Request Clarification on ILR date of eligibility

[slxmi]

Hello,

I would like to request clarification on the earliest eligibility to apply for ILR.

I had applied for 5 year Tier 2 General visa along with my dependents during the Covid-19 period. The start date of the visa got delayed and the entire period of the visa was short by approximately 2 months and 7 days.

I was already working for my employer when I applied to switch from my spouse's Tier 2 ICT PBS dependent visa into Tier 2 General.
Date of Application of Tier 2 General - 13/08/2020.
Cos Work start & end Dates - 17/08/2020 to 16/08/2025.
Got an email to use IDV app instead of face to face biometrics appointment- 28/08/2020.
IDV app made available - 05/09/2020.
IDV app biometrics done and docs uploaded - 07/09/2020.
UKVI Delay notice email - 22/09/2020.
Tier 2 General visa granted for me and my dependents - 07/11/2020
main visa and dependents valid until - 30/08/2025.

Can you please review my details and let me know when I would be able to apply for my ILR and also for my dependents.
I'm not sure if I have to make another extension before becoming eligible or can I apply before this current visa comes to an end.

Thank you very much for your inputs and help.

slxmi.

[zimba]

You can get ILR earlier by benefiting from COVID concession
The immigration rules allow skilled workers to count the time since their initial application submission date towards their ILR, assuming they applied between 24 January 2020 and 30 June 2021 and were subsequently granted a visa:

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

Also read: Applicants can benefit from the date of the ILR decision

[slxmi]

Hi Zimba,

Thank you for your reply.
Based on my dates/timeline, can you please advice on the earliest date that I can apply for ILR and also what and how can my dependents apply for ILR or is there another process they need to follow. Can you please advice.
Thank you.

[zimba]

Earliest date of ILR eligibility for you: 13/08/2020 + 5 years - 28 days
Earliest date of ILR eligibility for them: 07/11/2020 + 5 years - 28 days

Your dependants can apply for ILR close to their visa expiry, then delay the biometrics appointment until their eligibility date. They get up to 45 working days

[slxmi]

Thank you Zimba.

Can I please ask a few further questions,

Is the UK Naric certificate for english valid always, is there an expiry date?
Is this required for the Tier2 General -> ILR applicant?
In one of the pdfs, it kind of mentions that UK ENIC is no more valid and only ECCTIS supplied document is valid. is that true? - https://assets.publishing.service.gov.uk/media/68121f2696fbee8040008588/English+language+requirement+_1_.pdf

Academic degree from a non-majority English speaking
country
If the degree is from a non-majority English country or from Canada you must check
on the Ecctis Online Verification Portal that the:
• degree is equivalent to a UK bachelor’s level degree or above
• qualification is academic, not technical or professional
• degree was taught in English
If the Ecctis Online Verification Portal does not confirm that the degree meets all the
requirements, you may contact the applicant and give them an opportunity to contact
Ecctis to confirm if the requirements are met. You do not need to contact the
applicant if you are refusing the application on other grounds.
For applications made prior to the 1 May 2025, caseworkers must check the above
via the Visa and Nationality Statement issued by Ecctis via the Ecctis Online
Verification Portal.
You must not accept a UK ENIC Statement of Compatibility as evidence of English
ability as this is not confirmed on the statement.

Thank you

[zimba]

The Tier 2 does not exist. Under the skilled worker rules, the main applicants do not have an English language requirement for ILR at all

I already covered the issue regarding the UK ENIC Statement of Compatibility before.

See: https://www.immigrationboards.com/viewt ... 1#p2096904

[slxmi]

Thank you Zimba for your replies. It is of great help.
Can I please ask another question -
When the CoS was issued the Work start & end Dates were - 17/08/2020 to 16/08/2025.
After submitting the application, since it took a long time to get a decision, during the waiting time, the solicitor add a Sponsor note stating a revised start date of 09/11/2020 and end date of 08/11/2025. (Please note. I was already working for the employer even before this submission and continued to work through this period until now with the same employer)
However as I previously mentioned I got the decision on 07/11/2020 with an end date of 30/08/2025.
Can you please advice if this sponsor note will have any negative impact on me using covid concession and applying on 17/07/2025 (i.e. 13/08/2020 (date of application submission) + 5 years -28 days)
I'm a bit nervous as the dates get nearer.

Thank you.

[zimba]

No. The Start date or CoS date are not relevant when calculating the qualifying period for ILR.

[slxmi]

Thank you Zimba.
I'm planning to submit application after mid July after 16/07/2025 based on the date of submission of Tier 2 General visa on 13/08/2020. Hope it is okay.

My SOC code on for the Tier 2 General has been changed now for the same role. In the ILR application, can you please let me know if I should mention the old code from my CoS or the new code in the SOC list.

I understand from other posts that I can give the date that I first entered the UK which is a few years before applying for the Tier 2 General visa and it will fine if I only list the absences from the date of submission of the Tier 2 General visa and nothing previous to that. Is my understanding correct?

I have gone through the forum's other posts, but still have this doubt - Do I need a separate absence letter from employer listing all absences or is it okay if there is a sentence mentioning that all leave was authorised in the employer letter without listing the individual absences.

If a separate absence letter from employer is not required, which option should I check in the list of checkboxes which appears after entered the absences in the application form for "What evidence will you provide to support the reasons for all absences from the UK and Crown Dependencies?" . can you please clarify?

Since I'm planning to go with the date of submission instead of date of grant (covid concession) - Is a cover letter important, would it make a difference?

Thank you again for your help and guidance.

[zimba]

I'm planning to submit application after mid July after 16/07/2025 based on the date of submission of Tier 2 General visa on 13/08/2020. Hope it is okay.

