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Tier 2 to ILR: Entry Clearance Issue Date

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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

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lukeh8793
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Tier 2 to ILR: Entry Clearance Issue Date

Post by lukeh8793 » Mon Feb 17, 2020 11:02 pm

Hi, first time posting here since I’m almost done with my 5 year period.

Where can I find my entry clearance issue date? I know I can count the time before entry clearance issue date and my first entry. But on my 30-day entry clearance there’s only an issue date. And I applied before that. Will I have to do an SAR to find out?

I applied for my T2 visa in April 2015, but I stayed that I wouldn’t be starting until July. So my visa “valid from” was July 1 2015 but I can’t find anything on my “entry clearance issue date.”

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Casa
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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by Casa » Mon Feb 17, 2020 11:48 pm

It's the date your entry visa was issued...not the date you submitted your application. :idea:
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lukeh8793
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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by lukeh8793 » Tue Feb 18, 2020 9:29 am

I know it’s the date of issue, not application. But that’s not my question.

The visa was issued in April 2015, a few days after I applied (i.e., the visa was placed in my passport and I got my passport back in April 2015), but the visa wasn’t valid until July, because I had requested that it didn’t start until July.

So for ILR purposes do I need to find out which date in April the entry clearance sticker was issued (printed and placed in my passport), and if so, how?

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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by CR001 » Tue Feb 18, 2020 10:36 am

it is the date on your visa vignette, valid from date.
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lukeh8793
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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by lukeh8793 » Tue Feb 18, 2020 10:42 am

Then how can anyone take advantage of the time between entry clearance is issued and time of entry in the UK since the initial vignette is only valid for 30 days? Does it mean the most time you can get is 30 days.

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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by bhai86 » Tue Feb 18, 2020 11:34 am

lukeh8793 wrote:
Mon Feb 17, 2020 11:02 pm
I know I can count the time before entry clearance issue date and my first entry.
Where did you read that? You cannot count any time before visa issue/valid-from date.
Your 5 year clock starts from visa issue/valid-from date.

You can apply for ILR 28 days before completing 5 year period.

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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by lukeh8793 » Tue Feb 18, 2020 11:59 am

Apologies, I meant “between,” not “before”.

That’s exactly my question. Are the “visa issue” date and ”valid from” date the same thing?

If they are, why were people so excited when the new policy guidance removed the 90 day maximum for counting absences between date visa is issued and date of first entry in the UK, given the initial visa is only valid for 30 days?

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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by CR001 » Tue Feb 18, 2020 12:08 pm

Are the “visa issue” date and ”valid from” date the same thing?
Yes.
If they are, why were people so excited when the new policy guidance removed the 90 day maximum for counting absences between date visa is issued and date of first entry in the UK, given the initial visa is only valid for 30 days?
The OLD 90 day rule was mostly applicable before the new 30 day visa vignette was introduced, when members received their full 3 year visa validity stamped as a visa vignette.
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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by lukeh8793 » Tue Feb 18, 2020 1:00 pm

Ok, thanks, that’s unfortunate. A few more weeks of waiting for me then.

lukeh8793
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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by lukeh8793 » Tue Feb 18, 2020 5:39 pm

I checked my first BRP and it had an issue day of 13 June 2015 (before I arrived in the UK and before the “valid from” date on my entry clearance). Does it change the answer?

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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by Zimba » Tue Feb 18, 2020 5:54 pm

lukeh8793 wrote:
Tue Feb 18, 2020 5:39 pm
I checked my first BRP and it had an issue day of 13 June 2015 (before I arrived in the UK and before the “valid from” date on my entry clearance). Does it change the answer?
You should use the earliest date either on the visa sticker or the BRP
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

lukeh8793
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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by lukeh8793 » Tue Feb 18, 2020 6:14 pm

Then the “issue date” isn’t really the same as the “valid from” date.

Is there anywhere I can submit a request to Home Office for clarification?

