T2 General 5 years - ILR Application - Questions

UKSkilledworker123 · Post by **UKSkilledworker123** » Tue Mar 21, 2023 8:54 pm

Hi
I am completing my T2 General 5 years in July 2023 and will be eligible for ILR
I have an issue though...
My entry clearance visa vignette start date is 04/07/2018
My actual entry date is 13/07/2018
However my BRP end date is 03/06/2023 - I didnt realized it is 1 month short of my 5 years T2 General, It should have been 03/07/2023

My first question is what is my actual start date for 5 years calculation - 04/07/2018 or 12/07/2018?
My second question is....
Now to apply for ILR, we shouldn't apply not before 5 years minus 28 days, that is 06/06/2023 or 15/06/2023
I am falling short of 3 or 12 days

Can I apply on 02/06/2023 and delay biometrics till 06/06/2023 or 13/06/2023?
Should I apply for Extension first delay biometrics and then apply second application for ILR
If I have to apply for Extension, should I ask for 1 month CoS, so that I pay Visa fee £719 and 1 month IHS 624/12 = 52, will it get refunded when they process second application ILR?

please help?

AmazonianX · Post by **AmazonianX** » Tue Mar 21, 2023 9:35 pm

UKSkilledworker123 wrote: ↑
Tue Mar 21, 2023 8:54 pm
Hi
I am completing my T2 General 5 years in July 2023 and will be eligible for ILR
I have an issue though...
My entry clearance visa vignette start date is 04/07/2018
My actual entry date is 13/07/2018
However my BRP end date is 03/06/2023 - I didnt realized it is 1 month short of my 5 years T2 General, It should have been 03/07/2023

My first question is what is my actual start date for 5 years calculation - 04/07/2018 or 12/07/2018?
My second question is....
Now to apply for ILR, we shouldn't apply not before 5 years minus 28 days, that is 06/06/2023 or 15/06/2023
I am falling short of 3 or 12 days

Can I apply on 02/06/2023 yes and delay biometrics till 06/06/2023 or 13/06/2023? You have 45days after submitting within which you should book and intended biometrics appointment.
Should I apply for Extension first delay biometrics and then apply second application for ILR
If I have to apply for Extension, should I ask for 1 month CoS, so that I pay Visa fee £719 and 1 month IHS 624/12 = 52, will it get refunded when they process second application ILR?

please help?

UKSkilledworker123 · Post by **UKSkilledworker123** » Tue Mar 21, 2023 10:05 pm

Thanks for your response.
Yes I will apply on 02/06/2023 - one day before my expiry date. I have to pay the fee too, as it wont be considered applied, right?
But am I not defaulting the rule of applying 4 days before 28 day rule, that is I am applying 31 days earlier?

Do you mean to say, It will be the day after I give my Biometrics, Immigration officer check 5 years minus 28 days?
that is , if I attend on 06/06/2023, and applied in normal category (not super priority/priority service), it will be any day after 06/06/2023 they check and calculate 5 years minus 28 days?

Sorry for being pedantic.

UKSkilledworker123 · Post by **UKSkilledworker123** » Tue Mar 21, 2023 10:27 pm

AmazonianX wrote: ↑
Tue Mar 21, 2023 9:35 pm

UKSkilledworker123 wrote: ↑
Tue Mar 21, 2023 8:54 pm
Hi
I am completing my T2 General 5 years in July 2023 and will be eligible for ILR
I have an issue though...
My entry clearance visa vignette start date is 04/07/2018
My actual entry date is 13/07/2018
However my BRP end date is 03/06/2023 - I didnt realized it is 1 month short of my 5 years T2 General, It should have been 03/07/2023

My first question is what is my actual start date for 5 years calculation - 04/07/2018 or 12/07/2018?
My second question is....
Now to apply for ILR, we shouldn't apply not before 5 years minus 28 days, that is 06/06/2023 or 15/06/2023
I am falling short of 3 or 12 days

Can I apply on 02/06/2023 yes and delay biometrics till 06/06/2023 or 13/06/2023? You have 45days after submitting within which you should book and intended biometrics appointment.
Should I apply for Extension first delay biometrics and then apply second application for ILR
If I have to apply for Extension, should I ask for 1 month CoS, so that I pay Visa fee £719 and 1 month IHS 624/12 = 52, will it get refunded when they process second application ILR?

please help?

