Indefinite Leave to Remain Calculating Date of When I can Apply

[JW118]

I hope someone can shed some light as to what date I should take to work out when I am eligible to apply for ILR as I am quite confused.

I tried looking on the gov,uk website and even spoke to someone at UK Visa & Immigration who told me it might be the date I received UKVI's letter saying 'my application was successful' OR it might be the date I entered the UK. Therefore I'm even more confused about whether I can apply now or need to wait till December to apply.

The dates I have are the following:
• UKVI letter saying my 'application is successful' (I applied outside UK) dated 14 November 2018
• Vignette 'Valid From' date: 11 January 2019
• Date I entered the UK: 14 January 2019
• BRP 'Valid Until' 20 January 2024

Which date should I use to work out the date of when I can apply for ILR?

Any help or advice would be greatly appreciated, thank you.

[CR001]

The call centre is outsourced to a third party agent. They are not ukvi staff.

Also, useful to state your visa route as different visa routes have different requirements. It isnt a "one size fits all".

[JW118]

Sorry, I went via the Spouse Visa and then applied in 2021 via BNO way

Thanks

[CR001]

Your qualifying period starts from the date you entered the uk. You can apply within 28 days before the 5th anniversary of this date.

[JW118]

Thank you, @CR001 for your reply.

Sorry, hopefully one more question.

I found this online last night and not sure if it still applies or is it out of date, it’s taken from a PDF produced by the Home Office called “Indefinite leave to remain: calculating continuous period in UK” version 22.

Do you think it still stands and it will apply for my case?

“Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.

You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application”

[CR001]

So what exactly is your question?

The document you are reading only applies to certain visa categories, which is listed in the document in the first couple if pages.

Also not that the three options refer to counting BACKWARDS from ILR application date. It is not the date of initial visa application abroad.

[JW118]

I just wanted to find out if it also applied to my case because when I searched on information regarding BNO to ILR, it took me to this document and I did see the types of visa categories minus the BNO category and given it was dated December 2020, I just wanted to double check if it applied to me, but clearly from your response it doesn’t apply.

[zimba]

I just wanted to find out if it also applied to my case because when I searched on information regarding BNO to ILR, it took me to this document and I did see the types of visa categories minus the BNO category and given it was dated December 2020, I just wanted to double check if it applied to me, but clearly from your response it doesn’t apply.

The date you apply for ILR is NOT necessarily the same as the earliest date you become eligible for ILR

The earliest date of ILR eligibility: date you entered the UK + 5 years - 28 days
This is the date on which if your application is processed, you qualify for ILR. Normally people apply on or after this date, however they can easily apply earlier: How to apply early and benefit from the date of the ILR decision ?

[JW118]

Thanks @zimba for the information