Eligible to apply for ILR 2 days after work visa expiry date!

[Salemr]

Hi everyone, wondering if you could help.

I qualify for ILR 10 years route 30 days after the expiry of my current skilled worker visa. I qualify on the 18/05/2024 which means I can apply 28 days in advance, that is on 21/04/2024. My current visa expires on 19/04/2024. So do I have to apply for skilled worker visa extension just for those two days then apply for ILR ? Apparently I can’t overstay without a “good reason” which is beyond my control.

Thank you

[CR001]

What date did you enter the UK 10 years ago?

You can apply before your visa expires and book your biometric appointment when you are within the 28 day qualifying period.

[zimba]

How to apply early and benefit from the date of the ILR decision ?

[Salemr]

What date did you enter the UK 10 years ago?

You can apply before your visa expires and book your biometric appointment when you are within the 28 day qualifying period.

I entered 18/05/2014. Is the 28 days rule just for providing the biometrics? Can someone submit the application even months in advance as long as their appointment is within 28 days prior to the qualifying period? Has this been done under the 10 year route before ?

I read this in the guidance for caseworkers:
“ if you are considering an application more than 28 days before the applicant completes the required qualifying period for long residence you must refuse. This is because the applicant has not completed required period of leave in the UK.
Applicants who are refused under the long residence rules due to them submitting their application too early can apply once they have completed their qualifying leave or up to 28 days before this.”

Please note that the 10 year route is different from the 5 years one. The 5 years route for example the caseworker can calculate the relevant qualifying period by counting backwards from whichever of the following is most beneficial to the applicant:
• the date of application
• the date of the decision
• any date up to 28 days after the date of application

However under the 10 year route there is only the 28 days option of the above 3.

Whats your thoughts on that? Thanks in advance.

[zimba]

There is no such thing as the 28-day rule. It is a concession applied to ALL the ILR applications. What I described in the link above applies across the board to all ILR applications. If you keep accumulating lawful residence while waiting for a decision, then you benefit from it when the caseworker gets to your application. The qualifying period is in fact determined on the date of the decision. We have covered this hundreds of times on the forum

[Salemr]

There is no such thing as the 28-day rule. It is a concession applied to ALL the ILR applications. What I described in the link above applies across the board to all ILR applications. If you keep accumulating lawful residence while waiting for a decision, then you benefit from it when the caseworker gets to your application. The qualifying period is in fact determined on the date of the decision. We have covered this hundreds of times on the forum

Thanks for your reply.
I have found in the guidance for calculating continuous residence where it mentions that the qualifying period could be up to the date of the decision, however that guidance doc states that the information it has only relate to ILR under the 5 year route. Just wondering if you could refer me to doc that shows how this also applies to the 10 year long residence route. It doesn’t mention in the long residence guidance doc, and in the forum most cases seem to be 5 year route.

I would appreciate it if you could give me any reference other than the 5 year route doc. Thank you

[zimba]

How to apply early and benefit from the date of the ILR decision ?

This has nothing to do with the routes or the years. Read and try to understand the reasoning in the link above. This is about the correct understanding of immigration rules and the way section 3C works. It seems only one of the guides mentions this which is giving you a wrong impression that somehow this is only possible for some 5-year routes. I explained why this is possible in great detail for any ILR applications, so the route you are applying under makes no difference to this whatsoever.