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Hello everyone, I am confused about the qualifying period for my ILR application and when I can make this application.
The application asks about the start date of the qualifying period or the year of arrival.
I arrived in the UK in 2017 on a Tier 4 visa, starting in
October 2017 and ending in August 2018.

Before this visa expired,

I applied for a Tier 2 visa on 2nd August 2018 for a duration of 3 years. My BRP indicates the following dates:

Place and date of issue: 27/09/2018 to 16/08/2021

which is less than 3 years.

I made my second application before 16/08/2021, and the subsequent two years' BRP states:

Place and date of issue: 21/09/2021 to 16/08/2023.

I am unsure about my qualifying period and when I can apply for ILR. I would greatly appreciate comments from experts on this matter. Is it from the date of application 02/08/18 or date mentioned on BRP 27/07/18 (that’s less than 5 years before my current visa expires) ?

It is from the first visa approval date, so 27/09/2018 plus 5 years minus 28 days is the earliest date you can qualify for ILR

Thank you for responding. However, my current visa will expire on 16/08/23. If I am required to adhere to the "1st visa less 28 days" rule, which means considering 31/08/23 as the end date for a five-year period, I'm wondering how I can account for the days in between. Please provide your advice.

You apply early before visa expiry and delay your biometrics to benefit from Section 3C: indefinite-leave-to-remain/dependent-el ... l#p2072912

I'm uncertain about which date to include in my application. Will the case worker consider the date of biometrics and the date of first visa approval as less than 5 years, or should I provide a different date?

Also is there any other option available?

Hari6006 wrote: ↑

Wed Jun 28, 2023 1:48 am

I'm uncertain about which date to include in my application. Will the case worker consider the date of biometrics and the date of first visa approval as less than 5 years, or should I provide a different date?

Also is there any other option available?

Caseworkers do not care what date you put on your application. That is not how things work. As I explained in the link above, the immigration rules determine your eligibility for ILR. If you are eligible on the date your application is being considered, you are eligible.

More details on this: How early and benefit from the date of the ILR decision ?

Thanks for providing with useful information, I am just trying to consider worst case scenario if they reject my application for whatever reason saying my period wasn’t 5 years.

Do I get right ti appeal and explain the 3c section as mentioned above.

Hari6006 wrote: ↑

Wed Jun 28, 2023 2:06 am

Thanks for providing with useful information, I am just trying to consider worst case scenario if they reject my application for whatever reason saying my period wasn’t 5 years.

Do I get right ti appeal and explain the 3c section as mentioned above.

The caseworkers know the rules. This is common advice given here to hundreds before you with 100% success rate as it is based on the rules. There is no need to worry at all

Hi Zimba, I wanted to express my deepest gratitude for your assistance. I have been feeling quite stress and have been pondering over this matter for the past few days. I have just one final question: Is it possible to postpone the fingerprinting process for priority services? The reason for my inquiry is that I have some travel arrangements scheduled later this year, and according to the UKVI website, the regular application processing time is stated as six months.

Priority service is about how quickly you want your application to be processed by the UKVI AFTER you enrol your biometrics. You may book your appointment anytime within 45 days after submission, regardless of the service level (standard, priority, ...) chosen

Hi
I came across following

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

That in my scenario will be as followed
5 years from BRO - 28 days = 31/08/23
• the date of application
E.g. 10 aug 2023 6 days before the expiration of current visa (5 years not completed)
• any date up to 28 days after the date of application
E.g. 10 aug + 28 days = 09/09/23 (5 years not completed)
• the date of decision
Lets say if I delay my biometric till September and have biometric in first week of September it still not completing 5 years on the date of decision even if I delay my biometric for 45 days.
• for a person seeking settlement on the UK Ancestry route, the date of their last
N.A


Please advise

Thanks

Counting backwards and forwards yields the same results. I told you when is the earliest date that you qualify.

- Your date of the ILR decision must be on or after 31/08/2023 (the earliest ILR qualification date)
- Apply on or before 16/08/2023 (visa expiry) but book your appointment on or after 31/08/2023

Why wait till September ??? You do not need full 5 years to qualify for ILR. That is the whole point of the 28 days concession and it applies in all circumstances you quoted above.

zimba wrote: ↑

Tue Jun 27, 2023 11:50 pm

It is from the first visa approval date, so 27/09/2018 plus 5 years minus 28 days is the earliest date you can qualify for ILR

Hi zimba,
Thanks for your response but it says following on ukvi website

When to apply
The earliest you can apply is 28 days before you’ve been in the UK for 5 years on a qualifying visa. Check which visas count towards your time in the UK. Your application may be refused if you apply earlier.

If I apply on or before 16 august how can I fill above criteria

Hari6006 wrote: ↑

Fri Jul 14, 2023 1:26 am

Hi zimba,
Thanks for your response but it says following on ukvi website

When to apply
The earliest you can apply is 28 days before you’ve been in the UK for 5 years on a qualifying visa. Check which visas count towards your time in the UK. Your application may be refused if you apply earlier.

If I apply on or before 16 august how can I fill above criteria

That is not a criterion on its own. It simply warns you that if you apply early and you are not within 28 days of your 5 years on the day of your ILR decision , you will be refused as you have yet to qualify. As long as the date of your ILR decision is within 28 days, you are good to go as you already qualify for ILR.

How to apply early and benefit from the date of the ILR decision?

Thanks zimba finger crossed I will follow as you advised