BN(O) ILR – eVisa “Valid From” Date Different from Original Grant Date – Risk of Refusal?

[tezdehk]

Hello everyone,

I would appreciate some guidance regarding my upcoming ILR application under the Hong Kong BN(O) route.

I am trying to understand whether a discrepancy in my eVisa “valid from” date could potentially cause a refusal.

Below is the timeline of events:

Chronology

27 December 2020 – Entered the UK using my BN(O) passport and was granted Leave Outside the Rules (LOTR) at the border.

16 March 2021 – My in-country BN(O) visa application was approved.

Decision email states permission granted until 16 March 2026 (5 years).

A BRP was issued on the same date.

August 2021 – I did not receive the original BRP due to moving house but I later got it back. In August 2021, Home Office re-issued a replacement BRP.

I received another grant notification email dated 28 August 2021 in line with the replacement BRP issue date, but the wording was identical to the original email and the expiry date remained 16 March 2026.

My current eVisa status now shows “Valid from: 19 August 2021”.

I believe this later date corresponds to the administrative re-issue of the BRP rather than a new grant of leave, as the expiry date has always remained 16 March 2026.

My Concern

Under the BN(O) route, I can apply for ILR 28 days before completing 5 years of continuous residence.

If the qualifying period is counted from 16 March 2021, I am eligible to apply in mid-February 2026.

However, if the Home Office system treats 19 August 2021 as the start of my leave, then technically I would not have completed 5 years.

I have:

The original decision email dated 16 March 2021

The original BRP issued 16 March 2021

The replacement BRP issued August 2021

Both grant emails showing expiry 16 March 2026

My Question

In your experience:

Does the “Valid from” date shown on the eVisa determine the qualifying residence period for ILR? I worry that in the Home Office system they are only logging 19 August 2021 as the start date.

Or will the caseworker assess the full immigration history (including the original grant record in March 2021)?

Has anyone encountered a similar situation where a BRP re-issue date appeared as the eVisa start date?

I want to avoid a refusal purely due to how the system displays the “valid from” date.

Any advice or shared experiences would be greatly appreciated.

Thank you very much.

[tezdehk]

For ease of reference, the timeline is as below:

Enter UK and granted LOTR: 27 Dec 2020
BNO visa submit application: 31 Jan 2021
Home Office Atlas approval email: 16 March 2021
First BRP issue date: 16 March 2021
Replacement BRP issue date: 28 August 2021
BNO visa valid until: 16 March 2026

eVisa valid from: 19 August 2021
eVisa valid until: 16 March 2026

Note: I moved house so i didn't receive the first BRP and I applied for replacement (later I was able to get it back). When I got the replacement BRP, Home Office sent an autoemail also dated 28 August 2021 with exact same content saying my 5-year Hong Kong BN(O) route is valid until 16 March 2026.

[lolo2]

Home Office Atlas approval email: 16 March 2021
First BRP issue date: 16 March 2021

This is the relevant date for ILR. You're eligible to be granted ILR on 16 March 2021 + 5 years - 28 days, provided you meet all the other requirements under the route.

If the eVisa system is showing you incorrect information, you need to report the issue to UKVI.

[tezdehk]

Home Office Atlas approval email: 16 March 2021
First BRP issue date: 16 March 2021

This is the relevant date for ILR. You're eligible to be granted ILR on 16 March 2021 + 5 years - 28 days, provided you meet all the other requirements under the route.

If the eVisa system is showing you incorrect information, you need to report the issue to UKVI.

Thank you very much for your advice – I really appreciate it.

I have already reported this issue through two channels. UKVI advised that this is a matter for the eVisa team and that they are unable to review the underlying case record. The eVisa team, however, replied that the “valid from” date shown (19 August 2021) is correct according to their system.

This has resulted in some back-and-forth, and unfortunately the matter is still unresolved.

My concern is that the earliest date I can apply for ILR (based on 16 March 2021 + 5 years − 28 days) is 16 February 2026, which is approaching very soon. I am therefore unsure whether:

I should proceed with the ILR application based on the original grant date (16 March 2021), relying on the decision letter and original BRP; or

I should wait until the eVisa record is formally corrected before submitting the ILR application.

From your experience, would a caseworker rely on the full Atlas immigration history rather than the eVisa “valid from” display date when assessing the qualifying period?

Many thanks again for your help.

[lolo2]

UKVI will assess your eligibility based on the initial visa issue date that coincidentally is the same as the decision date.

When a BRP replacement was issued, the start date was always the date when the physical card was produced, it was not the decision date. BRP cards couldn't be backdated.

The eVisa system often shows errors, that does not have any impact on your ILR application or eligibility.

[zimba]

ILR qualifying period is counted from the date your visa was first approved as per immigration rules. The 'valid from' date on the eVisa does NOT necessarily show when your initial visa was issued. They do not have to correct anything either, that is when the eVisa itself was issued. Your qualifying period starts from the date your visa was first issued, so ignore that date on the eVisa. The eVisa team does not need to do anything. The issue date of the eVisa has no significance whatsoever, so your concerns are baseless

For administrative reasons, an immigration document cannot be backdated. So if your visa was approved a week ago but the vignette was printed and affixed today, it will have today's date. Obviously, that document shows that date but your visa was in fact approved before that date. The same applies to something like a replacement BRP. That does NOT change the date your visa was approved.

Also READ --> All you need to know about applying early, the application date, 28-day concession and more

[tezdehk]

thank you both! that's really helpful advice.