ILR 28 day’s rule

Bilal5489 · Post by **Bilal5489** » Mon Aug 21, 2023 3:03 pm

Dear All,

I am on spouse and will be eligible for ILR on 10/10/2023. My question is whether I can apply in mid September? As per the gov.uk I can apply as all the requirements are there and nothing missing. I have contacted the immigration advisor and for some reason they said it should be 5 years and I can’t apply before.. I am literally confused as the government website states clearly that one can apply 28 days prior to the eligibility period.

Please advise

Thank you in advance

Post by **zimba** » Mon Aug 21, 2023 3:14 pm

There is no such thing as the '28 days rule'. What you referred to is simply an immigration concession by the secretary of the state that allows all ILR applicants to be granted ILR from 28 days before the eligibility date and onwards. This is therefore communicated in the official guides/procedures but cannot be found in the immigration rules. Your advisor is incorrect.

You may use technicalities under the rules or concessions in the guides to even apply earlier: How to apply early and benefit from the date of the ILR decision ?

Bilal5489 · Post by **Bilal5489** » Mon Aug 21, 2023 7:26 pm

Could anyone please answer my question here, I will be very grateful.

I entered the UK on 10/10/2018 (but date on BRP was 18/09/2018)
I then renewed my Visa in June 2021 and currently the expiry date is 24/02/2024.

I am on spouse visa and would like to apply for ILR.
On Government website it says that I can apply 28 days prior to the eligibility period (I will be completing my 60 months on 10/10/2023, as I entered the UK on 10/10/2018)

Please can you confirm if I am eligible to apply for ILR in September or shall I wait for 10/10/2023?

Thanks in advance

Post by **CR001** » Mon Aug 21, 2023 7:29 pm

Bilal5489 wrote: ↑
Mon Aug 21, 2023 7:26 pm
Could anyone please answer my question here, I will be very grateful.

I entered the UK on 10/10/2018 (but date on BRP was 18/09/2018)
I then renewed my Visa in June 2021 and currently the expiry date is 24/02/2024.

I am on spouse visa and would like to apply for ILR.
On Government website it says that I can apply 28 days prior to the eligibility period (I will be completing my 60 months on 10/10/2023, as I entered the UK on 10/10/2018)

Please can you confirm if I am eligible to apply for ILR in September or shall I wait for 10/10/2023?

Thanks in advance

1. Do NOT tag your questions onto other members topics, it is rude to hijack other peoples threads to ask your own questions. Post split and merged with your own topic. Keep ALL questions in one topic,this one.

2. You can apply for ILR no sooner than within 28 days before 10th October 2023 if you meet all the requirements.

Bilal5489 · Post by **Bilal5489** » Mon Aug 21, 2023 11:47 pm

I apologise and thank you for your response.

Actually, I was struggling to use this chat forum. I will delete my question from here.

Thank you

Bilal5489 · Post by **Bilal5489** » Mon Aug 21, 2023 11:57 pm

zimba wrote: ↑
Mon Aug 21, 2023 3:14 pm

Thank you Zimba - I was really confused as mentioned my advisor said that HO will refuse my application if ai apply before Oct 10th. However, I am now satisfied that I can apply 28 days prior to the eligibility period.

Please, could you also confirm the validity of the documents? I will apply on 14 or 15 September this year.

Thank you once again.

Bilal5489 · Post by **Bilal5489** » Tue Aug 22, 2023 12:10 am

Dear All,

Last question. As confirmed by you, I can apply 28 days prior to the eligibility period. As I will have my years in the UK on October 10, 2023, if I apply in mid-September and book biometrics before October 10th, would that affect the application? Or shall I book a biometric appointment after October 10th?

Thank you in advance.

Post by **zimba** » Tue Aug 22, 2023 1:49 am

Bilal5489 wrote: ↑
Tue Aug 22, 2023 12:10 am
Dear All,

Last question. As confirmed by you, I can apply 28 days prior to the eligibility period. As I will have my years in the UK on October 10, 2023, if I apply in mid-September and book biometrics before October 10th, would that affect the application? Or shall I book a biometric appointment after October 10th?

Thank you in advance.

Do you read the answers provided ??
This was already answered above: How to apply early and benefit from the date of the ILR decision ?

Bilal5489 · Post by **Bilal5489** » Tue Aug 22, 2023 8:24 am

Bilal5489 wrote: ↑
Tue Aug 22, 2023 12:10 am
Dear All,

Last question. As confirmed by you, I can apply 28 days prior to the eligibility period. As I will have my 5 years in the UK on October 10, 2023, if I apply in mid-September and book biometrics before October 10th, would that affect the application? Or shall I book a biometric appointment after October 10th?

Thank you in advance.

links · Post by **meself2** » Tue Aug 22, 2023 8:30 am

This question was answered in a previous message.
What exactly are you asking?

Bilal5489 · Post by **Bilal5489** » Tue Aug 22, 2023 10:04 pm

Hi once again.

When I sent the UKVI’s guideline/ procedure to my immigration advisor, they have sent me the below;

The guidance that you are looking at doesn’t cover settlement on Appendix FM route. If you go to page 3 of the guidance you have sent, you will which route it covers.

The guidance I have sent you is the relevant guidance for settlement on Appendix FM route.

On page 31 of the guidance, you will see it says:

A person who applies more than 28 days before their leave is due to expire or they have completed the relevant qualifying period may not meet the requirement to have completed at least 60 or 120 months in the UK with relevant leave to remain in order to apply to settle and may instead need to apply for a further period of limited leave.

Could you please clarify what shall I reply to my advisor?

Thank you
Bilal

Post by **CR001** » Tue Aug 22, 2023 10:20 pm

What guidance notes are you looking at? You havent posted the actual link.

The 28 days concession applies to all ILR visa routes.

Post by **zimba** » Wed Aug 23, 2023 12:37 am

Bilal5489 wrote: ↑
Tue Aug 22, 2023 10:04 pm
Hi once again.

When I sent the UKVI’s guideline/ procedure to my immigration advisor, they have sent me the below;

The guidance that you are looking at doesn’t cover settlement on Appendix FM route. If you go to page 3 of the guidance you have sent, you will which route it covers.

The guidance I have sent you is the relevant guidance for settlement on Appendix FM route.

On page 31 of the guidance, you will see it says:

A person who applies more than 28 days before their leave is due to expire or they have completed the relevant qualifying period may not meet the requirement to have completed at least 60 or 120 months in the UK with relevant leave to remain in order to apply to settle and may instead need to apply for a further period of limited leave.

Could you please clarify what shall I reply to my advisor?

Thank you
Bilal

You are fixated on the date of application but I am telling you that date of decision is far more important. The highlighted part is correct assuming that on the date of ILR decision, you are not within 28 days of completing the 5 years. Note that If on the day of the ILR decision you are within the 28 days, then there is nothing to worry about. Send the link I posted above to whoever you want

Bilal5489 · Post by **Bilal5489** » Wed Aug 23, 2023 3:11 pm

Thank you Zimba,

My BRP date is 18/09/2018. However, I entered the UK on 10/10/2018.

I said to the advisor that I can apply in September but she said no it should be on or after 10th Oct this year.

Post by **CR001** » Wed Aug 23, 2023 3:18 pm

You can apply within 28 days before 10th October 2023.

You have been advised of this multiple times now.

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