Covid-19 Exception -> Switched from ICT to Skilled Worked

Hi,

I would like to get advice about this covid-19 exception mentioned here: https://www.gov.uk/guidance/immigration-rules/immigration-rules-appendix-skilled-worker

Eligibility requirements for settlement as a Skilled Worker
Qualifying period requirement for settlement as a Skilled Worker
SW 21.1. The applicant must have spent a continuous period of 5 years in the UK.

SW 21.2. The 5-year continuous period must consist of time with permission (not as a dependant) on any of, or any combination of, the following routes:
(a) Skilled Worker; or
(b) Global talent; or
(c) Innovator Founder; or
(d) T2 Minister of Religion; or
(e) International Sportsperson; or
(f) Representative of an Overseas Business; or
(g) Tier 1, other than Tier 1 (Graduate Entrepreneur); or
(h) Scale-up; or
(i) permission on any other route, during the time the applicant was waiting for a decision on their application as a Skilled Worker, provided that application:
(i) was for permission to stay; and
(ii) was made between 24 January 2020 and 30 June 2021 (inclusive); and
(iii) was supported on the date of application by a certificate of sponsorship assigned by a licensed sponsor; and
(iv) was granted.

My situation is explained as below.

1). Came to UK in Intra Company Transfer Visa (ICT) on 6th Sept 2019
2). Submitted Application for Skilled Worker Visa within UK itself on 25th May 2021
3). Got the Skilled Worker Visa approved/granted and got BRP with Date of issue as 24th June 2021.

As I was within UK (permission to stay) and made the skilled worker visa application on 25 May 2021 which is within 24 Jan 2020 & 30 June 2021 (Covid-19 exception period).

1). Will I be eligible to count for continuous 5 years period from the date/time application was being submitted for skilled worker visa which was on 25th May 2021?

2). If yes, can I apply for Indefinite Leave to Remain (ILR) application 28 days before 25th May 2026? Lets say 27th April 2026 ?

1. Yes

2. There is no such a thing as “apply up to 28 days early” rule. This is a misconception held by many. There is 28-day concession when it comes to calculate the qualifying period for ILR. The date you apply for ILR is largely irrelevant.

Read --> All you need to know about applying early, the application date, 28-day concession and more