Section C 28 days to be abolished.

[Ali272]

https://www.gov.uk/government/uploads/s ... ssible.pdf

New immigration rules are out. As I understand they are abolishing the 28 days rule. Am I correct?

[Casa]

https://www.gov.uk/government/uploads/s ... ssible.pdf

New immigration rules are out. As I understand they are abolishing the 28 days rule. Am I correct?

Yes.

[Ali272]

Thank you.

So lets say someone applied well in advance of their leave expiry and they are refused after their visa is expired. Can they apply within 14 days of the refusal date or do they have to leave the country without making a second application? That's what I don't understand.

Thank you.

[Casa]

We're all reading the same information as posted in your link.

[Ali272]

So it is not clear yet? It is pretty hard to understand what they mean.

[Casa]

(1) the application was made within 14 days of the applicant‟s leave expiring
and the Secretary of State considers that there was a good reason beyond the
control of the applicant or their representative, provided in or with the
application, why the application could not be made in-time; or
(2) the application was made:
(a) following the refusal of a previous application for leave which was
made in-time or to which sub-paragraph (1) applied; and
(b) within 14 days of:
(i) the refusal of the previous application for leave; or
(ii) the expiry of any leave extended by section 3C of the
Immigration Act 1971; or
(iii) the expiry of the time-limit for making an in-time
application for administrative review or appeal (where
applicable); or
(iv) any administrative review or appeal being concluded,
withdrawn or abandoned or lapsing

Yes, within 14 days of a refusal for an application which was submitted on time.

[zimba]

Yes, the 28 days rule to be reduced to 14 days instead for ALL including ILR applications:

Changes to reform the periods within which applications for further leave can be made by overstayers

7.45. While applications for further leave to remain for many rules-based applications are expected to be made in time, i.e. before any existing leave expires, any period of overstaying for 28 days or less is not a ground for refusal as far as those applications are concerned. This 28 day period was originally brought in so that people who had made an innocent mistake were not penalised, but retaining it sends a message which is inconsistent with the need to ensure compliance with the United Kingdom‟s immigration laws.

7.46. The 28-day period is therefore to be abolished. However, an out of time application will not be refused on the basis that the applicant has overstayed where the Secretary of State considers that there is a good reason beyond the control of the applicant or their representative, given in or with the application, why an in time application could not be made, provided the application is made within 14 days of the expiry of leave.

7.47. Additionally, for those who have been present on 3C leave (leave extended b y section 3C of the Immigration Act 1971), the 28-day period is to be reduced to 14 days from the expiry of any leave extended by section 3C. Without this arrangement, the abolition of the 28-day period would mean that any further application made by persons in this position would be out of time.

7.48. For those whose previous application was in-time but decided before their leave expired, or was made out of time but permitted by virtue of the provision outlined in paragraph 7.56, the 28-day period will be reduced to within 14 days of:

-The refusal of the previous application for leave.
-The expiry of the time-limit for making an in-time application for administrative review or appeal (where applicable)
-Any administrative review or appeal being concluded, withdrawn or abandoned or lapsing.

This is to ensure that individuals to whom these circumstances apply also have 14 days to make a further application.

7.49. Changes have also been made to the requirements for applicants for indefinite leave to remain to have completed a period of continuous lawful residence in the UK. These ensure that the Secretary of State will disregard any period of overstaying between periods of leave which, at the time the further application was made, fell to be disregarded under the previous 28 day period or the exceptions identified above. This is for reasons of fairness.

[samaygrg]

Thank you.

So lets say someone applied well in advance of their leave expiry and they are refused after their visa is expired. Can they apply within 14 days of the refusal date or do they have to leave the country without making a second application? That's what I don't understand.

Thank you.

Not expert, yet, my understanding says, all the flow route is same as before, ONLY, there is no more, the allowance of 28 days, which has been halved (14 days).

Yes, you have 14 days to reapply fresh either just after refusal or after any 3C leave expiry such as AR concluded date.

[MYA]

Hi members of board,
Actually my question should come under ILR (long Residency)
Here, but I might lost the track so Iam going to mention here, please reply according to your understanding.!!!!!!

As per paragraph 7.49, my understanding is home office is not going to count the period we spent between two leaves that is the period between expiry of first leave and the start date of new leave is not going to be included in law full long residency period.

Am I correct in understanding of the paragraph, so in my understanding the people who r going to apply on long residency basis have to wait more as equivalent to the the time between two leaves, or section 3 leave is not going to be included in 10 years long residency.

I know it's a different question to T1 entrepreneur, but I think it might be useful to discuss for entrepreneur later on.

Waiting for reply by all members.

[zimba]

I guess that paragraph is saying that if in lets say 2013 you had a period of 22 days of overstaying, this period will still be disregarded when applying for ILR after the 14 days rule come into force (lets say in 2017) for fairness reasons. Period you spent under section 3C is always lawful and is included in the 10 year long residency.

