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The 90 days concession between the visa grant date and landing date is the discretion of the CW and not a Rule, so keep that in mind.zap wrote:Hi,
I would appreciate people's advice on my situation, I am going to apply
for my ILR in Feb/Mar-2012 but not sure exactly when? I could not find
anything clear on UKBA website
My visa expiry on 15th Feb-2012 but I landed on 23rd March so 5 years
from date of landing expiring on 23rd March-2012, approx. 36 days
difference between these dates!!
If I apply 28 days before 15th Feb, do I get qualified?
If I apply 28 days before 23rd Mar, what about my legitimate stay after
visa expiry date (e.g.after 15th Feb!!)
Thanks
What does the guidance say? as far as i know it uses a word called "may" and that means discretion. if it was truly a rule shouldnt it say that the gap of 90 days will be ignored provided applicant meets all other applicable criteria!Lucapooka wrote:How do you define at the discretion of the CW? Are you suggesting that if your case is assigned to Bert (who inclines to leniency) rather than Ernie (who inclines to strict adherence to the rules), one might not be granted? The guidance says that it is permitted for this concession to be applied and I can't see under what circumstances it would not be, assuming the rest of the application met the rules.