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Topic: 28 Day Rule...  (Read 1329 times)

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28 Day Rule...
« on: January 29, 2013, 08:13:14 PM »
So I am lead to believe that on my current visa (FLRM) I am not allowed to be outside of the country for more than 28 days a year.  I also believe this is the case for ILR.

My question is, does this year mean from Jan 1 to Dec 31, or in any 12 month period?
October 8, 2007:  Met!
October 8, 2010:  UK Entry Clearance Recieved! (3 Year Anniversary!)
January 6, 2011:  Civil Partnership Ceremony!
March 7, 2011:  FLR(M) Granted!
January 24, 2013:  Passed Life In UK Test
February 28, 2013: ILR Granted!


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Re: 28 Day Rule...
« Reply #1 on: January 29, 2013, 08:17:20 PM »
So I am lead to believe that on my current visa (FLRM) I am not allowed to be outside of the country for more than 28 days a year.  I also believe this is the case for ILR.

My question is, does this year mean from Jan 1 to Dec 31, or in any 12 month period?

Huh? Where did you hear that?

There is no restriction on how long you can be outside the UK for either FLR(M) or ILR.

The only 'number of days' restriction is for citizenship, and that is that you have to show you have not been outside the UK for more than 270 days (9 months) in the 3 years before applying (with no more than 90 days in the final 12 months before you make the application).
« Last Edit: January 29, 2013, 08:18:52 PM by ksand24 »


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Re: 28 Day Rule...
« Reply #2 on: January 29, 2013, 08:30:00 PM »
Huh? Where did you hear that?

There is no restriction on how long you can be outside the UK for either FLR(M) or ILR.

The only 'number of days' restriction is for citizenship, and that is that you have to show you have not been outside the UK for more than 270 days (9 months) in the 3 years before applying (with no more than 90 days in the final 12 months before you make the application).


I thought I read it on UKBA...
October 8, 2007:  Met!
October 8, 2010:  UK Entry Clearance Recieved! (3 Year Anniversary!)
January 6, 2011:  Civil Partnership Ceremony!
March 7, 2011:  FLR(M) Granted!
January 24, 2013:  Passed Life In UK Test
February 28, 2013: ILR Granted!


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Re: 28 Day Rule...
« Reply #3 on: January 29, 2013, 08:34:32 PM »
I thought I read it on UKBA...

The only 28-day rule on the UKBA website that I can think of is that you are not allowed to apply for ILR until 28 days before your FLR(M) expires.


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Re: 28 Day Rule...
« Reply #4 on: January 29, 2013, 08:37:09 PM »
From the UKBA website, in regards to applying for ILR after spending 2 years on FLR(M):

Quote
Time spent outside the UK

The Immigration Rules do not say that you must have been in the UK for the entire 2 years of your visa or permission to remain. Your application to settle here will be judged on its merits, taking into account your reasons for travel, the length of your absences, and whether you and your partner travelled and lived together while you were outside the UK. If you have spent a limited time abroad in connection with your job, for example, this should not count against you.

However, time spent outside the UK does make a difference to applications for British citizenship. If you apply to be naturalised as the husband, wife or civil partner of a British citizen, you must show that you have been living in the UK for the last 3 years (the 'residential qualifying period'), and that you have spent no more than 270 days outside the UK during those 3 years. Also, you must have spent no more than 90 days outside the UK in the last 12 months of the 3-year period. (We have discretion to allow absences above the normal limits in some circumstances.)

From: http://www.ukba.homeoffice.gov.uk/visas-immigration/partners-families/citizens-settled/spouse-cp/before9july/settlement/


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Re: 28 Day Rule...
« Reply #5 on: January 30, 2013, 08:15:58 AM »
I guess I have nothing to worry about :)

For Citizenship, when does the three years start?
October 8, 2007:  Met!
October 8, 2010:  UK Entry Clearance Recieved! (3 Year Anniversary!)
January 6, 2011:  Civil Partnership Ceremony!
March 7, 2011:  FLR(M) Granted!
January 24, 2013:  Passed Life In UK Test
February 28, 2013: ILR Granted!


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Re: 28 Day Rule...
« Reply #6 on: January 30, 2013, 08:58:03 AM »
I guess I have nothing to worry about :)

For Citizenship, when does the three years start?

From when you first entered the UK. You can even count time in the UK as a visitor as long as you haven't exceeded the 270 days outside the UK. You just have to show you were physically in the UK exactly 3 years before your application date.


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Re: 28 Day Rule...
« Reply #7 on: January 30, 2013, 11:32:57 PM »
November 2, 2013 is three years.  We went to Lanzarote for 7 Days back in November 2012, and we are going to America for 11 days in May 2013.
October 8, 2007:  Met!
October 8, 2010:  UK Entry Clearance Recieved! (3 Year Anniversary!)
January 6, 2011:  Civil Partnership Ceremony!
March 7, 2011:  FLR(M) Granted!
January 24, 2013:  Passed Life In UK Test
February 28, 2013: ILR Granted!


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