Date of first entry into the UK for ILR application

[CV3]

Hi,

I am in the process of preparing my ILR application, however, I am a bit confused as to when is the start date of my '28 days before' period. I was already in the UK on a Tier 4 student visa when I was applying to change it to a Tier 2 work visa.

CoS shows a start work date of 01/08/2017 and end date of 30/07/2022
BRP shows an issue date of 14/08/2017 and valid date of 01/08/22.

The BRP was issued two weeks after the CoS was granted. When is the earliest I can apply for an ILR?

Thanks

[CR001]

It is your brp start date. The cos start date is irrelevant for ilr.

[CV3]

Hi,

Thank you for getting back to my query.

Just checking, if I apply from my BRP issue date that leaves me with about 2 weeks till the end of my legal work and stay in the UK which is 01/08/22 as per the BRP. This is actually less than the valid '28 days before' application period.

Also, will I be able to get an appointment date with UKVCAS before my BRP ends?

Any thoughts or insights would be much appreciated.

Regards

[CR001]

The 28 day concession is just a ukvi concession. You can apply at anytime within 28 days before reaching 5 years.

The date of application is the date you submit and pay online. The biometric appointment date is irrelevant and can be after visa expiry date

[CV3]

Thanks again!

So if I was to get a UKVCAS appointment date after 01/08/22, I won't be considered as overstaying my visa?

Shouldn't my 28 days period logically start counting back from my BRP end date? This fits in with the 5 year anniversary of my employment.

Regards

[CR001]

So if I was to get a UKVCAS appointment date after 01/08/22, I won't be considered as overstaying my visa?

No. The date of application is the date you submit and pay online and this must be before your visa expiry date.

Shouldn't my 28 days period logically start counting back from my BRP end date? This fits in with the 5 year anniversary of my employment.

It is within 28 days before the 5th anniversary of your tier 2 issue date that you can apply for ilr. So 14th august minus 28 days.

Your employment anniversary is irrelevant.

[CV3]

If I have any further query or update about this topic, I'll post again.

For now, CR001 thank you very much for your help.

[CV3]

Hi,

An update to my query:

I came across this Continuous Residence document which states the following https://www.gov.uk/government/publicati ... -residence

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

So does it mean that the ILR application can be made using the date when the decision was made (I got confirmation in a letter) i.e. date I was granted the Tier 2 visa and not wait for the date when the BRP was issued (which was 1-2 weeks later)?

Thanks

[zimba]

Yes.

[CV3]

Hi,

I would appreciate some help in answering this question for my ILR application
• Date you first entered the UK (This is the date you entered the UK when the period of stay you are basing this application on started.)

I switched from a Tier 4 (Student) visa to a Tier 2 (General) visa. So while I was applying for the Tier 2 visa I was already in the country. I didn't have to leave the UK as I already had a job lined up after I finished my studies.

The confusion is around these statements "entered the UK" and "basing this application on" as both are different dates. So which date do I entry?
• Date I entered the UK on a Tier 4 visa - 13/9/2013
• Date of decision on my Tier 2 application which was confirmed in a letter - 12/8/2017
• Date of issue on my BRP - 14/8/2017

Thanks in advance

[CV3]

Thanks for confirming

[zimba]

The date you put on the form is irrelevant to your ILR. You can put any date

[CV3]

Hi,

An update to my query:

I came across this Continuous Residence document which states the following https://www.gov.uk/government/publicati ... -residence

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

So does it mean that the ILR application can be made using the date when the decision was made (I got confirmation in a letter) i.e. date I was granted the Tier 2 visa and not wait for the date when the BRP was issued (which was 1-2 weeks later)?

Thanks

In reply to the my above query:

My application date was 29/06/2017 and decision date was 12/08/17.
So I should be eligible to apply today (03/07/22) if I wanted to. Is my understanding correct?

Thanks

[CV3]

Questions relating to my initial query:

1. Is it necessary to book my biometric appointment very close to the 5 year ILR timeline (I'm short by 2 weeks) or anytime within the 28 days period will do?
Tier 2 application approval 12/8/17, BRP issue 14/8/17 and BRP expire 1/8/22

2. Relating to the first question, I suppose if I'm not able to get a biometric appointment before my BRP expires it's not a problem as long as my application is submitted before it?

Thanks in advance

[zimba]

Questions relating to my initial query:

1. Is it necessary to book my biometric appointment very close to the 5 year ILR timeline (I'm short by 2 weeks) or anytime within the 28 days period will do?
Tier 2 application approval 12/8/17, BRP issue 14/8/17 and BRP expire 1/8/22

2. Relating to the first question, I suppose if I'm not able to get a biometric appointment before my BRP expires it's not a problem as long as my application is submitted before it?

Thanks in advance

Your BRP expiry is irrelevant. When you submit your application that is the date of the application. If your visa expires, section 3C will extend your visa automatically. As it has been repeated over and over again, apply before visa expiry and book an appointment within the 28 days mark.

[CV3]

Thanks Zimba.

I posted this topic again as I read some advise on the board about applying closer to the expiry date (when you're short of the full 5 years) and then biometrics after completing 5 years.

But as I understand, biometrics can be done before completing the full 5 years as well depending on when I get an appointment. Is this correct?

Questions relating to my initial query:

1. Is it necessary to book my biometric appointment very close to the 5 year ILR timeline (I'm short by 2 weeks) or anytime within the 28 days period will do?
Tier 2 application approval 12/8/17, BRP issue 14/8/17 and BRP expire 1/8/22

2. Relating to the first question, I suppose if I'm not able to get a biometric appointment before my BRP expires it's not a problem as long as my application is submitted before it?

Thanks in advance

Your BRP expiry is irrelevant. When you submit your application that is the date of the application. If your visa expires, section 3C will extend your visa automatically. As it has been repeated over and over again, apply before visa expiry and book an appointment within the 28 days mark.

What if I'm not able to get an appointment within the 28 days mark because of no fault on my part?

[zimba]

This is a matter of understanding the immigration rules and procedures. The 28 days mark is the earliest date when you can get ILR. Any date afterwards is ok. You can be granted ILR within 28 days of your 5 years.

When you apply for a new application before visa expiry, the provisions under section 3C of the immigration act get engaged when your visa expires. This means your current visa and all of its privileges are automatically extended until a decision is made on your pending application. So the time waiting is lawful residence. This period also counts as lawful residence towards the ILR application you lodged. Eventually, when the case worker processes your application, they will count your lawful residence up to that point to see if you are eligible for ILR. This is how you can apply for ILR early before visa expiry and still qualify for ILR without any issues

[CV3]

Thanks again Zimba! It's becoming clearer now.

Just one last thing, could you please reply/advise to my earlier question on your highlighted comment?

Or if I rephrase it:
The biometric appointment date I get is not in my control? Of course, I should apply asap but I could get it anytime after I submit my application.

[zimba]

Yes. You are expected to book within 45 days from the date of the application

[CV3]

Just wanted to thank everyone for their help and advise. My ILR was approved and I've also received my BRP. This all happened quicker than I thought and I'm quite happy.

My timeline:
UKIV application submission and payment [SET (O)/super priority]: 17/07/22
UKVCAS documents uploaded: 20/07/22
UKVCAS biometric appointment: 23/07/22
Home Office decision email: 26/07/22
BRP delivered: 28/07/22