ILR Application and Previous Visa Refusal

[DawnUK]

Hello Everyone

Many thanks for your help and contributions, I really appreciate them while I was reading the previous entries.

My journey's most important dates are as follows:
- I came to the UK in 2019 on a Tier 4 student visa, my entry stamp date was 25 August 2019.

- My first work visa was a Tier 2 General visa, whose COS was assigned on 16/07/2020 and I applied in the UK to switch from the Tier 4 student visa on 14/10/2020.

- The delay in application was due to delay in issuing my certificate by the university I was studying at. I can't remember the biometrics date for this visa application unfortunately.

- I started working for my employer as per the guidance during that period while waiting for a decision on 02/11/2020, while the visa itself was issued on 13/01/2021.

- I then applied for a skilled worker visa for the same employer and same job SOC but different role in 2021, which was issued on 16/11/2021.

- I then changed my employer to another but same job SOC in 2023, thus, applied for another skilled worker visa which was issued on 30/08/2023.

- Finally, I changed both my employer and my job SOC in 2024, thus applied again for another skilled worker visa, which was issued on 25/10/2024, and this is the one I am on now.

I have 3 questions regarding my situation:
1)- I noticed that the salary threshold for SWV and accordingly those used for ILR applications have been updated on the 01/07/2025. The new ongoing rate for my current job SOC as per this updated guidance is above my current salary, will this affect my ILR application?

2)- Which date did my ILR qualifying period start from? Is it the first Tier 2 visa application date (I don't have the biometrics date for this one, only the date of application as per the visa application summary), or the day I started working for my first employer as per the Tier 2 visa COS and employer letter, or the date it was issued on, or another date?

3) - What's my first eligible date for the ILR application?

My query might sound similar to previous ones, and most probably it's I won't lie, but I have contacted multiple immigration advisors and those who were able to answer my query all agreed that I should use the first day of work as per the first work visa (Tier 2 in 2020) and the letter from that employer as the date I start counting my ILR qualification period. One of them even told me that the decisions that are being produced by the Home Office these days are erratic and I shouldn't antagonise them further by using the Tier 2 (2020) visa application submission date as my start date for ILR qualifying period calculation!

Any advice is really appreciated.

Thanks.

[zimba]

1. They have not changed anything with regard to the settlement at all.
2. As per COVID concession in place, it starts from first application date 14/10/2020
3. 14/10/2020 + 5 years - 28 days

You should not listen to people whose advice contradicts official UKVI guides !
This is about when your lawful qualifying period for ILR started which has no relevance to when you started work at all. Work start date has never been relevant at all, whether you consider this concession or not. It is all about when your lawful residence begins. This concession allows the start of your lawful residence to be when you applied for your work visa rather than when it was first approved.

Due to major disruption to UKVI services during the COVID-19 pandemic, Tier 2
(General) and Skilled Worker applicants in the UK were permitted to start work for
their sponsors while waiting for decisions on their applications. This time while they
were waiting, but able to work, also counts towards the continuous 5-year period.
The applicant must have been in the UK with permission (including as a visitor or
with Exceptional Assurance), and the application must have been:

• for permission to stay
• made between 24 January 2020 and 30 June 2021 (inclusive)
• supported by a CoS on the date of application
• granted

https://assets.publishing.service.gov.u ... worker.pdf

[DawnUK]

Many thanks for your help and clarification Zimba, I really appreciate it. A hypothetical question though, if someone applied earlier than the first date they're eligible for the ILR, would their application be refused straightforward and they lose the application money, or would they be asked to withdraw it and have a refund, or would the home office hold their decision until they reach the eligible duration?

Thanks for all of your insights.

[zimba]

No. The date of application is not that important

Read: Applicants can benefit from the date of the ILR decision

[DawnUK]

Thanks for your quick reply, I read the attached article, really interesting information which I really appreciate. But according to it, if someone used the super priority service the biometrics date would be technically the day of the decision or the day after. What if the case worker deemed that the application on that date still did not hit the 5 years qualifying period, what decision would they make in that case?

Thanks again, I really appreciate your knowledge and help

[zimba]

Thanks for your quick reply, I read the attached article, really interesting information which I really appreciate. But according to it, if someone used the super priority service the biometrics date would be technically the day of the decision or the day after. What if the case worker deemed that the application on that date still did not hit the 5 years qualifying period, what decision would they make in that case?

Thanks again, I really appreciate your knowledge and help

How would you NOT hit your eligibility date if you plan it properly ??
ILR can be granted within 28 days of completing our 5 years. On the date of ILR decision you should be eligible for ILR and you should plan it that way. If you intend to use the priority service, then you must book your appointment date on or after the earliest date of eligibility. This is all in your control

[DawnUK]

I understand this I swear As per your earlier guidance the earliest date for the ILR application in my case is 28 days from the Tier 2 visa application submission date (14/10/2020), after 5 years of course, so that would be around 17th September 2025, did I get this correctly?

I totally agree with your explanation for the guidance in relation to the start date of my qualifying period, yet at the same time I am afraid that some caseworkers might share the view of the immigration advisors I told you about earlier, hence in that case they might consider my application an early one before hitting the 5 year period, so I am trying to evaluate the possible outcomes.

