Confusion - When will I be eligible to apply for an ILR application according to the current rules?

[rahul_kapoor]

Confusion - When will I be eligible to apply for an ILR application according to the current rules?

Facts –
·  Visa received on 15 December 2020 but couldn’t travel due to COVID crisis.
·  New Vignette received it on 10 March 2021 and traveled to UK on 08 May 2021.

Question –
1) Visa validity start date is considered as 5-year period for ILR or the date of entry to the country?

2) 28 days before rule –

a. Will i be eligible to apply for ILR application in November 2025 if earlier visa start date was 15 December 2020? or

b. Can I apply for ILR application in February 2026 – considering the second vignette valid from 10 March 2021? Or

c. Should I wait and apply in April 2026 – considering my date of entry as 08 May 2021?

Thank you.

[zimba]

The date of entry is irrelevant. The qualifying period is counted from the very first date of visa approval, which for you is the first BRP issue date. The 28 day concession means you will be eligible for ILR (i.e. ILR can be granted) within 28 days of completing your 5 years.

The date of ILR application is largely irrelevant.

Read: Applicants can benefit from the date of the ILR decision

[rahul_kapoor]

It means that 180 days also covers the time between getting your visa and entering the UK.
Can you please share the rule or source that confirms this? Would be really helpful.

or after one enters the UK and the next 5 years ?

[zimba]

Counting the continuous residence period
Where a person is applying for settlement as soon as they qualify you will need to
calculate their period of continuous residence. See Check immigration history
section of this guidance on how to calculate the period of continuous residence.

In these instances, you must establish the date the applicant was granted entry
clearance. The time between the grant of entry clearance and the date of arrival is a
period during which they had permission on that route and should be treated as a
period of lawful residence. In these instances, you must establish the date the
applicant entered the UK. The time between the grant of entry clearance and the
date they entered the UK counts towards the total of absences.

https://assets.publishing.service.gov.u ... ce__1_.pdf