28 days rule

[lapen123]

Hi All,

I have confusion on 28 days rule.
I was granted WP & LTR on 13/02/04 in UK and I was not required to leave the country at the time. I complete my 5 years on WP on 12/02/09, the day my LTR runs out.

I contacted HO in December 08 to book an appointment for ILR application in person and informed them that my LTR is running out on 12/02/09. They gave 15/01/09 as appointment date & told me that’s the earliest I can apply.

Now, my colleague who has recently got ILR is arguing that I can only apply on 16/01/09. He has arrived on the date by calculating 28 days from 13th February. Furthermore he thinks that HO can refuse my application on this point.

Could someone please clarify this for me? I am bit anxious as my appointment is just next week Thursday.

Thanks

[test001]

I think you would be fine to apply on the 15th.. It is 28 days. easiest rule to calculate is - add 3 to your arrival date if the month is 31 days or 2 if the month had 30 days -

[shahidsuri]

Hi All,

I have confusion on 28 days rule.
I was granted WP & LTR on 13/02/04 in UK and I was not required to leave the country at the time. I complete my 5 years on WP on 12/02/09, the day my LTR runs out.

I contacted HO in December 08 to book an appointment for ILR application in person and informed them that my LTR is running out on 12/02/09. They gave 15/01/09 as appointment date & told me that’s the earliest I can apply.

Now, my colleague who has recently got ILR is arguing that I can only apply on 16/01/09. He has arrived on the date by calculating 28 days from 13th February. Furthermore he thinks that HO can refuse my application on this point.

Could someone please clarify this for me? I am bit anxious as my appointment is just next week Thursday.

Thanks

I think you can only apply for ILR when you complete your 5 years after entering the UK - not when you got your Visa/EC stamped. You have mentioned the date when you got ur Visa stamped but you haven't mentioned what date you entered UK. The 28 rule does apply but the 5 year clock starts after your first entry.

[anjali_devi]

I have used this to get my ilr and it worked for me

http://www.timeanddate.com/date/dateadd.html

[test001]

This will clarify all the doubts -

Go to the URL - http://www.ukba.homeoffice.gov.uk/sitec ... to1108.pdf

go to page number 3

5 WHEN TO APPLY
You and any dependants who are applying with you
should apply before the end of your/their permitted stay
in the UK. There is a qualifying period to complete in
most of the categories on this form. That period runs
from the date on which you were granted leave to enter
or remain in this capacity. Please do not apply more
than 28 days before completing that qualifying period.
If you apply earlier than that, your application may be
refused. If that happens, we will not refund the fee and
you will have to pay again when reapplying.
It says clearly that the period runs from the date on which you were granted leave to enter. Leave to enter is granted on the date you come into the UK not the day your Visa starts from.

Hope this helps.

[OFCHARITY]

I was granted WP & LTR on 13/02/04 in UK

the poster mentioned that he got his LTR in the UK, thus his qualifying date starts on the 13/02/04. Date of first entry to the UK is not relevant here since he was already in the UK.

[test001]

Hi lapen123

Did you get your ILR today?