Dependent eligible for ILR 1 week after Visa expiry date

ganeshb5u · Post by **ganeshb5u** » Mon May 30, 2022 6:23 pm

Hello Experts,
I have very similar dates as Thevar, however there is some difference start date of BRP card is a few weeks before visa start date on passport , and even my UK entry date. So how do i calculate the eligibility date.

please guide me, as my partners visa is a bit more complex and this 2 weeks might make a big difference, his visa expires 1 week before his ILR eligible date. I will post a separate question on that topic.

Vignette affixed on passport and valid from 13 Sep 2017 to 13 Oct 2017.
Entry into UK: 24 Sep 2017.
BRP related to this T2 G Visa : 30-08-2017to 15-10-2022

1. if I use my visa start date as per BRP i am eligible from 1st of Aug 2022. If I use as per my passport visa start date it is 15th of Aug 2022. kindly confirm which one is the correct date to use

2. Note that i was on T2 ICT Dependent visa prior from 2015 to June2017. I am assuming that is not relavent to ILR eligibility . Please confirm. ( and is this why my BRP start date is prior to Visa start date? )

Thank you in advance.
Nshenoy

Post by **CR001** » Mon May 30, 2022 6:32 pm

Please do NOT tag your questions onto other members topics. It is considered rude and unfair to other users.

You can use BRP issue date as the start date.

Your ICT dependent visa time is irrelevant if you are applying for ILR based on 5 years residence.

ganeshb5u · Post by **ganeshb5u** » Mon May 30, 2022 6:55 pm

Hi Experts,

My situation is as follows
1. In 2017 , I switched for T2 ICT to T2 General Dependent in the UK . My wife had to travel outside the UK and switch visa category ( T2 ICT dependent to T2 General)
2. Dates related my ILR application
my (T2 dependent) Start and End date on BRP -- 20/11/2017 to 15/10/2022
So earliest ILR date as per some online calculators is 22-10-2022
which is one week later than Visa Expiry.

FYI, my wife's case seems a bit straight forward below are the dates.
BRP start and end date - 30-08-2017 to 15-10-2022
although date on passport sticker is - 13-09-207 to 13-10-2017
UK arrival date - 24-09-2017
eligible for ILR application from 15-8-2017 if i consider date on passport sticker.

Please advise , what i need to do as my Visa expiry is on 15/10/2022 and ILR application can be made only on 22-10-2022 . I think i cant apply for any extension as my wife ( main Applicant's) BRP also expires 15/10/2022

Note - similar case discussed here, but no further guidance on next steps.
indefinite-leave-to-remain/ilr-continuo ... 19858.html

Post by **zimba** » Tue May 31, 2022 11:40 am

This has been answered many times. You apply before visa expiry and book the appointment after the date on which she qualifies. Thanks to Section 3C, she can be granted ILR any time later as time spent under section 3C is lawful stay

ganeshb5u · Post by **ganeshb5u** » Tue May 31, 2022 3:42 pm

Hi Zimba,

Many thanks for your reply. I did search the forum and could not find this specific question.

I just wanted to make sure I have understood this correctly.

Zimba wrote: ↑
Tue May 31, 2022 11:40 am
This has been answered many times. You apply before visa expiry and book the appointment after the date on which she qualifies. Thanks to Section 3C, she can be granted ILR any time later as time spent under section 3C is lawful stay

1. When you say apply before Visa Expiry, do you mean to apply for Visa extension or apply for ILR ( even though i am about 1 week short of 5 years in the UK on this visa category)
2. Also I am working full time based on this visa. Am I permitted to work while my ILR application is filed ( for the 1 week where i have not completed 5 years in the UK )

thanks again for the quick reply.

Post by **zimba** » Tue May 31, 2022 3:52 pm

When you apply for a new application before visa expiry, the provisions under section 3C of the immigration act get engaged when your visa expires. This means your current visa and all of its privileges are automatically extended until a decision is made on your pending application. So the time waiting is lawful residence. This period also counts as lawful residence towards the ILR application you lodged. Eventually, when the case worker processes your application, they will count your lawful residence up to that point to see if you are eligible for ILR. This is how you can apply for ILR early before visa expiry and still qualify for ILR without any issues

Post by **Ticktack** » Tue May 31, 2022 3:55 pm

ganeshb5u wrote: ↑
Tue May 31, 2022 3:42 pm
Hi Zimba,

Many thanks for your reply. I did search the forum and could not find this specific question.

I just wanted to make sure I have understood this correctly.

Zimba wrote: ↑
Tue May 31, 2022 11:40 am
This has been answered many times. You apply before visa expiry and book the appointment after the date on which she qualifies. Thanks to Section 3C, she can be granted ILR any time later as time spent under section 3C is lawful stay
1. When you say apply before Visa Expiry, do you mean to apply for Visa extension or apply for ILR ( even though i am about 1 week short of 5 years in the UK on this visa category)Zimba means apply for you ILR as per normal. Then make sure you have your fingerprint at a date when you're due. Without biometrics, your ILR application isn't valid yet. So it becomes valid when you're actually due. It's on multiple pages on the ILR forum.
2. Also I am working full time based on this visa. Am I permitted to work while my ILR application is filed ( for the 1 week where i have not completed 5 years in the UK ) Technically, you're allowed to work as the Section 3C retains your previous right to work till a decision is made on your new application. However, employers are different. Sometimes they don't understand this and it could be a tricky situation with them as well. Also check through the forum and you'll find cases as such.

thanks again for the quick reply.

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