ILR continuous residence - Covid

Hi there,
I'm trying to apply for ILR from the Skilled Worker route, but hitting some snags due to Covid.
- My husband and I moved to UK in May 2018 on the Youth Mobility Visa (not counted for the purposes of the visa, but just to note that we were already in the UK, renting a flat, etc). Expiry for the Youth Mobility visa was May 2020.
- In March 2020, I went to Australia to switch to the Tier 2 visa. The plan was for my husband to remain behind in the UK, and then apply for his PBS dependent visa once mine was granted. My application was made in March 2020.
- Obviously Covid happened, and the UKVI centres closed indefinitely with no notice of what was happening (with my passport being in transit to Philippines)
- My husband applied for his PBS Dependent visa in the UK on the 27th April (even though my Tier 2 visa hadn't been approved), due to the circumstances - this extended his right to work and stay in the UK.
- I finally got my passport with entry clearance back in June 2020 and flew back to the UK.

We are now in the process of applying for ILR (with my husband attaching as a dependent) and a bit confused about the 5 years continuous residence requirement. I saw somewhere that they are starting the 5 year "clock" for some people at application date - but is it only if you were in the UK? Would mind be March 2020 + 5 years (minus 28 days), or only June 2020 + five years (minus 28 days)?

Sorry if this has already been answered, I am having trouble finding the right info based on my situation.

Your qualifying period starts from the visa issue date as you applied abroad.

You cannot use the concession of application date, this only applies to this who applied within the UK.

Thanks so much - is that still the case even though my BRP's date of issue is the 19th March 2020? Even though my entry clearance is June, it seems they backdated my BRP.

samzor88 wrote: ↑

Mon Mar 03, 2025 5:10 pm

Thanks so much - is that still the case even though my BRP's date of issue is the 19th March 2020? Even though my entry clearance is June, it seems they backdated my BRP.

BRP issue date probably matches the date of your very first visa approval. There was no backdating. This suggests you are eligible for ILR now

Thanks for the help!