Set (O) Application Date

[waz22]

Hi all,

Apologies if this has been asked before, I have seen people making this assumption but no one appears to have commented / corrected on this in the past:

My situation:

Tier 2 / Skilled Worker Visa
VISA No. 1
UK Entry Clearance Valid from 26/08/18 to the 25/09/18
Entry Stamp 10/09/18
BRP Date of Issue 30/08/18
BRP Expiry 16/09/21

VISA No. 2
BRP Date of Issue 01/10/21
BRP Expiry 23/09/24 (The Immigration Advisor accidently applied for 3 years )

So the question is when can I apply for ILR?

28 Days prior to Entry Clearance, Entry Stamp or Date of BRP Issue?

If I apply for priority, theoretically I will get ILR prior to 5 years, is that okay?

Cheers

Waz

[zimba]

You can apply and be granted ILR within 28 days of completing your 5 years from the date of the first visa issue date.

[waz22]

Thanks Zimba,

So to be clear that is 28 days prior to the beginning of the UK Entry Visa Clearance?

In my case 26/8/18.

Therefore earliest application date is the 26/8/23 - 28 days = 31/07/23.

[zimba]

correct

[waz22]

Hi all,

Seems to be relatively confusing but correct me if I am wrong:

Tier 2 Visa Issue Date - 26/08/2018
Entry to UK - 10/09/2018

Earliest Application Date = 26/08/2018 + 5 Years - 28 days = 29/07/23?

For the application question - When did you first enter the UK? Answer - "10 September 2018"

However still can apply from the 29/07/23 and list the difference between the 26/08/2018 and 10/09/2018 as an absense?

[ABC_321]

yes that is what even I understood when I applied, I asked same here and experts confirmed it will be taken as absence
my Visa start date is 04/07/2018, entry is 13/07/2018
so for my question - When did you first enter the UK? Answer - "13 Jul 2018".

[waz22]

Thats great, have you recieved your ILR? Had any issues?

[zimba]

Answers on the form do NOT determine your ILR eligibility. The dates are all known to the UKVI on their systems which they ONLY rely on. You can view it as if your answers on the form simply guide the caseworker in the right direction. Time spent between the visa issue date and your first entry will be automatically considered a lawful period of absence. You do not need to even declare this.

[zimba]

The time between the grant of entry clearance and the date of arrival is a
period during which they had permission on that route and should be treated as a
period of lawful residence. In these instances, you must establish the date the
applicant entered the UK. The time between the grant of entry clearance and the
date they entered the UK counts towards the total of absences.

Offical guide: https://assets.publishing.service.gov.u ... t_2022.pdf

[ABC_321]

Thats great, have you recieved your ILR? Had any issues?

not yet, awaiting!

[waz22]

Hi ABC_321, any update or does anyone else have experiance applying 28 days prior to Visa Approval instead of Entry into the UK?

[AmazonianX]

Hi ABC_321, any update or does anyone else have experiance applying 28 days prior to Visa Approval instead of Entry into the UK?

Forum is replete with such experiences

[zimba]

Hi ABC_321, any update or does anyone else have experiance applying 28 days prior to Visa Approval instead of Entry into the UK?

This is explicitly mentioned in the immigration rules. You do not need the experiences of others

[waz22]

Hi ABC_321, any update or does anyone else have experiance applying 28 days prior to Visa Approval instead of Entry into the UK?

Forum is replete with such experiences

Apologies, I cant find lots of people asking the question but have not found anyone that has actually applied and provided confirmation. Its a large sum of money for two people and ideally I want to get the applications right.

[zimba]

Hi ABC_321, any update or does anyone else have experiance applying 28 days prior to Visa Approval instead of Entry into the UK?

Forum is replete with such experiences

Apologies, I cant find lots of people asking the question but have not found anyone that has actually applied and provided confirmation. Its a large sum of money for two people and ideally I want to get the applications right.

There are thousands of approvals on the forum. All applications are strictly subject to the rules

[ABC_321]

Hi ABC_321, any update or does anyone else have experiance applying 28 days prior to Visa Approval instead of Entry into the UK?

I will let you know as soon as I received it. But as the moderators say I saw one example on this forum a person asking similar question with almost 40 days gap and he confirmed on the timelines thread he got it. That is how I gained more confidence this is going to work.