Can Visit Visa Count As Residential Qualifying Period?

[cctv_man]

cctv_man, undoubtedly supply that proof, that you were physically in the UK during those dates in January 2008.

You mean thats enought proof and that will wrok, am i right?

[Wanderer]

cctv_man, undoubtedly supply that proof, that you were physically in the UK during those dates in January 2008.

You mean thats enought proof and that will wrok, am i right?

No guarantees when it comes to UKBA!

[cctv_man]

No guarantees when it comes to UKBA!

what do u mean? when it come to UKBA.

[cctv_man]

i just need to ask the day of ARRIVAL and the day of DEPARTURE how the ukba treat them i mean arrival day is count and departure day is absent or its somthing else. pleas correct me thanks.

[John]

You count only the days that you are totally outside the UK, from midnight to midnight. Accordingly if you leave the UK on a Monday and return the following Friday, that is just 3 days outside the UK, the Tuesday, Wednesday and Thursday.

Please do check the day counts I provided, and in respect of the time after you moved to the UK, provide an accurate count.

[cctv_man]

You count only the days that you are totally outside the UK, from midnight to midnight. Accordingly if you leave the UK on a Monday and return the following Friday, that is just 3 days outside the UK, the Tuesday, Wednesday and Thursday.

Please do check the day counts I provided, and in respect of the time after you moved to the UK, provide an accurate count.

thanks john i got you. i never told you that i am going this summer for 4 week holiday out of the uk so it means the next possible date will be 25the feb for applying coz i visited uk that time(2008) FEB 26 to FEB 28.

i just need to ask you if i post my documents on thurday 24th feb 2011 and homeoffice will receive it on 25th feb 2011 and that is friday so wht do u think it will work as qualified period coz i arrievd (3 yr ago) at 7:00 26th feb 2008 on ,i was bit confused but i red the guide and they gave an example aswel which is................

Start of the residential qualifying period

The residential qualifying period will be worked out from the day we receive your application. Most unsuccessful applications fail because the applicant was not present in the United Kingdom at the beginning of the residential qualifying period. You must make sure you meet this requirement before you make your application. For example, if we received your application on 25 November 2005, you would have to show that you were in the United Kingdom on 26 November 2002.

[John]

I am not sure of the policy of UKBA where the start of the qualifying period is a day you actually left the UK or indeed a day when you returned to the UK. I think it would be unsafe to assume that UKBA will be OK doing that. Do appreciate that UKBA have no discretion about this particular rule. It is either passed or failed.

So I don't think you can use that period in February 2008, because the only day when you were wholly in the UK is 27.02.08, which is a Saturday. And I think we should assume that there will be no postal delivery that day. If you post it on the Friday, it will be delivered on the Monday .... too late for you!

But I would say, stick with the January application previously suggested. How? Because whilst the rule is officially a 270 day limit in the 3-year period, in practice the instructions to UKBA say that where the day count is no more than 300 days then they should exercise a discretion in favour of the applicant.

Alternatively if you don't want to rely upon that discretion, take a look at using the next visit, after the February one.

[cctv_man]

the strange thing is the next date is also on weekends wihch is april 9th , 10th , 11th of 2008 anyway thanks for your time and your usefull opinion.
i am goning to email to UKBA and will ask what is the procedure and how they treat the day of arrival.

thanks you very much john.

[shahrazad00]

Wanderer, I also know of people of who have been Naturalised as British, when including time in the UK on a visitor visa.

But as regards "I'd argue tho that a visit visa isn't 'residency' and shouldn't be counted, surprised the UKBA haven't cottoned on that yet...", you are, frankly, trying to rewrite the rules. Rather than thinking in terms of "residency" you should be thinking in terms of "presence in the UK" ..... indeed legal presence in the UK.

The problem for cctv_man is that numerous short visits to the UK will potentially cause a problem, relating to the 270 day rule, which is why I asked for the exact dates.

To MR John (Moderator) I NEED YOUR HELP, I THINK YOU ARE THE LAST HOPE TO ME.. I HOPE YOU CAN GET BACK TO ME AS I CANT FIND A WAY TO CONTACT YOU..
SHAHRAZAD

[John]

So just post your question in this topic.