Thanks for your response.
Yes I will apply on 02/06/2023 - one day before my expiry date. I have to pay the fee too, as it wont be considered applied, right?
But am I not defaulting the rule of applying 4 days before 28 day rule, that is I am applying 31 days earlier?

Do you mean to say, It will be the day after I give my Biometrics, Immigration officer check 5 years minus 28 days?
that is , if I attend on 06/06/2023, and applied in normal category (not super priority/priority service), it will be any day after 06/06/2023 they check and calculate 5 years minus 28 days?

Sorry for being pedantic.

AmazonianX · Post by **AmazonianX** » Wed Mar 22, 2023 2:36 am

UKSkilledworker123 wrote: ↑
Tue Mar 21, 2023 10:27 pm

AmazonianX wrote: ↑
Tue Mar 21, 2023 9:35 pm

UKSkilledworker123 wrote: ↑
Tue Mar 21, 2023 8:54 pm
Hi
I am completing my T2 General 5 years in July 2023 and will be eligible for ILR
I have an issue though...
My entry clearance visa vignette start date is 04/07/2018
My actual entry date is 13/07/2018
However my BRP end date is 03/06/2023 - I didnt realized it is 1 month short of my 5 years T2 General, It should have been 03/07/2023

My first question is what is my actual start date for 5 years calculation - 04/07/2018 or 12/07/2018?
My second question is....
Now to apply for ILR, we shouldn't apply not before 5 years minus 28 days, that is 06/06/2023 or 15/06/2023
I am falling short of 3 or 12 days

Can I apply on 02/06/2023 yes and delay biometrics till 06/06/2023 or 13/06/2023? You have 45days after submitting within which you should book and intended biometrics appointment.
Should I apply for Extension first delay biometrics and then apply second application for ILR
If I have to apply for Extension, should I ask for 1 month CoS, so that I pay Visa fee £719 and 1 month IHS 624/12 = 52, will it get refunded when they process second application ILR?

please help?

Thanks for your response.
Yes I will apply on 02/06/2023 - one day before my expiry date. I have to pay the fee too, as it wont be considered applied, right? Correct, fee payment must be done.
But am I not defaulting the rule of applying 4 days before 28 day rule, that is I am applying 31 days earlier? Yes it appears so at application time however by attending biometrics after you will be fine

Do you mean to say, It will be the day after I give my Biometrics, Immigration officer check 5 years minus 28 days?
that is , if I attend on 06/06/2023, and applied in normal category (not super priority/priority service), it will be any day after 06/06/2023 they check and calculate 5 years minus 28 days?

Sorry for being pedantic.

UKSkilledworker123 · Post by **UKSkilledworker123** » Wed Mar 22, 2023 1:10 pm

AmazonianX wrote: ↑
Wed Mar 22, 2023 2:36 am

UKSkilledworker123 wrote: ↑
Tue Mar 21, 2023 10:27 pm

AmazonianX wrote: ↑
Tue Mar 21, 2023 9:35 pm

UKSkilledworker123 wrote: ↑
Tue Mar 21, 2023 8:54 pm
Hi
I am completing my T2 General 5 years in July 2023 and will be eligible for ILR
I have an issue though...
My entry clearance visa vignette start date is 04/07/2018
My actual entry date is 13/07/2018
However my BRP end date is 03/06/2023 - I didnt realized it is 1 month short of my 5 years T2 General, It should have been 03/07/2023

My first question is what is my actual start date for 5 years calculation - 04/07/2018 or 12/07/2018?
My second question is....
Now to apply for ILR, we shouldn't apply not before 5 years minus 28 days, that is 06/06/2023 or 15/06/2023
I am falling short of 3 or 12 days

Can I apply on 02/06/2023 yes and delay biometrics till 06/06/2023 or 13/06/2023? You have 45days after submitting within which you should book and intended biometrics appointment.
Should I apply for Extension first delay biometrics and then apply second application for ILR
If I have to apply for Extension, should I ask for 1 month CoS, so that I pay Visa fee £719 and 1 month IHS 624/12 = 52, will it get refunded when they process second application ILR?

please help?