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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by bhai86 » Wed Feb 19, 2020 12:53 pm

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application


https://www.gov.uk/government/publicati ... riod-in-uk


As mentioned by Zimba, you can use the earliest issue/valid date whichever it is - either on the vignette sticker or on BRP.

Does your BRP starts/valid date from April or July?

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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by lukeh8793 » Wed Feb 19, 2020 1:05 pm

There are three dates, and I don’t know which one is relevant start date of the qualifying period.

- the date of the approval of my visa - the date I was handed back my passport with my visa in it (XX April 2015 - I don’t know the exact date - presumably I must have received some approval notice but in any event I don’t have a record of it)
- the issue date of my BRP (13 June 2015)
- the “valid from” date of my visa (1 July 2015)

That’s where it gets funny. I assume my BRP Issue Date was just the date they physically produced the card, which I later had to pick up from the post office. My T2G leave didn’t start until 1 July 2015 and there was no way I could have picked up the BRP in the UK before 1 July 2015. The BRP issue date seems a little random to me.

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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by Zimba » Wed Feb 19, 2020 2:15 pm

lukeh8793 wrote:
Wed Feb 19, 2020 1:05 pm
There are three dates, and I don’t know which one is relevant start date of the qualifying period.

- the date of the approval of my visa - the date I was handed back my passport with my visa in it (XX April 2015 - I don’t know the exact date - presumably I must have received some approval notice but in any event I don’t have a record of it)
- the issue date of my BRP (13 June 2015)
- the “valid from” date of my visa (1 July 2015)

That’s where it gets funny. I assume my BRP Issue Date was just the date they physically produced the card, which I later had to pick up from the post office. My T2G leave didn’t start until 1 July 2015 and there was no way I could have picked up the BRP in the UK before 1 July 2015. The BRP issue date seems a little random to me.
Actually it is simple and as I suggested, you need to take the earliest date. Visa approval date in most cases is the same as the date on your visa sticker or BRP issue date. However for administrative reasons, the date of you document could be a later date as a visa or BRP document cannot be backdated. So if your visa was approved last week but the sticker/BP is produced or printed today, it will have the today's date (that is simply the issue date and not necessarily the approval date). So as long as you use the earliest date, you will be perfectly safe. From the immigration rules perspective, your qualifying period starts from the date of visa approval which may or may not be the same as your immigration document issue date.
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

lukeh8793
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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by lukeh8793 » Wed Feb 19, 2020 3:41 pm

That’s great, thank you.

Even though my case is slightly different - it isn’t a delay in issuing the visa or BRP. But when I applied to the visa I deliberately asked for a delayed start time. But I take it from your reply that it would still be the date of approval that matters.

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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by Caramelsugar » Thu Feb 20, 2020 6:53 am

We are in the same boat.
Brp issue date: 2 Feb 2016,
Visa valid from 18th Feb 2016.

All very confusing now

lukeh8793
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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by lukeh8793 » Thu Feb 20, 2020 9:04 am

Caramelsugar wrote:
Thu Feb 20, 2020 6:53 am
We are in the same boat.
Brp issue date: 2 Feb 2016,
Visa valid from 18th Feb 2016.

All very confusing now
Did you apply for your initial visa outside the UK?
Do you know when it was approved, and did you ask for a delayed visa valid from date?

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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by Caramelsugar » Thu Feb 20, 2020 9:24 pm

Yes my initial visa was approved outside UK and
the date on approval letter was 2nd February 2016
Sorry issue date on BRP : 4th February 2016
Entry visa : valid from 18th February 2016
I entered UK on 19th February 2016.
My new tier 2 visa expires on 20th February 2021

My cos start date then for my first tier 2 15 Feb 2016.

I didn't apply for delayed visa.

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Re: Tier 2 to ILR: Entry Clearance Issue Date

Post by Zimba » Fri Feb 21, 2020 1:58 am

Caramelsugar wrote:
Thu Feb 20, 2020 6:53 am
We are in the same boat.
Brp issue date: 2 Feb 2016,
Visa valid from 18th Feb 2016.

All very confusing now
The advice given above applies to you too. There is no confusion
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

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