Query on ILR eligibility

[Sk_85]

Hi all,

Thanks in advance for anyone willing to help, as this is my first post on this forum. Would appreciate your guidance.

My query is with regards to ILR eligibility via the 5 Year Tier 2 route.

COS issued: May 2017. Originally start date had to be pushed back two months(note on COS).
Date of application for Tier 2: 23/06/2017
Clearance approval: 24/07/2017 to 23/08/2017
Entry to the UK: 30/07/2017
Expiry on BRP: 14/06/2022

If I look strictly at my BRP or Clearance approval date on the passport, they're both less than 5 years, even after the 28 day grace period.

The Home Office guidance for continuous period in the UK, specifies the following:

Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period. You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

If I calculate based on the date of my original Tier 2 application(23/06/2017), does that mean my ILR eligibility window opens on/after 26/05/2022?

I'm asking, so to understand whether I need to apply for a visa renewal, or whether I'll be eligible for ILR with my current situation.

Thanks again.

[zimba]

You misunderstood the guidance. The date referred to in the guide refers to the date of your ILR application NOT the date of your first visa. Pay close attention to the wording, it is mentioning 'counting backwards'

Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period. You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

So you apply before visa expiry online, then book your appointment on a later day when you are within 28 days of completing your 5 years. Your five years starts from first visa issue date