ILR Grant Date, COVID Concession, etc.

[renitatrojillo]

Hello, just wanted to clarify if I’ve understood the qualifying period for ILR on the SWV/dependants routes.

Originally arrived in the UK on a tier 4 + PBS dependant (main applicant + spouse): Sep 2019
Applied to switch to Tier 2 + PBS (in country, main applicant + spouse, payment success email): 17 Nov 2020
Tier 2 + PBS dependant granted date: 16 Dec 2020

I believe I (main applicant) qualify for the COVID concession since I applied during the relevant dates, was in the UK on another visa, applied with a valid CoS and it was granted. This would mean that I can apply for ILR on or after 20 Oct 2025.

1. Is this date calculation correct? Can I hit submit on the actual date (20 Oct) or does it need to be a day or so after?
2. The COVID concession does not apply to my spouse, however can they still apply together with me on the earlier date given they have been in the UK on a visa dependant on mine for more than 5 years (Tier 4 + Tier 2/SWV) or do they need to wait for 28 days before the Tier 2 dependant visa granted date?
3. Our child was born in the UK and we intend to register her as a citizen once any one of us is granted ILR. We intend to apply for ILR with priority, but I have seen cases that the caseworker inquires why we aren’t adding her to our application and that slows down processing time, is it wise to add a cover letter to explain our intention of registering her with our applications?

[zimba]

1. That date is the earliest date of eligibility when your ILR can be GRANTED. The date of application is not critical at all.

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

2. There was never a separate dependant visa route for dependants under each part of the PBS system at all. This is a common error. Under the old PBS system, there was just one PBS dependant route, so all dependants under the PBS system were issued visa under the same exact route. Under the current skilled worker rules for ILR, time spent under ANY dependant partner route counts towards ILR. So you all can apply for ILR together

3. Yes. Adding the cover letter is a good idea

[renitatrojillo]

That’s very helpful Zimba, my spouse and I will apply together using the earlier date.

The application grant date is pretty interesting: in theory if one were interested (or needed to) have their application approved as early as possible, it would be possible to submit the application up to 45 days before the earliest application date, delay biometrics as much as possible, and still make use of (super) priority and that would still be a valid application and be granted the ILR on/immediately after 28 days before 5 years of their original tier 2/SWV application date? That’s very interesting to know.

[zimba]

Yes, I discussed this many times on the forum

[renitatrojillo]

Many thanks Zimba, even if it is looking quite a bit moot at this point

[renitatrojillo]

Hello again, I'm gearing up to submit my SET(O) ILR application based off Tier 2/SWV and I just had a couple of questions before I hit the button.

My spouse (dependent) and I were here from 2019-2020 on a Tier 4.
I applied in-country for Tier 2 on Nov 17, 2020 (payment email). The application was approved on Dec 16, 2020. I switched (and extended) to SWV a couple of years ago with the same company/role.
I have read this and understood that the ILR application grant date (when the caseworker is going to approve the application) is what matters.

According to the COVID concession, I can use my initial Tier 2 application date to begin my qualifying period. This means that the earliest date my ILR can be granted is 28 days before Nov 17 2025 (instead of Dec 16). Am I calculating correctly that this means the earliest my ILR can be granted is Oct 20?

My intention is to submit the ILR forms ASAP (today, tomorrow) and then book my biometrics ideally on Oct 20, using super priority. The reason I'm keen on submitting this early is because of the uncertainty of rules around settlement through work-based paths, and if I understand the current rules correctly, once we submit an application, we will be considered under the existing rules in place. What I mean to say is that in the next month or so, if the rules suddenly change, if we have submitted our application before then and are waiting for the biometrics/decision then we would be unaffected.

Is this correct? Is there any downside that I'm not seeing in applying now and waiting to do the biometrics on 20th Oct? Sorry for being paranoid, but it would be a massive kick in the groin if we are able to apply now, and the rules suddenly change doubling our residency time and we would be affected (unlikely in the next ~month, but 5 years has been a long time...). I understand that this exactly is what the linked post above is saying, but some confirmation would be appreciated.

What do biometrics appointments look like so far away? Would they be available to book from now? What happens if we are not offered/unable to secure an appointment on/after 20 Oct after we submit the application in the next day or so?

If this is indeed correct, then I'd be looking at submitting the filled out application ASAP. What does that mean for the documents that I need to produce, for example the employer letter(s) and latest payslip/bank statement that I was going to produce at the end of September? Can I attach these documents that are dated after the application date?

I also was going to attach a cover letter to explain the reason we applied on Oct 20 because of the COVID concession but it seems like this is now very unnecessary?

Another dumb question: for countries that I've lived in, do I need to mention my home country as well for each time I lived in that country between stints abroad, or can I do something for the dates like from: date of birth; to: date before leaving finally for the UK and then have the other countries that I lived in with their own dates that overlap this big window?

[zimba]

You can see above that you got extensive advice when you asked these questions back in May. The rules have already changed and there has been no effect on the ILR applicants and people already under the route. Applying unnecessarily early is not advised. Apply close to the date of your eligibility. The appointments are all available within a few weeks.

The answer for countries that you have lived in is not that important. Provide minimal info

[renitatrojillo]

Thanks Zimba, I guess this entire process can make people a bit paranoid. I was just worried that there is the intention to put forward a change to increase the required 5 years to obtain ILR to 10, and if that goes through before our application date that would adversely affect us when it seems like we can apply now and push the biometrics to the required date.

But will trust your advice and not apply until a week or so before the actual date as advised. Thank you.