28 days rule

[benneviss]

i want some one to help me with my query .

Details:-

Tier 1 -granted on 22nd May 2008 until 22 May 2011
Extension - applied in April 2011 granted on 20th June 2011

now my question is , Should I apply 28 days before 22 May 2013 or 20th June 2013?

My view is though I was legal resident after 22nd May 2011 , my visa was expired and had no visa until 20th June 2011 when my visa was extended.

Is is true that 5 years must be counted with valid visa permit and days between 22.05.2011 to 20.06.2011 should not be counted towards 5 years stay as ?

[ban.s]

now my question is , Should I apply 28 days before 22 May 2013 or 20th June 2013?

28 days prior to 22/5/2013 (I presume you entered to the country within 90 days from Tier 1 approval)

My view is though I was legal resident after 22nd May 2011 , my visa was expired and had no visa until 20th June 2011 when my visa was extended.

Is is true that 5 years must be counted with valid visa permit and days between 22.05.2011 to 20.06.2011 should not be counted towards 5 years stay as ?

As you applied prior to your visa expiry, your Tier 1 was extended by section 3C so yes, you had visa during the application and it will be counted toward your 5 year stay.

[benneviss]

Thanks ,

I applied tier-1 in the UK

but what is section 3C ,

now my question is , Should I apply 28 days before 22 May 2013 or 20th June 2013?

28 days prior to 22/5/2013 (I presume you entered to the country within 90 days from Tier 1 approval)

My view is though I was legal resident after 22nd May 2011 , my visa was expired and had no visa until 20th June 2011 when my visa was extended.

Is is true that 5 years must be counted with valid visa permit and days between 22.05.2011 to 20.06.2011 should not be counted towards 5 years stay as ?

As you applied prior to your visa expiry, your Tier 1 was extended by section 3C so yes, you had visa during the application and it will be counted toward your 5 year stay.

[ban.s]

3C continuation of leave pending variation decision

[sheraz7]

Yes your leave was extended by section 3C because you applied in time. And if you 1st time entered within 90 days then you can apply 28 days earlier from 22nd May 2008.

[zak786]

Yes your leave was extended by section 3C because you applied in time. And if you 1st time entered within 90 days then you can apply 28 days earlier from 22nd May 2008.

UKBA response on this might help. Please follow the following links:


https://www.whatdotheyknow.com/request/ ... ing-352231

and see also:

https://www.whatdotheyknow.com/request/ ... ing-373609