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Hello,

My visa filing dates are as below and I am seeking advice on the ILR filing date based on that.

First Visa - Tier-2 General Skilled Visa

I was already in the UK on a spouse-dependent Visa. The Tier-2 general skilled worker application was submitted from the UK itself due to COVID-19 travel restrictions.

First Tier-2 skill worker visa-
Application Submitted: 17 April 2020
Issue Date: 04 November 2020
Valid Until: 26 April 2023

Second Visa - Tier-2 skill worker visa Extension

Issue Date: 31 March 2023
Valid Until: 10 May 2025

Due to COVID, the approval or issue date got delayed to November 2020. I had an email on 11May2020 from home office saying that - "due to the worldwide response to COVID-19, UKVI services are limited and we are not able to meet our usual service standards.
Although we would normally decide your application within eight weeks from the date it was submitted, unfortunately this is not going to be possible in your case. Your current status within the United Kingdom has been extended by section 3C of the Immigration Act 1971."
As I understood from the UK government website, time spent on section 3C is counted towards the ILR. Does this apply to a newly filed visa or the already expired one (which does not count towards ILR)?
Otherwise, this will lead to a shortfall of around six months; however, I was in the UK only during that period.
Could you please suggest when is the latest I should apply for ILR or if I need another visa extension or any
suggestions?

Thanks!

Section 3C period is not some magical period that can be counted towards any ILR application. Section 3C automatically extends the provisions of the visa you were under, so your spouse-dependent visa period was technically extended as per section 3C until you switched to the Skilled worker route when your visa was approved. So that 6 months were not under the skilled worker route and therefore you will be short of 6 months for ILR as the lawful residence must have been spent under the skilled worker route.

However, there is a COVID-related concession in place for individuals like yourself, so the good news is that you become eligible for ILR next month.

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 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

Many Many thanks @Zimba. This is immensely helpful. Very few people go into the details to help others and you did that which means a lot to me. Much appreciated. I have spent so much time investigating it and contacted some solicitors/advisors as well. However, no one provided this information and only mentioned that I should get an extension.
Also please let me know if that means 28 days before 17April2020, which is on 20March2025 I can apply for ILR and submit the ILR application on or after 20March2025?

Yes. 28 days before 17 April 2025. So the earliest date of ILR eligibility is 20 March 2025

Thanks again! That makes sense. Also, would you suggest seeking a solicitor's help, or is it not needed? I am asking because I am unsure if a cover letter will be required to explain this situation, which probably a solicitor can articulate better.

There is no point in using a solicitor. There is no need to tell the UKVI about the rules in place, so do not waste your money

Hi,

I have a similar case and just have a question. You have submitted the application on 17/04/2020 but when did the work start according to the CoS? As you know, you can apply in 28 days before the 5 years but is the 28 days based on the date of submitting the application or the start date of the job as mentioned in the Cos (as we usually apply well before the start date)?


Thanks.

Nawar89 wrote: ↑

Thu Feb 06, 2025 1:13 am

Hi,

I have a similar case and just have a question. You have submitted the application on 17/04/2020 but when did the work start according to the CoS? As you know, you can apply in 28 days before the 5 years but is the 28 days based on the date of submitting the application or the start date of the job as mentioned in the Cos (as we usually apply well before the start date)?


Thanks.

Stick to your own post: https://www.immigrationboards.com/viewt ... 2#p2187352

You are the Boss @Zimba. Kudos . Thanks again!

Hi Zimba, I've got another query to get your advice.
Does this covid concession applies only to the skilled workers and not to dependents? My spouse and child also applied for the dependent visa at the same time along with me being the main applicant and hence share the exact same expiry dates. Are they not eligible for the ILR along with me?
If not, how does an extension need to be filed for them and when? Can an extension be filed along with the main applicant ILR application, or once the main applicant receives the ILR, the extension need to be filed then? The problem with it is that the visa will expire soon after for the dependents and if the main applicant's ILR decision is delayed, then not sure what should be done. Can you please suggest?

Dependents will not benefit from the concession above. They will apply for extension while your ILR is processing, their application will be held until yours is decided

Thank you, Zimba!
So just to confirm, the order should be:
1- Apply for the main applicant ILR first (in March).
2- Apply for a visa extension for dependents after the ILR application submission. No need to wait for the main applicant's ILR decision for an extension (I am not sure if the application would need the ILR details for the main applicant at this point)
3- Dependents will be eligible to apply for ILR later (October end in this case) based on the first dependent visa issue date.

Yes

@gary20 - how did your ILR Go? pls keep posted : )

Hi Zimba, further query, please.
Under which category the dependents should apply visa in this case? Is it the Family Route visa (https://visas-immigration.service.gov.u ... ily-routes) or another visa type, such as Tier 2 dependents?
Also, there is a question in the family route visa form (if thats the right one) - Is your current entry clearance or leave to remain as the partner of one of the following? Is it right to choose - 'a person settled in the UK'.
Even though we are still waiting for ILR for main applicant. Thanks again!

@sdkr- Sure.

No. They should extend as skilled worker dependant partner. Tier 2 does NOT exist anymore
You can find the links on this page: https://www.gov.uk/skilled-worker-visa/ ... d-children

Thanks Zimba! You saved me from making a mistake I will try the one on the shared link which makes more sense.

Hi there,

Just wanted to check if you've received a decision from the home office yet.

I'm very curious because I'm in the same boat.

An update on the application, as requested in the thread and rightly so!
Based on Zimba's guidance, the main applicant got the ILR, and the dependents received the extension.
The IHS fee paid is too much, considering the dependents are eligible for ILR soon.
Thank you, Zimba, for your apt directions backed by the rule book.

Gary20 wrote: ↑

Mon Apr 28, 2025 11:21 am

An update on the application, as requested in the thread and rightly so!
Based on Zimba's guidance, the main applicant got the ILR, and the dependents received the extension.
The IHS fee paid is too much, considering the dependents are eligible for ILR soon.
Thank you, Zimba, for your apt directions backed by the rule book.

Congratulations