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When is "28 days before"?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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JohnOhn
Junior Member
Posts: 84
Joined: Fri Mar 29, 2013 10:18 am

When is "28 days before"?

Post by JohnOhn » Mon Jan 08, 2018 12:12 pm

I realize this may be a silly question, but I'm wondering when I can apply for ILR based on the "28 days before" 5-year timeline.

The 5th year of my Tier 1 visa expires on March 20, 2018. From what I understand of the rules, I can apply for ILR 28 days before that date is reached.

But is that "28 days before" INCLUDING or EXCLUDING the day my visa expires? For example, since February 2018 has 28 days in it:

• "28 days before" and INCLUDING March 20, 2018 would be February 12, 2018.
• "28 days before" and EXCLUDING March 20, 2018 would be February 11, 2018.

So which date is it?

Thanks for the help!

krisbol17
Junior Member
Posts: 79
Joined: Mon Oct 16, 2017 11:08 am
Wales

Re: When is "28 days before"?

Post by krisbol17 » Mon Jan 08, 2018 12:42 pm

...30 | 29 | 28 | 27 | 26 | ... | 3 | 2 | 1 | EXPIRY DATE

There seems to be a lot of confusion about "28 days" within expiry date. 28 days is the EARLIEST day you can apply and expiry date on your visa is that LATEST day you can apply. In the example above, if you apply on day 30 or day 29, you will be too early.

In other words, count day of expiry as DAY 0, work backward until DAY 28. You can apply within that period.

That's my understanding of it unless someone else has a better way of explaining.

vinny
Moderator
Posts: 32938
Joined: Tue Sep 25, 2007 8:58 pm

Re: When is "28 days before"?

Post by vinny » Mon Jan 08, 2018 12:48 pm

You may apply for ILR no sooner than 28 days prior to the completion of your qualifying period, i.e. prior to the 5th anniversary of your initial visa date or initial entry date (if greater than 180 days from initial visa date) and preferably before your leave expires.
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