12 months rule

[areng2023]

Hi
i have a question about the 12 months rule. According to this rule if you have been living in the UK for 12 months or more at the date of application and is applying for permission to stay you dont need to show financial evidence.

my question is that this 12 months could be a combination of two or more visas or it needs to be a single visa? The guidance is a bit unclear however in some part it says that 3C leave could be counted that is an indication of the fact that it could be a combination (otherwise how you could have a 3C leave during the last 12 months?). The wording is also suggesting that you need to have permission throughout the period and it does not say that it should be a single permission.

Any ideas or similar experiences?

[vinny]

Interestingly, ST 12.1 does not (appear to) specify nor restrict the categories of permission held?

[areng2023]

Interestingly, ST 12.1 does not (appear to) specify nor restrict the categories of permission held?

Thanks. I am not concerned about the categories. I entered the UK on a student visa and then applied for a new student visa form inside the UK. So both permissions were of student type. My question is that this 12-month period could be a combination of two or more permissions? The rule seem support this idea.

[vinny]

If the categories are not restricted nor specified, then I think permission may include multiple categories or a single category or extensions or switches.

Reminiscent of the original Long residence rules where leave to enter or remain may be in any category.

[sah10406]

It is simply as it says at ST 12.1:

If the applicant is applying for permission to stay and has been living in the UK with permission for 12 months or more on the date of application, they will meet the financial requirement and do not need to show funds.

If there were any caveats or exclusions, it would say so. If "living" had a specific definition in the immigration rules, it would be defined in paragraph 6.2:

https://www.gov.uk/guidance/immigration ... troduction

You do seem to be over-thinking it.

[areng2023]

Thanks all.

However, the form asks for the start date of the current leave and as it is less than a year ago (as it was extended), then the form asks for a bank statements.

It seems it is another example of the Home Office ill designed application form. Guidance clearly says "Applicants are asked on the form if they have lived in the UK for the last 12 months or more and if they say yes, they are not asked to provide further evidence of funds." but the form does not ask such question!

[sah10406]

However, the form asks for the start date of the current leave and as it is less than a year ago (as it was extended), then the form asks for a bank statements.

Exactly which question are you referring to, at what part of the application?

[areng2023]

"What is the start date of your current visa or leave to remain?"

The start date of the current permission is less than 12 months ago, but in total i have been in the UK for over 2 years on two different student visas (an entry clearance followed by a permission to stay)

So, the form asks me for a bank statement. If I change the start date to a date older than 12 months ago, the form wont ask for a bank statement. So, the rules does not specify a single permission for 12 months or more is required (as other suggested the same), but the form does.

[sah10406]

"What is the start date of your current visa or leave to remain?"

But in which specific section or sub-section of the Student application is it, and are you using the app or the online application?

[areng2023]

It is in the "Current Status" Section. I am using the old online form (not the one using an app) as I want to use a priority service and heard that it is not possible to use it when applying via the app.

The new system asks a slightly different question "When did your student general visa or leave to
remain start?"

[sah10406]

The following "Time in the UK" question is about your total stay, and when it comes to the maintenance section that should override your current permission being less than 12 months.

If it doesn't, which is odd and which I have never seen, just go back and answer the first question in respect of your total stay, not your current permission specifically.

[areng2023]

The following "Time in the UK" question is about your total stay, and when it comes to the maintenance section that should override your current permission being less than 12 months.

If it doesn't, which is odd and which I have never seen, just go back and answer the first question in respect of your total stay, not your current permission specifically.

It is exactly what I was thinking. I stated that my time in the UK was 2 years. But it seems that the form was not designed properly and takes into account the start date of the permission instead of total time in the UK.

I did not get your second point as I could not leave blank the start date of my current permission

[sah10406]

I did not get your second point as I could not leave blank the start date of my current permission

I didn't say leave it blank. I said use the start date of your overall current stay in the UK, not of your current permission.

[areng2023]

I did not get your second point as I could not leave blank the start date of my current permission

I didn't say leave it blank. I said use the start date of your overall current stay in the UK, not of your current permission.

I see, then they wont accuse me of giving false information?

[sah10406]

I see, then they wont accuse me of giving false information?

No.

[areng2023]

I see, then they wont accuse me of giving false information?

No.

Thanks a lot. or I can put the start date of the current permission and then explain the situation on a cover letter

[sah10406]

I can put the start date of the current permission and then explain the situation on a cover letter

It's not needed. You just need to adjust your answer so the form works as it should. Many people answer the question that way anyway, about their full stay not their most recent grant of leave, because they understandably think that is what it is asking. And as you know that *is* what it asks in the app.

[areng2023]

I can put the start date of the current permission and then explain the situation on a cover letter

It's not needed. You just need to adjust your answer so the form works as it should. Many people answer the question that way anyway, about their full stay not their most recent grant of leave, because they understandably think that is what it is asking. And as you know that *is* what it asks in the app.

Thanks. Yes the app asks a different question "When did your student general visa or leave to
remain start?" and based on your comments, the answer to this is the start date of the whole permission and not the last one.

[areng2023]

Just for others reference, the application was approved today with no financial evidence submitted. thank you all!

[vinny]

Thanks for the update.