... ous-period), and it's only when referring to counting back from the date of application that 28 days is mentioned, and that isn't mentioned for date of decision.
Is this just a case of this being approved on 5y-28d of the date of decision not being explicitly stated in the rules, but in practice tends to happen anyway?
This gives you effectively the same result as counting the lawful residence from a date that is beneficial to you (like the date of decision), which is a slightly different but much better view of such concession as expressed in the current guide. In a nutshell, a shortfall of up to 28 days is not an issue for the grant of ILR.Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period. However, the specified continuous period is
always counted backwards from the date the ILR application is submitted. For
example, if an applicant would have reached the end of a specified 5 years with
leave in a qualifying route on 30 November 2016 and they apply on 11 November
2016, the consecutive periods would be as follows:
Page 15 of 25 Published for Home Office staff on 06 April 2017
year 1 – 11 November 2015 to 12 November 2016
year 2 - 11 November 2015 to 12 November 2014
year 3 - 11 November 2014 to 12 November 2013
year 4 - 11 November 2013 to 12 November 2012
year 5 - 11 November 2012 to 12 November 2011
The applicant may not have had leave in a qualifying route for up to 28 days at the start of Year 5 (in this example, between 11 November 2011 and 29 November 2012). This is acceptable.
I will submit my application on or after 5 years - 28 days and base the rest of the process from there.the specified continuous period is always counted backwards from the date the ILR application is submitted
Right, so that would be because of the concession that the HO/UKVI make that making a decision 28 days before the actual completion of the qualifying period is acceptable, regardless that the caseworker guidance as of today only instructs to count 28 days from the date of application.
It's not a problem, if it was, you would have gotten a fine a while back. You can decide to return it or keep it as a souvenir. Not sure it matters much at this stage.gjim83 wrote: ↑Thu May 23, 2024 10:11 amI am about to apply for 5 year SWV ILR. When my SWV was renewed in 2022 I was given an eVisa, not a new BRP. I did not receive instructions from UKVI nor my employer's immigration solicitors to return the old BRP that was about to expire (I have checked many times, 100% sure of this). I was not aware until recently that most people are told to cut it up and return their old BRP when they have an extension of some sort, or naturalisation (just not something that normally comes up in coversation with other immigrants).
Should I proactively return it before I submit my ILR application, or should I explain I still have it and I can return if instructed to do so?
In either case if I send it or not, I was considering attaching a cover letter about this topic and attaching a copy of the UKVI letter of SWV renewal where it shows no instructions to return it were given.
While I don't doubt that's how it works in practice, unfortunately my brain would make me too paranoid to make something up about already having returned it I'd spend the whole time waiting for a response incredibly anxious.TerryGH wrote: ↑Thu May 23, 2024 11:41 amNo one tracks returned BRPs. You can always say you sent it, Royal Mail loses thousands of letters every year, HO have no means to check if you really sent it.
The only way for HO to issue a fine, if they catch you using the BRP which was supposed to be returned. As long as you don't use it, there will be no issues.