Thanks for your response.
Yes I will apply on 02/06/2023 - one day before my expiry date. I have to pay the fee too, as it wont be considered applied, right? Correct, fee payment must be done.
But am I not defaulting the rule of applying 4 days before 28 day rule, that is I am applying 31 days earlier? Yes it appears so at application time however by attending biometrics after you will be fine

Do you mean to say, It will be the day after I give my Biometrics, Immigration officer check 5 years minus 28 days?
that is , if I attend on 06/06/2023, and applied in normal category (not super priority/priority service), it will be any day after 06/06/2023 they check and calculate 5 years minus 28 days?

Sorry for being pedantic.
Do you recommend me to apply priority service
5 days

meself2 · Post by **meself2** » Wed Mar 22, 2023 1:33 pm

It's up to you which service you go for. While your application is processing, you're covered under Section 3C and condition of your last visa applies anyway.

UKSkilledworker123 · Post by **UKSkilledworker123** » Wed Mar 22, 2023 4:31 pm

A - My Entry Clearance VISA Vignette start date on the passport is : 04/07/2018
B - My arrival to UK is 13/07/2018
C - My BRP End/Expiry date is : 03/06/2023 (unfortunately it is 1 month short of 5 years, BRP error)
D - Earliest I can apply is A + 5 years - 28 days = 06/06/2023 (as experts here advised)

Experts here and other forums also advised not to worry about the 3 days of No VISA situation
Advised me to submit ILR Application (pay fee) on 03/06/2023
Submit Biometrics after 06/06/2023 (within 45 days from 03/06/2023)

I have following questions if you can help me with

1. I am not doubting experts advise, but as this is one of most important event I don't want to risk,
is it 100% sure, Officer considers 5 years minus 28 days on the day of decision (obviously after
06/06/2023, as I will give biometrics on that day), not the application date (03/06/2023)?

2. Please advise can I go for Priority Service - 5 working days decision route?
as 03/06/2023 is Sat, 5 working days decision means up to 09/06/2023?
Because I need to travel to my country in early August

3. Because of tight timelines, when is it advised to get the letter from employer?

4. Can you guide me any app/sources for Life in UK test, I am planning to complete it next month?

Thank you

CR001 · Post by **CR001** » Wed Mar 22, 2023 4:34 pm

Topics merged!!!

1. Yes. UKVI do know the rules. You are overthinking.

2. Yes if rhe priority service is available. The 5 days priority kicks in once you ha e attended your biometric appointment. Priority service is also not a guaranteed service.

3. The letter cannot be older than 28 days on rhe date you submit and pay online.

4. Google???

UKSkilledworker123 · Post by **UKSkilledworker123** » Wed Mar 22, 2023 5:07 pm

Thanks CR001 for merge and responding.

3. So to understand correctly
if I ask my HR to issue me a letter on the earliest working day to 03/06/2023 (Sat), is 02/06/2023
is it ok to use 02/06/2023 letter on 03/06/2023 - Application date, which is 31 days prior to 5 years?

Ticktack · Post by **Ticktack** » Wed Mar 22, 2023 5:28 pm

UKSkilledworker123 wrote: ↑
Wed Mar 22, 2023 5:07 pm
Thanks CR001 for merge and responding.

3. So to understand correctly
if I ask my HR to issue me a letter on the earliest working day to 03/06/2023 (Sat), is 02/06/2023
is it ok to use 02/06/2023 letter on 03/06/2023 - Application date, which is 31 days prior to 5 years?

Oh you're nitpicking. Completely overthinking to the hours and minutes. It's just a letter from the HR.

It would be fine any day you go with. Friday, Saturday or even the Monday.

