Skilled Worker ILR - Tier 2 visa expires JUST before qualifying period

Hi all,

I am on track to apply for ILR via the Skilled Worker route but my visa expires before I can apply for ILR. I got my Tier 2 visa by converting from a Tier 4 visa after I finished my studies, so my date of entry is before the visa issue date. Here are the relevant dates:

* Tier 2 visa issue date - 19/09/2019
* Tier 2 visa expiry date - 18/08/2024
* 5 years from visa issue date - 19/09/2024
* 5 years minus 28 days - 22/08/2024

As you can see, my visa expires JUST before 5 years minus 28 days of continuous residence (CR) due to it only lasting 4 years and 11 months (although I applied for a 5-year visa).

From this comment by Zimba, viewtopic.php?t=336290#p2110176, it sounds like it is possible to submit my ILR application before my visa expires (so I can continue staying in the UK after my visa expires), and only provide biometrics when I qualify for 5 years of CR.

My question is when will I qualify for 5 years of CR and when should I provide my biometrics? Is it anytime after 22/08/2024 or does it have to be after I hit full 5 years (19/09/2024)? I intend on using the super priority service so I assume my application will be processed within 2 days of providing my biometrics.

You must count backwards from whichever of the following is most beneficial to the
applicant to see whether they meet the qualifying period:
• the date of application
• any date up to 28 days after the date of application
• the date of decision
• for a person seeking settlement on the UK Ancestry route, the date of their last
grant of permission

Based on the above, the date of decision will probably be the most beneficial to me. Does the date of decision have to be after 22/08/2024 or 19/09/2024 for me to qualify?

Any help is greatly appreciated, thanks!

The date of decision is the most beneficial.

You can apply anytime before the expiry date of your current visa and then book biometrics on/from the day you qualify, i.e. 22/08/2024, then you will be eligible when a decision is made within the super-priority timeframe (provided this service is available to you when applying).

Hi lolo2,

Thanks a lot for the quick reply!

Are you sure that 22/08/2024 (5 years minus 28 days) is the earliest qualifying date and not 19/09/2024 (5 years) if I'm relying on the date of decision? The "any date up to 28 days after the date of application" clause seem to imply that the date has to be on or after full 5 years of continued residence.

If I do have to wait until 19/09/2024 before submitting my biometrics, will the Home Office flag it if there is a big gap between the application (before 18/08/2024) and the biometrics submission?

See: viewtopic.php?f=44&t=347709