Post
by Nbhg1123 » Wed May 14, 2025 10:39 am
I applied for ILR under the Skilled Worker route recently, but the Home Office has responded stating I am not yet eligible, claiming my 5-year qualifying period starts from 14 September 2020 (the date my Tier 2 application was granted). They say I would only be eligible from 16 August 2025.
However, I submitted my Tier 2 (General) application on 31 May 2020, and was:
In the UK at the time of application
Supported by a valid CoS
Permitted to work for my sponsor while the application was pending (under COVID concessions)
Working continuously during this period (I have payslips)
According to the Skilled Worker guidance (April 2025), time spent waiting for a decision on a permission-to-stay application between 24 Jan 2020 and 30 June 2021, where the applicant could work and had a CoS, should count toward the 5-year continuous period.
It appears the caseworker did not apply this concession in my case. I’ve emailed them requesting a review, quoting the guidance and offering to provide my CoS and payslips.
Has anyone been in a similar situation?
What was your experience?
Should I escalate if they don’t reconsider?
Would it help to involve an immigration solicitor at this point?
Any insights or advice would be much appreciated!