28 days calculation for ILR Tier 2 dependent

[dev-ag]

Hi all,

Firstly, thank you to all the active moderators. A lot of the information shared on immigration boards has been extremely useful. I want to ask the same question which has been asked and responded to multiple times; reason being I am not able to nail down an answer partly because I haven’t been to identify many success stories.

Question: Which date to use when calculating 28 days to apply for Tier 2 (skilled) dependent visa.

Date of initial BRP issue/valid from date (outside of U.K.): 24 May 2017
Date of vignette: 07 June 2017 to 06 June 2017
Date of entry in U.K.: 25 June 2017

Thank you in advance.

[AmazonianX]

Hi all,

Firstly, thank you to all the active moderators. A lot of the information shared on immigration boards has been extremely useful. I want to ask the same question which has been asked and responded to multiple times; reason being I am not able to nail down an answer partly because I haven’t been to identify many success stories.

Question: Which date to use when calculating 28 days to apply for Tier 2 (skilled) dependent visa.

Date of initial BRP issue/valid from date (outside of U.K.): 24 May 2017
Date of vignette: 07 June 2017 to 06 June 2017
Date of entry in U.K.: 25 June 2017

Thank you in advance.

[dev-ag]

Thanks AmazonianX!

[dev-ag]

Given that this question keeps popping up every other day, I am wondering if there’s been much confirmations regarding the ‘date to be used for 28 days calculation’ post successful applications?

[AmazonianX]

Given that this question keeps popping up every other day, I am wondering if there’s been much confirmations regarding the ‘date to be used for 28 days calculation’ post successful applications?

Check and you will see enough successful outcomes. The 28 days allowance is not a rule but a concession from HO to applicants

[dev-ag]

Thanks. Yup found some.
HO has published a new version of the guidance dated November 2021 with slightly better wording and explanation:

https://assets.publishing.service.gov.u ... idence.pdf

What would really help people is some examples but oh well!! The below section clarifies the 28 days calculation confusion (page 24 of 31):

When absences will count towards the 180 day-limit
Any period spent outside of the UK will count towards the 180 days absence. This includes any period:

• when their permission remained valid
• while an entry clearance application is under consideration
• before they entered the UK, once entry clearance had been granted

[zimba]

This has been common knowledge for a long time. That is because the qualifying period is from the first visa issue date and so the gap between the visa issue date and the first entry should be also considered, for the purpose of absence calculation

[dev-ag]

Agree! Although it is good to have clear wordings in the HO guidance to avoid reliance on common knowledge factor which adds to anxiety.