UKSkilledworker123 · Post by **UKSkilledworker123** » Wed Mar 22, 2023 5:45 pm

Ticktack wrote: ↑
Wed Mar 22, 2023 5:28 pm

UKSkilledworker123 wrote: ↑
Wed Mar 22, 2023 5:07 pm
Thanks CR001 for merge and responding.

3. So to understand correctly
if I ask my HR to issue me a letter on the earliest working day to 03/06/2023 (Sat), is 02/06/2023
is it ok to use 02/06/2023 letter on 03/06/2023 - Application date, which is 31 days prior to 5 years?
Oh you're nitpicking. Completely overthinking to the hours and minutes. It's just a letter from the HR. It would be fine any day you go with. Friday, Saturday or even the Monday.

I am sorry not nitpicking. I am confused with 28 days old part, with the 28 days prior 5 years applying bit.
If I understand right, letter shoudn't be 28 days old and this have no relation to the 28 days prior to 5 years application.

FYI, in my case which is specific because of 59 months T2 General visa. I hope you see where I am coming from

Ticktack · Post by **Ticktack** » Thu Mar 23, 2023 9:02 am

UKSkilledworker123 wrote: ↑
Wed Mar 22, 2023 5:45 pm

Ticktack wrote: ↑
Wed Mar 22, 2023 5:28 pm

UKSkilledworker123 wrote: ↑
Wed Mar 22, 2023 5:07 pm
Thanks CR001 for merge and responding.

3. So to understand correctly
if I ask my HR to issue me a letter on the earliest working day to 03/06/2023 (Sat), is 02/06/2023
is it ok to use 02/06/2023 letter on 03/06/2023 - Application date, which is 31 days prior to 5 years?
Oh you're nitpicking. Completely overthinking to the hours and minutes. It's just a letter from the HR. It would be fine any day you go with. Friday, Saturday or even the Monday.
I am sorry not nitpicking. I am confused with 28 days old part, with the 28 days prior 5 years applying bit.
If I understand right, letter shoudn't be 28 days old and this have no relation to the 28 days prior to 5 years application. The 28 days grace period for early application is for those that want to apply early for whatever reason. You can normally make an application up until the last day of your visa expiration date.
The 28 days for office HR letter is to make sure that your letter is as recent as possible. How else would the HO know that you haven't lost your job after the letter was issued. So it can't be 2-3 months before application. Hope that makes sense. Circumstances always change.

FYI, in my case which is specific because of 59 months T2 General visa. I hope you see where I am coming from

UKSkilledworker123 · Post by **UKSkilledworker123** » Thu Mar 23, 2023 10:41 am

Thanks for the response, I agree the point
my reason for applying early is my total T2 Gen VISA validity given is 59 months unfortunately
Entry clearance visa vignette start date 04/07/2018
to
BRP End date 03/06/2023 (instead of 03/07/2023)

Because of which everything is sounding risk to me.
As experts here advised to apply on 02/06/2023 (31 days to 60 months)
But take Biometrics on or after 06/06/2023 (28 days to 60 months)

How can I get Employee letter 28 days prior if my application date is 31 days to 5 years
I hope you see why I am specifically asking questions (nitpicking

)

CR001 · Post by **CR001** » Thu Mar 23, 2023 10:43 am

You are confusing things completely.

The date of application is the date you submit and pay online and your supporting documents must not be older than 28 days on the date of application. If you apply on 2nd June, your employer letter, payslip and bank statement cannot be older than 28 days on this date

This has absolutely nothing to do with the 28 days applying early Concession for ILR.

UKSkilledworker123 · Post by **UKSkilledworker123** » Thu Mar 23, 2023 11:25 am

CR001 wrote: ↑
Thu Mar 23, 2023 10:43 am
You are confusing things completely.

The date of application is the date you submit and pay online and your supporting documents must not be older than 28 days on the date of application. If you apply on 2nd June, your employer letter, payslip and bank statement cannot be older than 28 days on this date

This has absolutely nothing to do with the 28 days applying early Concession for ILR.

