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ILR 5 years counting dates

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

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haggenjm
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Posts: 6
Joined: Mon Apr 27, 2020 1:53 pm
Chile

ILR 5 years counting dates

Post by haggenjm » Mon Apr 27, 2020 2:00 pm

Hi all,

I did my PhD in the UK with a Tier 4 visa, which then got switched to Tier 2 general. I'm about to apply for an extension but I find a hard time to figure out if I will manage to get a total of 5 years at the ends of my extension to apply for IRL. I understand you can apply 28 days before the 5 years. I am trying to avoid paying an extra application for a short period just to fit the 5 year rule (or paying double the fees for a longer than 3-year application).

My visa history follows:
• Tier 4 for and applied for a switch to Tier 2 before the end of July 2018 (I worked in the university under Tier 4 limitations until Tier 2 BRP was received).
• Letter of approval of Tier 2 dated 13/09/2018.
• Due to delivery issues, they dated my BRP the 28/09/2018 (my family BRPs are dated the 13/09/2018 as they arrived without issues).

For the calculation of the 5-year stay required for applying for indefinite leave to remain, which date is used as the start date?

My idea was to get a contract extension that covers from my current end-of-contract date (26/07/2020) to the end date of my current leave to remain (09/08/2020) + 3 years new period (to be covered by Tier 2 Extension) + 14 days usually given by Home office after end-of-contract (expected end of new leave to remain 23/08/2023).

My calculations based on such extension (if applicable to a 3-year visa application) considering the 28-day rule, if over 59 months I should be able to apply for IRL without a further visa application?):

If the date to consider is the letter of approval: 13/09/2018 to 23/08/2023. 59 months and 10 days.
If the date to consider is after my previous tier 4 visa expired: 01/08/2018-23/08/2023. 60 months and 22 days.
If the date to consider is the BRP date of issue: 28/09/2018-23/08/2023. 58 months and 26 days.

Can you clarify what would be the actual period and if the suggested extension would be feasible with a 3-year visa application? Or what are your suggested alternatives?

Many Thanks,

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zimba
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Re: ILR 5 years counting dates

Post by zimba » Tue Apr 28, 2020 12:57 am

BRP issue date is irrelevant. ILR qualifying period starts from visa approval date. You will be eligible within 28 days of completing your 5 years. You are also required to provide a letter from your employer that says they need you for the foreseeable future. Without that you cannot get ILR
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

haggenjm
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Posts: 6
Joined: Mon Apr 27, 2020 1:53 pm
Chile

Re: ILR 5 years counting dates

Post by haggenjm » Tue Apr 28, 2020 7:03 am

Thank you very much for your advice Zimba :)

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