Calculating Qualifying Period for ILR

[atiq_371]

Hello,

I have been in the UK since January 2018 but was on a Tier 2 ICT visa (its time doesn't count for ILR).

I switched my visa from Tier 2 ICT to a spouse visa being the partner of a British citizen in 2019.
My spouse visa application (biometric) date was 18 June 2019 and my application was approved on 18th August 2019.

Now, I found the following on the gov.uk website regarding the qualifying 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 "

Considering the above information from the gov.uk website and my spouse visa biometric date and the approval date:
> Can I subtract 28 days from 18th June (spouse visa biometric date) and apply for ILR anytime after 21st May 2023? Or
> Can I subtract 28 days from 18th August (spouse visa approval date) and apply only after 19th July 2023?

Thanks

[CR001]

What date did you enter the uk on a spouse visa?

Your qualifying period starts from the date of entry.

[atiq_371]

I was already in the UK. I was on Tier 2 and switched from Tier 2 to spouse visa (5 years route).

[CR001]

What is the valid from date of your initial visa?

Not that the piece above you have quoted, clearly states "counting backwards" from ILR qualifying date. It does not refer to a date 5 years ago, ie application date of initial visa.

[zimba]

You are confusing what is being said. To clarify more here is how what you quoted actually should be read, see my addition/emphasis below:

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 backwards from
whichever of the following is most beneficial to the applicant:
• the date of ILR application
• the date of the ILR decision
• any date up to 28 days after the date of the ILR application

[atiq_371]

Explaining again, I entered the UK in January 2018 on ICT Tier 2 visa.
I switched to Spouse visa from inside the UK in 2019. First Spouse visa application date was 18th June 2019.
First spouse visa approved on 16th August 2019 (You can say it is initial spouse visa but I was already in the UK).
FLR (M) date was 17th February 2022.
Spouse visa is valid till 29 September 2024.

When can I apply earliest? 28 days before 18th June (application date) OR 28 days before 16th August (first approval date).

Thanks

[zimba]

The earliest date of eligibility for ILR is 'the first spouse visa approval date + 5 years - 28 days'
You are advised to apply on or after that date.

[atiq_371]

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

But they have mentioned these three points in gov.uk website. These are for ILR application and for ILR application, there cannot be the wording for ILR decision which ZIMBA highlighted.

[CR001]

Can I subtract 28 days from 18th August (spouse visa approval date) and apply only after 19th July 2023?

It is this one and presumably you mean 2024.

The date you enrolled Biometrics in 2019 is irrelevant to your qualifying period start date!

[atiq_371]

Ok, Thank you very much everyone.