ILR 28 Days Calculator: Check Your Early Application Window

28-Day Early Application Window for ILR Explained

The 28-day early application window allows applicants for Indefinite Leave to Remain to submit their settlement application up to 28 calendar days before they complete their required period of continuous lawful residence. Codified at paragraph CR 1.2(a) of Appendix Continuous Residence to the Immigration Rules, this concession protects applicants from gaps in status while UKVI processes their application and is one of the most practically important provisions in the settlement rules.

Qualifying Period Completion vs Visa Expiry Date

Your qualifying period completion date is the exact anniversary of the date your qualifying leave began — for example, exactly 5 years (or 3 years, or 10 years) after your first grant of leave on a qualifying route. Your visa expiry date is the date stamped on your BRP or e-visa. In practice, these dates often differ because Home Office grants of leave may not align exactly with the qualifying period timeline. The 28-day window is calculated from the qualifying period date, not the expiry date. Use our qualifying period calculator to confirm which date applies to you.

Section 3C Leave Protection Within the 28-Day Window

Under section 3C of the Immigration Act 1971, if you submit an ILR application before your current leave expires, your leave is automatically extended while the application is pending. This means that applying within the 28-day window (or any time before your visa expires) legally protects your lawful status. If you apply after your visa has expired, section 3C does not apply and you may be treated as an overstayer — which can break continuous residence. Timing your application correctly using the ILR 28 days calculator is vital.

Missing the ILR 28-Day Application Window

If your qualifying period completes and you have not yet applied — and your current visa is about to expire — you must still submit before expiry to preserve continuity via section 3C. If your visa has already expired, paragraph 39E of the Immigration Rules may allow consideration where the overstay is 14 days or less, but this is a narrow concession and not guaranteed. A consultation with a UK immigration solicitor is strongly recommended if you are in this position.

Rationale Behind the 28-Day Concession Rule

The 28-day concession has been a feature of the Immigration Rules for many years and was carried forward into the consolidated Appendix Continuous Residence framework. It recognises that Home Office decision times can be lengthy — ILR decisions routinely take 6 months or more — and that applicants need a buffer to maintain continuous lawful status. By permitting submission up to 28 days before the qualifying period completes, UKVI ensures applicants are not penalised for administrative processing delays.

Calendar Days vs Working Days

A persistent misunderstanding is that the 28 days means working days. Paragraph CR 1.2(a) specifies a straight subtraction of 28 calendar days from the qualifying period completion date — weekends and UK bank holidays are strictly included. For example, if your 5-year qualifying period completes on Monday 15 December 2026, your earliest valid application date is Monday 17 November 2026 (28 calendar days earlier, counting both dates inclusively under the Home Office method).

Applying Too Early and the Financial Risk

If you submit your ILR application even one day before the 28-day window opens — that is, 29 or more days before your qualifying period completes — the Home Office will refuse it as premature. As of 2026, the ILR application fee is £2,885 (increased from £2,404 in April 2025). The Immigration Health Surcharge for ILR settlement applications is £0 (reduced from £2,388 in April 2024 and unchanged since). A premature refusal means you lose the £2,885 fee with no refund and must wait and re-apply within the correct window.

Strategic Planning for the 28-Day Window and Absences

Many applicants choose to apply on the earliest valid date so that ILR is granted as soon as possible. However, this only makes sense if your absences are within the permitted limits on that date. If you are close to the 180-day cap in any rolling 12-month period on a 5-year route, deferring submission by a few weeks may shift the rolling window so that an earlier long trip drops out of the assessment period. Use our absence calculator to model both scenarios before deciding when to submit.

Digital Mandatory Submissions for 2026

Since October 2024, the Home Office requires all ILR applications to be submitted online via GOV.UK. Paper form SET(O) is no longer accepted except in truly exceptional circumstances where the applicant cannot use the digital service. The 28-day rule applies identically regardless of whether the application is submitted on the first or last day of the window — the submission timestamp recorded by the online system instantly determines validity.