28 days before submission application,under 10 year ILR.

[helloimran]

Dear Respected Members
Hope you are all doing well.
I am going to apply ILR under 10 years rule in next week.
I came to UK on 14/03/2001 and 10 years will be completed on 14/03/2011.
My duration 7.5 years students and 3 years tier 1 general.
My question is that can i apply 28 days before (14/02/2011) the qualify date (14/03/2011)?
I heard many rumours that 10 years ILR is a discretion visa, home office can refuse the application on the basis of that 10 years is not completed yet if i apply 28 days before 14/03/2011.
Thanks....

[vinny]

See also Long residence.

[internev29a]

Brother Imran,
I am applying under the same category as yourself that is 10years Long residence Form type Set(O).
I have read chp 13 of the immigration directorate instructions and it is not mentioned anywhere in IDI13 that you definately need to complete 10yrs exact before you can apply for ILR plus both the settlement page & the set(O) page of the UKBA website specificly say that you can apply ONLY 28 days before the day you become eligible to apply, if you apply more than 28 days before, they MAY refuse your application with no refund.
As far as discretion is concerned, it is used if you have a gap E.g between visa renewals or you have stayed abroad for more than the specified amount of time (usually not more than 10days gap that is). A discretion should then be used if everything else is OK.
If you came to UK on the 14/03/2001 then you will be qualified on 13/03/2011. Take 28 days off it and you have your 28days grace period

Hope this helps.

Zeeshan