Calculating the specified continuous period

[jafersadeq]

Indefinite leave to remain: calculating continuous period in UK
Version 16.0
Page 9 of 18 Published for Home Office staff on 11 January 2018

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
¥ the date of application 

¥ the date of decision 

¥ any date up to 28 days after the date of application 


Dear Gurus,

Please interpret/explain the rules in the two items:

the date of decision 

any date up to 28 days after the date of application


Thanks

[dontringthebell]

the date of decision 
 it's direction to home office staff that while making a decision, (if the applicant has made an application prior to 28 days from completing qualifying period), they may they may choose the date of decision such that it completes the qualifying period.
any date up to 28 days after the date of application. same as above.
Thanks

If date of application is 01.06.2018 and applicant completes qualifying period on 28.06.2018

They may use either of three conditions to ensure applicant covers the qualifying period favourably, basically if someone was to get the decision on the day of application and still 28 days were left.

[jafersadeq]

If date of application is 01.06.2018 and applicant completes qualifying period on 28.06.2018

They may use either of three conditions to ensure applicant covers the qualifying period favourably, basically if someone was to get the decision on the day of application and still 28 days were left.

As you pointed, let's say the application date 1/6/2018 , and the applicant applied on 28/6/2018 but he has less than 5 years, let's say 40 days less, and if the caseworker open his application after 40 days of application date, at that point the caseworker has to decide (make decision) he will see the applicant has 5 years (completed).. Does the CW refuse the application because the shortfall 40 days or not?

Thanks a lot

[dontringthebell]

As you pointed, let's say the application date 1/6/2018 , and the applicant applied on 28/6/2018 application date is the date you appy cant be 28 days later.

As you pointed, let's say the application date 1/6/2018 , and the applicant applied on 28/6/2018 but he has less than 5 years, let's say 40 days less, and if the caseworker open his application after 40 days of application date, at that point the caseworker has to decide (make decision) he will see the applicant has 5 years (completed).. Does the CW refuse the application because the shortfall 40 days or not? assuming you mean what I meant i.e, end of 5 year qualifying period on 28.06.2018 and application date 01.06.2018, and applicatnt was 40 days short, then he cannot make an application. You can make application 28 days from completing qualifying period, and in this case some one would have made application further 12 days earlier.
Thanks a lot

[jafersadeq]

As you pointed, let's say the application date 1/6/2018 , and the applicant applied on 28/6/2018 application date is the date you appy cant be 28 days later.

As you pointed, let's say the application date 1/6/2018 , and the applicant applied on 28/6/2018 but he has less than 5 years, let's say 40 days less, and if the caseworker open his application after 40 days of application date, at that point the caseworker has to decide (make decision) he will see the applicant has 5 years (completed).. Does the CW refuse the application because the shortfall 40 days or not? assuming you mean what I meant i.e, end of 5 year qualifying period on 28.06.2018 and application date 01.06.2018, and applicatnt was 40 days short, then he cannot make an application. You can make application 28 days from completing qualifying period, and in this case some one would have made application further 12 days earlier.
Thanks a lot

Many thanks for your answer,
Yes that is what I mean.
I understood from your answer: The ILR application made more than 28 days earlier will be invalid application, even 1 day ealier than 28 days befor the completion of 5 years.
In that case the applicant has to make an extension application and if he reaches 28 days before 5 years completion he can vary to ILR application.
That means the CW will check the application date & when the applicant reaches to the continuous 5 years to see how many days before the 5 years completion he applied.

Is that correct?

[dontringthebell]

Yes!

[jafersadeq]

Thanks a lot,

Please see this thread:

indefinite-leave-to-remain/pbs-dependen ... 53955.html

There is confusion.

[dontringthebell]

Those applications are all dependent applications.

[jafersadeq]

Those applications are all dependent applications.

Good,
I was talking about the dependant's application as well, sorry because I did not mention in my inquiry.

Please re-read my inquiry and advise me, it is about depentant's application.

Thanks

[dontringthebell]

In that case it's pretty loud and clear from recent approvals it's working.

[jafersadeq]

In that case it's pretty loud and clear from recent approvals it's working.

Great,
so I have two dates, visa issue date and UK entry date, if I use visa issue date, the dependant can apply 28 days before completion of his/her 5 years, no harm in this, and if I use the entry date, there is a gap more than 28 days (few days in my dependant's case, as I stated above, a gap 28+few days between the application date and the 5 years completion).

Which date can I use?

Kind regards

[dontringthebell]

If you don't mind I'm just curious to know if you can comfortably apply with 28 days to completing 5 years, why would you like to use the second option i.e., apply before that, unless it's massively going to reduce time, also, most of the examples I read were running out of visa and hence sought of didn't have a choice.

However, it's clear you can use any date from issue date to entry date.

[jafersadeq]

If you don't mind I'm just curious to know if you can comfortably apply with 28 days to completing 5 years, why would you like to use the second option i.e., apply before that, unless it's massively going to reduce time, also, most of the examples I read were running out of visa and hence sought of didn't have a choice.

However, it's clear you can use any date from issue date to entry date.

I appreciate your comments,

Initial visa issue date 27/5/2015
UK entry date 27/6/2015
Extension issue date 24/5/2018
Valid until 17/5/2020

Now it is clear for you to advise which is the best date for ILR application.
Thanks

[dontringthebell]

"The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK are considered an allowable absence. This period will count towards the 180 days allowable absence in the continuous 12 month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry. "

https://www.timeanddate.com/date/dateadd.html for calculation of date.


Based on dates you gave I would suggest you may apply on between 1st to 17th May 2020, between 10th and 17th may much better.

[jafersadeq]

Dear Friends,

I am writing in my post just to confirm the best time to apply,

T1-Ent- PBS Dependant
Initial visa issue date 27/5/2015
UK entry date 27/6/2015
Extension issue date 24/5/2018
Valid until 17/5/2020

5 years will be 27/5/2020 , and the expiry date is 17/5/2020 (10 days shortfall).
Can my partner apply on 29/4/2020 (28 days prior to 5 years anniversary )?

Thanks

[CR001]

Can my partner apply on 29/4/2020 (28 days prior to 5 years anniversary )?[/color]

Yes, no sooner than within 28 days before the 5th anniversary of the date of issue of first visa (as the rules stand now).