Ahh ok, thanks for clarifying. I got it now.

I will get the documents as close as possible to 2nd June (Application date).

And will try and book Biometrics on or after 6th June as available.

Thanks again.

UKSkilledworker123 · Post by **UKSkilledworker123** » Thu Mar 23, 2023 5:24 pm

I am satisfied with the advise to apply ILR as advised above, however a solicitor is advising me as a safest option, as following

I know I will be seen as overthinking but the amount of confusion for this imp event is making me so. Please don't get annoyed

1. Apply for 1 month T2 Skilled worker VISA Extension with 1 month COS on 02/06/2023
(VISA fee £719 + 1 month IHS 624/12 = 52)
Don't book Biometrics

Then

2. Apply for ILR on or after 06/06/2023 and go ahead with Biometrics
Then first application's fee and IHS will be reimbursed.

I have 2 questions please

1. Can I ask my HR for 1 month COS to apply for 1 month extension (£719) with 1 month IHS payment £52?
2. Is the VISA extension fee + IHS both be refunded?

Ticktack · Post by **Ticktack** » Fri Mar 24, 2023 9:23 am

UKSkilledworker123 wrote: ↑
Thu Mar 23, 2023 5:24 pm
I am satisfied with the advise to apply ILR as advised above, however a solicitor is advising me as a safest option, as following

I know I will be seen as overthinking but the amount of confusion for this imp event is making me so. Please don't get annoyed

1. Apply for 1 month T2 Skilled worker VISA Extension with 1 month COS on 02/06/2023
(VISA fee £719 + 1 month IHS 624/12 = 52)
Don't book Biometrics

Then

2. Apply for ILR on or after 06/06/2023 and go ahead with Biometrics
Then first application's fee and IHS will be reimbursed.

I have 2 questions please

1. Can I ask my HR for 1 month COS to apply for 1 month extension (£719) with 1 month IHS payment £52? That might be a question for your HR to answer.
2. Is the VISA extension fee + IHS both be refunded? I'm surprised that the solicitor didn't give you an answer to this one. You can claim an IHS refund if your visa application is refused or withdrawn.

UKSkilledworker123 · Post by **UKSkilledworker123** » Fri Mar 24, 2023 10:29 am

Thanks for the response
I am going to eventually talk to HR but before that checking here if 1 month extn is possible at all
and about refund solicitor said he is sure about VISA fee refund if I defer extn application, but not sure about IHS (if it is one month, I too dont worry much about it)

CR001 · Post by **CR001** » Fri Mar 24, 2023 10:39 am

You are overthinking. You do not need a 1 month visa extension.

Simply apply for ILR close to your visa expiry day and ensure your biometrics appointment slightly delayed till you are within the period of 28 days before.

You need to meet the requirements in the day that UKVI starts processing you application, which is only AFTER you have enrolled biometrics!!

UKSkilledworker123 · Post by **UKSkilledworker123** » Fri Mar 24, 2023 12:59 pm

CR001 wrote: ↑
Fri Mar 24, 2023 10:39 am
You are overthinking. You do not need a 1 month visa extension.

Simply apply for ILR close to your visa expiry day and ensure your biometrics appointment slightly delayed till you are within the period of 28 days before.

You need to meet the requirements in the day that UKVI starts processing you application, which is only AFTER you have enrolled biometrics!!

Thanks again
I will do this way.
please suggest if I have priority (5 days) or Super Priority - can I take it, as the requirements will meet on the processing day (which is after biometrics)

CR001 · Post by **CR001** » Fri Mar 24, 2023 1:31 pm

Yes fine, just make sure your biometric appointment is within the 28 days before qualifying period.

UKSkilledworker123 · Post by **UKSkilledworker123** » Fri Mar 24, 2023 2:33 pm

CR001 wrote: ↑
Fri Mar 24, 2023 1:31 pm
Yes fine, just make sure your biometric appointment is within the 28 days before qualifying period.

Thanks a lot for your help again. I think I am lot more confident now than before.

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