28 Day Rule Date
#1
Just Joined
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Joined: Dec 2018
Posts: 4
28 Day Rule Date
Hi Everyone, I have just joined this forum group and have a question regarding the my application for my wifes UK Spouse visa and the financial supporting evidence, I have read on UKVI's guidance notes that "evidence must be dated no earlier than 28 days before the date of application", however, it does not state which date is used, the date of the online payment and submission of application OR the date of the application submission at the Biometric appointment.
Sorry about this being a long post, but I have posted this question on another forum and I get two opinions date of online application and date of biometrics, I called UKVI and they told me its 28 days up to the point of Biometrics appointment, then I was told this is wrong so I emailed them and they would not say either way, so then this morning I called them and they said its 28 days up to the date of the biometrics appointment, I did record the telephone call and get a reference number so I have now emailed and told thim this and that I would like an Email from them confirming this is correct.
I am lost at the moment as I dont know what to do regards submitting evidence, when ever I pay for the application online through UKVI my wife cant get to Moscow for approx 2-3 three weeks due to her work to attened the Biometrics appoinment, which means my supporting documents would be nearly 5-6 weeks old and then we have I think 20 days to submit evidence to Sheffield, which means my evidence will be nearly 8 weeks old.
Sorry about this being a long post, but I have posted this question on another forum and I get two opinions date of online application and date of biometrics, I called UKVI and they told me its 28 days up to the point of Biometrics appointment, then I was told this is wrong so I emailed them and they would not say either way, so then this morning I called them and they said its 28 days up to the date of the biometrics appointment, I did record the telephone call and get a reference number so I have now emailed and told thim this and that I would like an Email from them confirming this is correct.
I am lost at the moment as I dont know what to do regards submitting evidence, when ever I pay for the application online through UKVI my wife cant get to Moscow for approx 2-3 three weeks due to her work to attened the Biometrics appoinment, which means my supporting documents would be nearly 5-6 weeks old and then we have I think 20 days to submit evidence to Sheffield, which means my evidence will be nearly 8 weeks old.
#2
Forum Regular
Joined: Jul 2011
Posts: 268
Re: 28 Day Rule Date
Hi Everyone, I have just joined this forum group and have a question regarding the my application for my wifes UK Spouse visa and the financial supporting evidence, I have read on UKVI's guidance notes that "evidence must be dated no earlier than 28 days before the date of application", however, it does not state which date is used, the date of the online payment and submission of application OR the date of the application submission at the Biometric appointment..
I was led to believe it was from the date of online application submission and payment and work backwords from then. If this is wrong then I need to know asap. My 28 days is based on my monthly bank statement dates and they are usually a week or two late to arrive by post.
Because biometrics requires an appointment it creates too many 28 day variables and this would leave the applicant with little or no control.
Hope I am right!
Added. Quick search found this in relation to financial evidence
(l) Where this Appendix requires the applicant to provide specified evidence relating to a period which ends with the date of application, that evidence, or the most recently dated part of it, must be dated no earlier than 28 days before the date of application.
Here https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-fm-se-family-members-specified-evidence 1.L
Last edited by bobbyleo; Jan 1st 2019 at 6:23 am.
#3
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Joined: Dec 2018
Posts: 4
Re: 28 Day Rule Date
Yes I have read the Appendix as well, and they do not give any information on which date they use for the 28 day ruling, online payment and submission or biometrics and submission. I have seeked advice legally and they have said its very misleading but doesnt surprise them due to the aggresive immigration plan set out by the Homeoffice, where UKVI will fail anyone on any tiny matter, which if you look at the fees they charge isnt surprising as its a money maker for them.
#4
Just Joined
Joined: Jun 2018
Posts: 29
Re: 28 Day Rule Date
Hello!
based on my research and my solicitor, the 28 day rule is from date of ONLINE application. There have been cases of rejection for financial documents dated after the online submission date. My visa was approved in sept 2018.
good luck!
based on my research and my solicitor, the 28 day rule is from date of ONLINE application. There have been cases of rejection for financial documents dated after the online submission date. My visa was approved in sept 2018.
good luck!
#5
Re: 28 Day Rule Date
The date of application is the date you lodge your application online. A forum search will provide numerous examples.
#6
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Joined: Dec 2018
Posts: 4
Re: 28 Day Rule Date
Thanks for the reply Happytiara, I have also seen its from the ONLINE application and have seen people rejected for producing documents after the ONLINE application but then why are UKVI are saying different on two occasions, this is why I have concern, as I dont want to pay all this money and get it wrong, as I doubt you could legal take UKVI on for providing you with the wrong misleading informaion.
#7
Just Joined
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Joined: Dec 2018
Posts: 4
Re: 28 Day Rule Date
Yes I understand that and have read them, but why are UKVI saying totally different? Would they change the goal posts and not publicly announce it?
#9
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Joined: Aug 2018
Posts: 16
Re: 28 Day Rule Date
I have read a transcript of court case where the ECO and applicant defended themselves and the judge came to the conclusion that the application date is when a payment is made for the application.
#10
Forum Regular
Joined: Jul 2011
Posts: 268
Re: 28 Day Rule Date
I figure that when you press the button to submit the application its final.
Last edited by bobbyleo; Jan 1st 2019 at 4:51 pm.
#11
Re: 28 Day Rule Date
It’s the date you submit the application online. If UKVI told you over the phone otherwise then they either misunderstood your question or were mistaken.