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Just need a short answer.

Is 28 days rule for applying ILR
before visa expiry (after 1st extension of Tier 1?)
OR
before 5 year stay?

given that new guidance note states that it is up to caseworker discretion on enter up to 3 months. So someone who has come after 28 days of visa start date; when should be apply for ILR? it guess it will be 28 days before visa expiry (end of 5 years visa date)?

pkumar wrote:Just need a short answer.

Is 28 days rule for applying ILR
before visa expiry (after 1st extension of Tier 1?)
OR
before 5 year stay?

given that new guidance note states that it is up to caseworker discretion on enter up to 3 months. So someone who has come after 28 days of visa start date; when should be apply for ILR? it guess it will be 28 days before visa expiry (end of 5 years visa date)?

1. 28 daya before you qualify for ILR.

28 days before the 5th anniversary of your arrival to UK. For example if you came to UK on 13th Mar 2007, you will qualify for ILR 28 days before 13th Mar 2012.

However, see also Indefinite leave to remain - calculating continuous period in UK.

The simple Mathematical formula is:

1. If your 5th anniversary of stay in UK completes on Date1 and your current visa is valid till on or after Date1, you can apply on or after (Date1-28 days)

2. If your 5th anniversary of entering in UK completes on Date1, but your current visa expires before Date1, but after (Date1-90 days), you can apply for ILR before your visa expires provided you entered UK within 90 days of your initial entry clearance issued to you

Which means most of the people who have come on HSMP / Tier1 will fall under point 2 (you mentioned above).

So .. Still unclear ... how many days before you can apply?
I am think this needs to be very clear ... but through-out the forum there is confusion.

I don’t think there is any confusion. If your current visa expires before the 5th anniversary of your entry to UK, then you can apply 28 before your first HSMP visa stamp date.

I have seen dozens of cases on this forum, where people still had the valid visas but they still applied 28 days before their initial grant and they were granted ILR.

lets assume that tier 1 general entered UK within a week of being granted visa on 09/08/2008 valid for 3 years and expired 03/08/2011.
Before completing 3 years he made application for extension but due to verification exercise by UKBA,extension was granted for 2 years on 06/12/2011 to expire 06/12/2013.that was like 4 months gap.
the question now is when will the applicant qualify for ILR

A.28 days before 09/08/2013 or

B.28 days before 09/12/2013 or

C.28 days before 06/12/2013

A.

So , can we safely say 'even if visa expries before completion of 5 years stay and the person entered UK with in 90 days of initial HSMP visa date, he/she can apply for ILR 28 days before expiry of Visa and do not need to apply for extension to cover the gap between visa date and entry date'?

Rashid wrote:So , can we safely say 'even if visa expries before completion of 5 years stay and the person entered UK with in 90 days of initial HSMP visa date, he/she can apply for ILR 28 days before expiry of Visa and do not need to apply for extension to cover the gap between visa date and entry date'?

Yes

Thanks for all the Replies. Just a question. Does this 28 day limit apply even when it is an in-person application? If so does that mean I need to book an appointment and find a slot which is within this 28-day period. Given the fact that they are so busy will I be assured of an in-person application slot before my visa expires?

Dhanubs: yes this 28 days rule applies to in person application too. You can book an appointment 42 days in advance.

linkers wrote:Dhanubs: yes this 28 days rule applies to in person application too. You can book an appointment 42 days in advance.

Thanks a lot.