Thanks again

[lolo2]

The ILR application can be submitted well before 14/10/2020 + 5 years - 28 days, you only need to ensure that a decision is made on or after that date. E.g. you can submit the ILR application next month and then book biometrics on a date so that the decision is made on 14/10/2020 + 5 years - 28 days or after.

The caseworker will make a decision based on the immigration rules, not on some random view of things. Immigration advisors very often give incorrect advice. No need to be overthinking this.

[DawnUK]

Hi

I am due to apply for ILR but there's an issue I am worried about and would love to have your guidance about. Ages ago I applied for a short visit visa to the UK from a country different to my home country, which was refused for not providing enough evidence or something like that, I then went back to my home country few days later after receiving the decision and re-applied using the same paperwork without any change, except application place, and it was swiftly approved and I visited the UK normally.

Couple of years later I made my first long-term UK visa application which was a study visa(T4) for a 1 year course and I mentioned this situation under the "have you been refused a uk visa before" by answering yes and explaining the whole thing, even though I wasn't sure if this counts actually as a refusal or not, since I was given that visa at the end of the day, but still went through by answering yes at that time. I know this because I found that application by luck recently!

Later on after finishing studies I applied for an inside Tier 2 visa, on which I answered the same question as no, because at the time the way my mind processed the situation was that actually it wasn't a refusal since I already received the visa so why would I complicate my application by an incorrect answer?

I am not sure about the answers to the same question in the next 2 work visa applications which I made to update my work details after that initial Tier 2 visa, but I would assume they might have followed the Tier 2 answer as No for the same way of thinking. The most recent update application was answered unfortunately as No. I know about the Tier 2 because I found that application as well.

Now I am writing my ILR application and a friend who works as an immigration advisor told me actually that it does count as a refusal and I should disclose it and explain the confusion I had about the whole situation and that this is the reason of discrepancy in answering this question among different previous visa applications. I will disclose it of course as I really never meant any ill intentions, it was simply trying not to complicate my application by what I thought at the time as an incorrect answer.

I am afraid though that the failure to disclose this refusal in the previous work visa applications might be seen as deception by the HO, even though I didn't intend any, which is proved by my very first long-term student visa (T4) application having the whole situation on and the question answered as yes, which unfortunately was followed by the misunderstanding that happened later on as explained above.

What are my chances and what do you advise?

Thanks.

[zimba]

You are overthinking this. This is not an issue. Just answer YES if asked and explain this in your ILR application. Discrepancy only is an issue if it is intended to deceive to secure a visa. This has no effect on your ILR and failure to disclose before did not change anything and will not change anything now

[DawnUK]

Thanks Zimba for your rapid response, really appreciated.

I am just bit worried about the good character thingy as I unfortunately received a tram fare penalty ticket last year for paying (not evading payment) for an additional zone ticket that wasn't covered by my monthly ticket. I entered the additional zone and while paying one of the staff told me that this was incorrect and I should have gone off the tram before entering the additional zone, bought the ticket, then get on another tram, all of this was new to me at the time and I told them that and argued no need for a penalty as I didn't know and didn't escape the payment, just different station, but no use. Regardless I paid the penalty fare ticket ASAP and the situation was closed as I know. I will include this in the penalty section of the application along with the penalty ticket payment online reference as evidence, but as you can imagine I am dreading the effect of answering both the convictions/penalties and previous visa refusal questions as Yes, on the whole application and the good character perspective especially. So do you think these incidents would have negative effect altogether or either on its own?

Thanks

[zimba]

Again, your worries have no basis under the immigration rules. There is no good character requirement under immigration rules at all. This is your own assumption. There is no good character requirement for ILR at all, there are only rules that determine grounds for refusal. The good character requirement exists only when going for a nationality application (British citizenship) which is a totally separate system under nationality law.

A fine as you described is NOT a conviction at all and does not need to even be declared. You seem to be wildly overthinking this

[DawnUK]

Thanks Zimba for the clarification, but from what you said, does this mean that these 2 incidents can affect a citizenship application, if I am to make one someday?

Thanks.

[alterhase58]

Thanks Zimba for the clarification, but from what you said, does this mean that these 2 incidents can affect a citizenship application, if I am to make one someday?

Thanks.

Penalties are not an issue for naturalisation as long as you paid them as required.
And as pointed out they are not court convictions and don't need to be declared.
Criminal convictions are clearly a different much more serious matter.
Applicants are not refused for the odd fine/ticket - though being a persistent offender, don't pay fines or ignore court judgments is more serious.
Google "Good character guidance naturalisation" - the UKVI latest version.

[DawnUK]

Many thanks for your reply. I paid it an once and I have the reference for the payment/ticket. What about the confusion that happened with the previous visit visa situation? Can this have negative effect on the citizenship application?

Thanks.

[zimba]

Many thanks for your reply. I paid it an once and I have the reference for the payment/ticket. What about the confusion that happened with the previous visit visa situation? Can this have negative effect on the citizenship application?

Thanks.

No

DO NOT make assumptions, there is an official guide on this: https://www.gov.uk/government/publicati ... y-guidance

Note that any citizenship related questions should be asked in the relavant sub forum

[DawnUK]

Many thanks both for your help, much appreciated. I will do Zimba in future if I have any relevant question, thanks again.