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ILR Qualifying Period Calculations

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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renitatrojillo
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ILR Qualifying Period Calculations

Post by renitatrojillo » Tue May 13, 2025 10:08 pm

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?

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zimba
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Re: ILR Qualifying Period Calculations

Post by zimba » Wed May 14, 2025 3:58 am

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
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

renitatrojillo
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Re: ILR Qualifying Period Calculations

Post by renitatrojillo » Wed May 14, 2025 5:33 am

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.

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zimba
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Re: ILR Qualifying Period Calculations

Post by zimba » Wed May 14, 2025 2:51 pm

Yes, I discussed this many times on the forum
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

renitatrojillo
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Re: ILR Qualifying Period Calculations

Post by renitatrojillo » Wed May 14, 2025 9:31 pm

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

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