Applications made more than 28 days of qualifiying period

[grinconesmo]

I just thought that this would be helpful for those who are few days short of the 28 days period.

Applicants who need to meet a qualifying period for indefinite leave should not apply for further leave until they are within 28 days of completing the relevant qualifying period. This allows them to meet any required qualification periods for the continuous leave requirement. This is not a mandatory requirement of paragraph 34 of the Immigration Rules and you must not reject an application as invalid if the applicant submits it more than 28 days before they have completed the relevant qualifying period.

Found at "Specified forms and procedures guidance" Dec 2010

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

[geriatrix]

Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application with no refund of the application fee (where a fee is charged). However, you must make your application before your current permission to stay in the UK expires.

It is the applicant's choice whether he/she wishes to risk a refusal based on the "modernized guidance" you refer to or follow the instructions above and ensure that there is no / minimal risk of refusal.


regards

[Pierrot95]

...you must not reject an application as invalid if the applicant submits it more than 28 days before they have completed the relevant qualifying period.

Please do not send us your application more than 28 days before you become eligible to apply. If you do, we may refuse your application ...

There is no contradiction here. The first quote refers to rejecting an application as invalid, the second refers to refusal. Not exactly the same thing.
So if you submit your application too early, it will be refused but not rejected as invalid, implying that you will get all the benefits of refused applications (appeal, extension of visa).

IMHO.

[devmanda1ia]

It will be great to find out from all forum members if anyone knows of any candidate who have been granted visa even though s/he was falling short by a few days.

I am sure many members before us would have experienced this same issue.

[grinconesmo]

I'm with you "devmanda1ia" it would be very helpful.

Can we put a topic for anyone whom made an application for ILR few days before the "28 days rule"? I'm really curious...

[Pierrot95]

I can't believe anyone would be fool enough to spend £1,000 for an application that will be certainly refused.
And what is a "few" days? 5? 10? 20? 31? 365?

[grinconesmo]

It's not about being fool, might the applicant have no other choice but to apply like that, when is only a matter of few days (up to 10 days before the 28 days qualifiying period) it could be hope for those in that situation and I'm sure that's the case for lots of people.

Don't you think?

[Pierrot95]

If you say 10 days, what about the person short of 11 days?

The immigration law says "continuous period of 5 years". So literally, it means 5 years continuously, for instance, from 12 Mar 2007 to 11 Mar 2012.
The 28 days rule is not in the law. It is just a rule set up by the government for practical purposes.
There is no absence allowed in the law (continuous period). The 90/180 days absence rule is another concession made by the government. This is not in the Immigration law.
So asking for 10 days is like asking a concession over a concessiion, you want 28+10 days.

What I think, if you ask, is that if I am short of a few days for qualifying period, I won't apply for ILR as I am clearly not eligible for ILR. If I am not eligible for FLR in any other category, I would consult with a solicitor to apply for extension outside the immigration rules, discretionary leave, on compassionate grounds or anything like that. But not ILR as this will be refused for sure.

[devmanda1ia]

I think it is a fair point to look for feedback on how decisions are made for application falling short by a few days (a few days mean 2/5/10 days).

Somewhere on other post I read that for T1 they may consider stamp date to date of entry in the event candidate is falling short by a few days.

There is no harm in asking for feedback and I wouldn't be surprised if any other candidate has made such application.

Surely the easiest advise to give is to apply for extension but even extension carries the same amount of risk so it is a matter of assessing those risks and making a right choice.