It is ok

My SOC code on for the Tier 2 General has been changed now for the same role. In the ILR application, can you please let me know if I should mention the old code from my CoS or the new code in the SOC list.

Read: All you need to know about ILR salary requirements under the Skilled Worker route

I understand from other posts that I can give the date that I first entered the UK which is a few years before applying for the Tier 2 General visa and it will fine if I only list the absences from the date of submission of the Tier 2 General visa and nothing previous to that. Is my understanding correct?

Yes

I have gone through the forum's other posts, but still have this doubt - Do I need a separate absence letter from employer listing all absences or is it okay if there is a sentence mentioning that all leave was authorised in the employer letter without listing the individual absences.

You do not need a separate letter.
Read: All you need to know about the sponsor letter for Skilled Worker route

If a separate absence letter from employer is not required, which option should I check in the list of checkboxes which appears after entered the absences in the application form for "What evidence will you provide to support the reasons for all absences from the UK and Crown Dependencies?" . can you please clarify?

You do not need to provide any evidence. That is legacy from Tier 2 days. Just the sponsor letter is enough

Since I'm planning to go with the date of submission instead of date of grant (covid concession) - Is a cover letter important, would it make a difference?

Following the rules does not need a cover letter

[slxmi]

Hi Zimba, Thank you very much.

Sorry to bother, but after reading the link on the SOC codes, I'm still unclear on which code to enter in the application. I am sure that I meet the salary threshold, I've been on the same job but just the code has changed. Apologies if I have missed or not understood the referred link.

[zimba]

The Standard Occupational Classification (SOC) codes assigned to each role have been simply updated from the 2010 codes to the 2020 codes, so both your old SOC and the new 2020 SOC should effectively refer to the same role. You should use the 2020 SOC to determine your salary requirement for ILR. Enter your job title on the CASCOT occupation coding tool to find out the correct SOC 2020.

CASCOT occupation coding tool : https://cascotweb.warwick.ac.uk/#/class ... on/soc2020

[slxmi]

Thank you Zimba.

I have another question while filling the application form:
Have you previously lived in a country outside the UK including your country of birth? -

Can you please clarify on what length of stay in an country would mean living there. Would it be like if you because a tax resident? would 2 to 4 months work related travel need to be listed?

Thank you.

[zimba]

Travelling and staying somewhere for short term is not the same as living there. These questions do not matter at all anyway

[slxmi]

Hi Zimba,

I applied day before yesterday and got a successful reply on my ILR today. Thank you very much for your invaluable help and guidance throughout the process.

Thank you.

[zimba]

Congratulations

[slxmi]

Hi Zimba,

I'm applying for ILR for my spouse and child. I've gone through the forum for the list of documents needed for a Tier 2 General dependent and child on the ILR application and got the following
Spouse Passport all pages
Child Passport all pages
Spouse BRP (expired)
Child BRP (expired)
Spouse eVisa (screenshot)
Child eVisa (screenshot)
Child Birth Certificate
Our Marriage Certificate
Spouse Degree & Ecctis screenshot
My ILR evisa
Cohabitation - 2 Utility Bills, 2 Mortgage statements, 2 Council tax bills which have both our names.
Consent form - part 1 signed by spouse, part 2 and 3 signed by me.
Spouse Life in the UK Test URN


Can you please review this list and let me know if I need to submit any other documents.
Thank you.

[zimba]

Sounds good. You do not need to send BRPs at all as they are all invalid

[slxmi]

Hi Zimba,

We submitted the application for my spouse and child and did biometrics quoting the covid concession (as current leave is until 30/08/25), but got the response that they don't yet qualify based on the covid concession as this does not apply to dependants (as rightly mentioned by you).
the email mentions that, based on date of approval of the tier 2 general visa (07/11/2020), they only qualify on 10/10/2025 and offers the following two options.

We can put your application on hold until this date and consider your application at this point in time or;

You can vary your application and re-apply for permission to stay under a suitable route.

If you choose to vary your application, due to how our system works we are not able to change an application type, therefore, in order for us to be able to complete this option you will need to submit a new application and pay all the associated fees with that application, once received and validated we will vary and refund this application.

Should you require any further advice, it is recommended that you seek an accredited immigration adviser.

Please can you confirm how you wish to proceed with your application within 10 working days


1) Can I please request your guidance on which option to go with.
2) If your suggestion is to go with option 1(putting the application on hold), will the 3c leave apply and by "this" date, I assume they mean 10/10/25.
3) option 1- will it still be processed based on priority 5 working dates from 10/10/25.
4) if suggestion is option 2 - submitting another application and booking biometrics on 10/10/25 - can we submit the same application with same documents and just book biometrics for later.

Thank you.

[zimba]

Yes, section 3C applies if the applicant is put on hold and is pending, so that options is perfectly fine.
However, I'd suggest writing back to them mentioning the COVID concession and the guide and asking them to consider their application in line with yours. It is worth the shot. At the end of the day, the worts case scenario is that the application will be put on hold until they are within 28 days of completing their 5 years

[slxmi]

Hi Zimba,

Can I please request your review on this as a reply

I understand that my application cannot be decided at this time due to the current eligibility requirements under the Dependant of a Skilled Worker route. I appreciate the information provided and the options available to proceed.

I would like to confirm that I wish to place my application on hold until I become eligible for settlement consideration.

If placing the application on hold until the appropriate eligibility date has no negative impact on the outcome, I am happy for it to remain on hold until then before a decision is made.

Please let me know if any further action is required from my side.


please let me know if I need to add anything else in the reply email.

Thank you.

[zimba]

Sounds good but I'd also ask them to consider the COVID concession as per skilled worker guide and grant the ILR in line with your spouse. It is worth the shot as a few applicants have reported that they were granted ILR that way