[MYA]

So it means what ever period we spend under section 3 is completely valid and will be included in 10 years long residency???

Second thing needs to clarify that

Now we have can apply 14 days before our 10years completed for ILR or now we can still apply 28 days before our existing leave is due to be expired????

Much appreciated for kind reply
Regards MYA

[zimba]

So it means what ever period we spend under section 3 is completely valid and will be included in 10 years long residency???

It always been like that.

Now we have can apply 14 days before our 10years completed for ILR or now we can still apply 28 days before our existing leave is due to be expired????

14 days

[CR001]

Now we have can apply 14 days before our 10years completed for ILR or now we can still apply 28 days before our existing leave is due to be expired????

14 days

It has no effect from my understanding of applying 28 days before reaching the residence requirement with valid leave. The change is to out of time applications from 28 days to 14 days.

[zimba]

I guess the fact that you could apply for ILR 28 days early was the by product of the 28 day rule which is now abolished. I might be wrong though

[CR001]

I guess the fact that you could apply for ILR 28 days early was the by product of the 28 day rule which is now abolished. I might be wrong though

No, it is not the 28 day before rule of applying 'early' that has been changed, is the 28 day 'grace period' after leave has expired that has been changed, base on my understanding of the links. They were and are two separate provisions.

[samaygrg]

My understanding also goes with what CR001 said.

While applying in time (not before 28 days of expiry of stay date for all) and out time application (14 days). The change is only for those out-time applications which got to made after refusal or expiry of any 3C.

[yhm75]

7.49. Changes have also been made to the requirements for applicants for indefinite leave to remain to have completed a period of continuous lawful residence in the UK. These ensure that the Secretary of State will disregard any period of overstaying between periods of leave which, at the time the further application was made, fell to be disregarded under the previous 28 day period or the exceptions identified above. This is for reasons of fairness.


on this if I am not wrong

before any applicants applied visa with in 28 days overstay rule and get visa
10 year complete
when they apply ilr long residence
28 day will be disregarded

please advice

seniors

[zimba]

I guess the fact that you could apply for ILR 28 days early was the by product of the 28 day rule which is now abolished. I might be wrong though

No, it is not the 28 day before rule of applying 'early' that has been changed, is the 28 day 'grace period' after leave has expired that has been changed, base on my understanding of the links. They were and are two separate provisions.

I need to locate the provision that allow you to apply 28 days before your 5 years is up. Can you point me to the rules that covers this please ?

[CR001]

I guess the fact that you could apply for ILR 28 days early was the by product of the 28 day rule which is now abolished. I might be wrong though

No, it is not the 28 day before rule of applying 'early' that has been changed, is the 28 day 'grace period' after leave has expired that has been changed, base on my understanding of the links. They were and are two separate provisions.

I need to locate the provision that allow you to apply 28 days before your 5 years is up. Can you point me to the rules that covers this please ?

See page 19 of the link below 'calculating the specified continuous period'.

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

The provision to apply 28 days before reaching the residence requirement is applicable to all ILR applications through all routes and is stated in all the relevant ILR forms and guidance notes.

[zimba]

Yes, I am completely aware of this rule in that guide and forms. However I want to find the provision in the Immigration rules instead. This way we should be able to see if the current changes affect that provision or not. I have yet to find that provision in the rules.

[CR001]

https://www.whatdotheyknow.com/request/ ... ligibility

It is not in the rules. It is a provision/concession HO provides, similar to the 90 days (now 180 days) for PBS migrants from entry clearance issue vs entering the UK.

[yhm75]

https://www.gov.uk/government/uploads/s ... ssible.pdf

page 20

7.11. In paragraph 276B for sub-paragraph (v) substitute:
“(v) the applicant must not be in the UK in breach of immigration laws, except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded. Any previous period of overstaying between periods of leave will also be disregarded where (a) the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or (b) the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.”.

[sm12]

14 days from date of refusal or the date on which the application is deemed to have been received?

[yhm75]

In my understanding and experience
Always 2 days postal/deemed service

[Casa]

“Date an application (or variation of an application) for leave to remain
is made
34G. For the purposes of these rules, the date on which an application (or a
variation of application in accordance with paragraph 34E) is made is:
(i) where the application form is sent by post by Royal Mail, the date
of posting as shown on the tracking information provided by Royal
Mail or, if not tracked, by the postmark date on the envelope; or
(ii) where the application is made on a paper application form and is
submitted in person, the date on which it is received at a Home Office
premium service centre; or
(iii) where the paper application form is sent by courier, or other postal
services provider, the date on which it is delivered to the Home Office;
or
(iv) where the application is made via the online application process,
the date on which the online application is submitted whether or not a
subsequent appointment is made at a Home Office premium service

Foe postal application the date of application is the posting date, not the date the HO receive it.