ILR: when can I apply?

Dear all,
I have read some answers to the similar questions, but I am unsure my case. Any help or advice would be greatly appreciated.

I came in UK via Skill Worker visa route and switched to Global Talent visa after few months. I applied for skill worker visa outside UK and only received BRP decision letter as below.

The dates I have are the following:
• BRP Decision letter dated on 27 June 2022 (as above)
• Vignette 'Valid From' date: 10 August 2022
• Date I entered the UK: 14 Aug 2022
• BRP issue date: 14 July 2022.

My question is: Which date does my qualifying period start from? Is it 27 June, or 14 July or 10 August?
Actually, the sentence in BRP Decision letter : ...you have permission to be in the UK as skill worker migrant from 10 August 2022 ... makes me confused.

It is the earliest date of an immigration document so 14 July 2022 27 June 2022. The 10 August 2022 probably matches the date on your CoS

Thank you so much for your response.

I am quite confused as in your response as link: indefinite-leave-to-remain/ilr-5yrs-qua ... 42717.html, the start date is visa approval letter date. For my case, in the BRP decision letter dated on 27 Jun 2022 mentioned that " your application for a UK visa has been successful". Are they different?

sunnymoon wrote: ↑

Thu Jan 11, 2024 3:01 pm

Thank you so much for your response.

I am quite confused as in your response as link: https://www.immigrationboards.com/indef ... 42717.html, the start date is visa approval letter date. For my case, in the BRP decision letter dated on 27 Jun 2022 mentioned that " your application for a UK visa has been successful". Are they different?

Their visa letter approval date matches their visa vignette/BRP issue date.
For you, I erred on the side of caution and advised you to use the BRP date which is the earliest date on an immigration document you were issued

Thanks for clarifying it. My start date is 15 Aug 2022 on my COS, so the vignette is valid from 10 Aug 2022.

Then, I could book the appointment on or after (3 years+ July 14, 2022 -28days), right?

sunnymoon wrote: ↑

Thu Jan 11, 2024 4:10 pm

Thanks for clarifying it. My start date is 15 Aug 2022 on my COS, so the vignette is valid from 10 Aug 2022.

Then, I could book the appointment on or after (3 years+ July 14, 2022 -28days), right?

Yes

Many thanks for your answers, zimba!

Hi all,

Since I asked about the earliest date I could apply for ILR in this thread a year ago, i'd like to ask again to check if anything has changed.

Could you please take a look and let me know which date the qualifying period starts from in my case?

In the thread above, @zimba advised that I should use the BRP issue date as the start date to calculate the ILR qualifying period. I’m wondering if there have been any updates or changes to that guidance.

Any help or advice would be greatly appreciated.

Thanks in advance!

The advice you received last year remains the same, nothing has changed.

Thanks for your advice, lolo2.

Hi @Zimba,
I've reviewed the recent advice here: https://www.immigrationboards.com/earli ... 52009.html. I'm wondering if the earliest date of approval (27 June 2022) can be used to calculate my qualifying period of 3 years. If so, I could book the appointment on or after (27 June 2025 minus 28 days), right? I really appreciate your help.

Yes you can

Hi Zimba,
Thank you very much for the answer!!

Hi Zimba,
Recently, a member of the international staff support team at my university advised me that the qualifying period starts as follows:

Your individual eligibility date is calculated from:

• The date your first visa vignette was granted (if you applied from outside the UK),

• The date your Biometric Residence Permit (BRP) was issued (if you applied from within the UK), or

• The date your electronic immigration status began (if you applied using the UK Immigration: ID Check app).

Therefore, the appointment should be scheduled for 10 August 2025 minus 28 days. I understand this is a safe option, but I’m wondering if it’s the earliest possible date in my case.

The qualifying period is counted from the very first date of visa approval. Many immigration documents cannot be backdated, that is why they will have a date that they were printed/issued. That does NOT mean your visa was approved on that date.

So for you, that date is 27 June 2022. This means you will be eligible for ILR by the end of the month.

Hi Zimba,
Thanks for further explanation. Yes, I understood that many immigration documents cannot be backdated, that is why they will have a date that they were printed/issued, as I have read many your posts before asking the advice here.
The following graphs that are stated in the BRP decision letter make me confused (shown in my first post in this thread):
Your application for a UK visa has been successful. This means that when you arrive in the UK you
will have permission to be in the UK (known as Leave to Enter) as SKILLED WORKER MIGRANT
from 10 Aug 2022 to 28 May 2023.
and
Please note that this letter is not evidence of permission to enter or stay in the UK or the
conditions that could be attached to such permission. This letter is not evidence of any
permission you might have to work, a right to rent or to claim public funds in the UK. This
letter will not provide any employer with a defence against a civil penalty liability. Your BRP
is evidence of your permission and, with the exception of police registration, any conditions
attached to it.

If I apply and book the appointment at the end of this month and it is refused, can I apply again using the date of August 10 without any issues?

Again, the letter says your visa was approved. Of course, such letter could not be treated like a visa or BRP.
Here we are trying to identify when your qualifying period started and when you visa was APPROVED, not when you had a valid document that allowed you to travel, work, etc. The letter simply emphasised this. The advice given here has been given to many before you, so it's not the first time we encountered this