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Time in UK (Affected due to COVID)
Posted: Fri Apr 19, 2024 1:17 pm
by Husababo
Hi,
I have a confusion regarding calculation of my time in the UK which will be considered for my ILR.
I came to the UK on visit visa in Nov 2020 during covid. While I was on a visit visa, I was offered a job by NHS in April 21 before my visit visa would expire. I applied for a tier 2 skilled worker visa from inside the UK and had my biometrics done in the UK. I didn’t have to go back to my home country.
After I applied for a skilled worker visa, my employer checked my visa application status and told me to start working for them in May 21. However, I didn’t receive any email stating that I have been granted the worker visa.
However, months later, on 7th of July, 21. I received my Biometric resident permit in post.
Now, I am wondering if I should be calculating my time in the UK from Nov 2020 or May 2021 or July 21?
I am confused. Can anyone please provide guidance on this issue?
Re: Time in UK (Affected due to COVID)
Posted: Fri Apr 19, 2024 9:28 pm
by meself2
Cretainly not from Nov 2020, as you were on a visitor visa.
IMO if you're unsure, go from the latest date, which is July 2021. Also, how would you prove that you were on a skilled worker visa in May 2021, if you only got a BRP in July?
What's the date on BRP itself?
Re: Time in UK (Affected due to COVID)
Posted: Mon Apr 22, 2024 12:36 pm
by zimba
It starts from the BRP issue date for ILR. During COVID many workers were allowed to start work early for their prospective employers while waiting for a work visa but that did NOT change the ILR requirements. The fact that you started without a visa while waiting for the visa does not bring your eligibility date forward !
SEE UPDATE BELOW
Re: Time in UK (Affected due to COVID)
Posted: Thu Aug 15, 2024 1:56 pm
by Husababo
Thank you for your response.
My first BRP shows july 2021 on it.
However, I am still confused. I was granted visa and the NHS trust asked home office if I am eligible to start work for them to which they replied yes. So, I started working there from May 2021.
However, the BRP was delivered later in July 2021.
My question is if the visa was granted in May 2021, will it not count toward my period for ILR if I can prove it?
I can surely ask home office to provide me my details via subject access request.
Re: Time in UK (Affected due to COVID)
Posted: Thu Aug 15, 2024 2:35 pm
by Ticktack
Husababo wrote: ↑Thu Aug 15, 2024 1:56 pm
Thank you for your response.
My first BRP shows july 2021 on it.
However, I am still confused. I was granted visa and the NHS trust asked home office if I am eligible to start work for them to which they replied yes. So, I started working there from May 2021.
However, the BRP was delivered later in July 2021.
My question is if the visa was granted in May 2021, will it not count toward my period for ILR if I can prove it?
There's nothing to prove. You have no official document that says you're authorized to work. Only your BRP does that. You've been told multiple times.
I can surely ask home office to provide me my details via subject access request.
Yes you can. It's within your rights.
Re: Time in UK (Affected due to COVID)
Posted: Thu Aug 15, 2024 2:57 pm
by zimba
My advice above from April is no longer correct. The UKVI now allows skilled workers to count the time since their initial application submission date towards their ILR, assuming they applied between 24 January 2020 and 30 June 2021 and they were subsequently granted a visa:
Due to major disruption to UKVI services during the COVID-19 pandemic, Tier 2
(General) and Skilled Worker applicants in the UK were permitted to start work for
their sponsors while waiting for decisions on their applications. This time while they
were waiting, but able to work, also counts towards the continuous 5-year period.
The applicant must have been in the UK with permission (including as a visitor or
with Exceptional Assurance), and the application must have been:
• for permission to stay
• made between 24 January 2020 and 30 June 2021 (inclusive)
• supported by a CoS on the date of application
• granted
https://assets.publishing.service.gov.u ... worker.pdf