Immigrationboards.com

Hi everyone

I am applying for ILR this year and I want to clarify the earliest I can apply in light of the COVID-19 concession (copied at bottom of message).

Key Dates:
1st Tier 2 (General) visa submitted: 20 April 2020
1st Tier 2 (General) visa granted: 7 September 2020
1st Tier 2 (General) visa expired: 14 June 2023
Current permission to remain until: 28 December 2025

Prior to my 1st Tier 2 visa I was on the Tier 5 Youth Mobility Visa which was initially expiring 24 April 2020 but was extended to 31 May 2020 to prevent potential overstaying. I have worked for the same employer all this time.

Am I correct in thinking that I will meet my 5 years on 20 April rather than 7 September this year as a result of this concession? Does it matter my initial CoS had a work start date of 1 June 2020, although it was granted 15 April 2020 - so valid at time of application?

QUOTE

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

UNQUOTE

Many thanks

Yes. The rules allow 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 their application was subsequently granted:

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

Thank you for your assistance Zimba. The guidance appears black and white, but you can't help but feel the Home Office is being too generous on the face of it so think there must be a catch!

When it comes time to submit my application do you think it would be a good idea to add a cover letter advising that I am relying on this concession? My type of cases should be starting to trickle into HO now so by time I apply they should be familiar with this.

There is no catch, the rules/guides are clear. You do not need to tell UKVI about the rules they put in place