Late biometrics, does it mean a break in continuous residence?

[kw7]

Hi all,

Happy New Year.

I was just wondering: I aim to apply for ILR based on 10-year residency. Do I need to submit bank statement/utility bill/tenancy agreement backwards to 10 years? Many thanks for your advice!

[CR001]

No!!

[kw7]

Hi!

I would appreciate some advice here - I have been very stressed with the whole process of the ILR application.

Here is my immigration history:

I came to the UK on 11/01/2016. Since then, I have stayed in the UK with no gaps in my visa, no short-term visa, and no breaks in my continuous residency until now. I will accumulate 10 years on January 2026.

But my current visa expires on 01/11/2025. Sadly, there is no way to extend my current visa or apply for another route. So I will have a two-month gap until I qualify for 10 years.

I have read this legend post:How to apply early and benefit from the date of the ILR decision?

Should I go ahead and apply for ILR on 01/11/2025 and delay my biometrics for 45 days + the 28 days?

Or should I apply for FLR, as the FLR application will give me some time and then withdraw the FLR application and submit an ILR application at some stage of December 2025?

Thanks!!

[zimba]

You will be eligible within 28 days of completing your 10 years. Just apply before visa expiry and you probably need to delay your biometrics for a month or so

[kw7]

Hi!

I would appreciate some advice and help here.

Here is my immigration history:

I came to the UK on 11/01/2016. Since then, I have stayed in the UK with no gaps in my visa, no short-term visa, and no breaks in my continuous residency until now. I will accumulate 10 years on January 2026. My current visa expires on 01/11/2025.

I have read this legend post: How to apply early and benefit from the date of the ILR decision?

I may go ahead to apply and delay my biometrics for 45 working days to benefit from the 28-day rule. But my question is: my current visa expires on 01/11/2015, if I delay the biometrics for 60 days, which will be 01/01/2026. Do the 28 days apply after the day I take my biometrics or on the day I submit my application?

Thanks!!

[zimba]

You were advised before when you asked this question. There is no such thing as 28-day rule at all. The 28-day concession determines the earliest date when you can become eligible for ILR.

Go read my post again where I explain the 28-day concession: Applicants can benefit from the date of the ILR decision

The date of first entry is no longer relevant under the long residence route. You should count the qualifying period, from the date of ILR decision and counting backwards up until the very first date of visa approval in 2016.

Go read item 1 here: Lawful and continuous residence changes to Long Residence route from 11 April 2024

This is how it works
1. You will assume a date of ILR decision (this can be the date of your biometrics if applying for priority service)
2. You then subtract (10 years - 28 days) from that date
3. This new date should be on or after the date of first visa approval.

[kw7]

Thank you so much zimba. I have been following your replies, and they are more than helpful.

But I am a little confused. I have to submit the application before my current visa expires, which is two months earlier than I would satisfy the 10-year requirement. It means that the earliest lawful ILR filing for me is on 15 Dec 2025 (10 years − 28 days).

Does it make my application invalid as the ILR guidance states that ''If you are considering an application more than 28 days before the applicant completes the required qualifying period for long residence you must refuse it. This is because the applicant has not completed the required period of permission in the UK''. Does it mean the caseworker must refuse it on eligibility grounds?

I am not sure if my understanding is correct: the caseworker only uses CR 6.1 after confirming that the application was made within the permitted window (10 years-28 days). The date when I submit would be outside the permitted window, so the CR6.1 will not be triggered?

Thank you so much for your advice and help.

[zimba]

There is no such a thing as permitted window. You invented that yourself. There is no rule under the immigration rules that says you must apply on a specific date. You cannot go through all that I explained above and come back with the 'permitted window' precondition. Go back and read my full explanation under that link to understand the historical reason behind that warning on not applying early

CR6.1 simply clarifies that the caseworker should calculate the lawful residence up to the date of ILR decision and only can refuse if you do not qualify. If you carefully read my explanation above, you see that that is in line with how the law works, so it is not like they are doing you a favour. You built up lawful residence up to that point, so they cannot just consider the date of application and refuse you, claiming that you did not have lawful residence. That contradicts the law, as in fact you have accumulated the required lawful residence by then.

[kw7]

Hi Zimba, thank you so much for your explanation, and I do apologise.

My immigration advisor said that applying more than 28 days earlier is very risky and the advisor provided me a lot of reasons of why it is risky, so I am a bit worried. It seems that I should apply by myself rather than work with the advisor.

[kw7]

Hi,

Thank you to all who are on this incredible forum.

Here is a bit of history:

I was on the Tier 4 visa in 2017. This visa expired on 01/10/2017. I extended my student visa within the UK on 28/09/2017, the day I submitted my application form and paid the fees.

However, the University told me that it received a letter from the Home Office on 14/10/2017 advising on biometrics enrolment, which was after my visa expiry date. The letter was sent to the University a few days before the uni acknowledged me. The biometrics were completed at a post office, and the application was approved within 8 weeks.

I'm calculating my 10-year eligibility. I know somebody whose application was rejected and the clock was reset due to a late application for one of their visa. In my case, was the application considered late, as the biometrics were submitted so late, although I paid the fee on 28/09/2017? Which day is considered as the date of application?

Many thanks for your help!

[zimba]

Hi Zimba, thank you so much for your explanation, and I do apologise.

My immigration advisor said that applying more than 28 days earlier is very risky and the advisor provided me a lot of reasons of why it is risky, so I am a bit worried. It seems that I should apply by myself rather than work with the advisor.

The forum is filled with incorrect and terrible advice from these so-called advisors. People whose advice contradicts the rules and official guise should be avoided at all costs.

[zimba]

Hi,

Thank you to all who are on this incredible forum.

Here is a bit of history:

I was on the Tier 4 visa in 2017. This visa expired on 01/10/2017. I extended my student visa within the UK on 28/09/2017, the day I submitted my application form and paid the fees.

However, the University told me that it received a letter from the Home Office on 14/10/2017 advising on biometrics enrolment, which was after my visa expiry date. The letter was sent to the University a few days before the uni acknowledged me. The biometrics were completed at a post office, and the application was approved within 8 weeks.

I'm calculating my 10-year eligibility. I know somebody whose application was rejected and the clock was reset due to a late application for one of their visa. In my case, was the application considered late, as the biometrics were submitted so late, although I paid the fee on 28/09/2017? Which day is considered as the date of application?

Many thanks for your help!

If you do not understand the context or details of another person's immigration application, I suggest not rushing to conclusions. Such a person probably applied 'out-of-time', meaning they did not have a visa when they applied and that was an application from an overstayer. Also when they applied, it was probably so late that they were not protected even by the provisions of the paragraph 39E of the rules (you are given 14 days to apply)

If you applied in-time (when you had a valid visa) and your application was approved, there is nothing to worry. Section 3C applies.

[kw7]

Thank you so much for these, zimba. These are really helpful.

I hope to ask, is it necessary to write a cover letter submitted alongside the application?

The cover letter states that ''I know what I am applying for and I acknowledge the rules'', and also states that ''I would be benefited from the date of decision, although the application form is submitted outside 28 days but the biometrics is taken within 45 days (e.g. on the 30th day after the form is submitted and fees are paid)'' and '' I would be benifited from 'The continuous residence periods in CR 2.1, CR 2.2. and CR 2.2A. will be calculated by counting back from whichever of the following dates is the most beneficial to the applicant: any date up to 28 days after the date of application.''

Do you think adding such a cover letter alongside an Entry and Exit Record would help to avoid unnecessary issues and increase the possibility of approval?

Thank you so much for your help!