ILR Covid Concession Qualifying period

[aveo08]

Dear Team,

I am hoping to plan my ILR application for next year and some events to plan so thought I would ask here to clarify.

My details as below.

Tier 4 Student Visa from August 2015 to 2020.
Whilst I was on Tier 4 and living in the UK, got Job for Tier 2 with Details below.
My COS was for 5 years.
COS Issue Date: 20/05/2020
COS Work Start Date: 05 Aug 2020 End Date: 05 Aug 2025.
TIER 2 Visa Application Submission Date (I was living in the UK at this point on TIER 4): 21/05/2020.
Started work in August 2020 prior to getting TIER 2 application decision due to COVID delays.
TIER 2 Application successful and granted: 15/09/2020
BRP: Start date 15/09/2020.
BRP End Date: 31/12/2024 (due to the new eVisa rules I am assuming).

Now I am assuming that my visa will be valid till 05/08/2025.

Q:
Given the above I am unsure when my 5 year continuous stay period / qualifying period can be calculated from, should I be calculating my 5 year period from the date I submitted my Tier 2 application (May 2020) or the day the visa was approved (Sept 2020).

Because if I am only allowed to consider the Sept 2020 as the beginning of my qualifying period then I will need to apply to for a Tier 2 Visa extension before I am eligible to apply for ILR using the 5 year rule which will be unnecessary hassle I would prefer to avoid.

Any help with clarifying this will be much appreciated.

[zimba]

The tier 2 route does not exist anymore. You will be applying for ILR under the skilled worker route in place now. ILR qualifying period only starts from the very first worker visa issue date, so 15/09/2020. So you will become eligible in August 2025, within 28 days of completing your 5 years.

What does your decision letter say ? When is the exact end date of your visa ?

[aveo08]

Thanks for the reply.

The letter says permission to stay until 19/08/2025. So i guess this gives me only a couple of days period to make the ilr application if i use 28 - 15/09/20. Which is going to be very tight in case there are any issues with the application. Probably best to ask my employer to issue a new cos for extension of skilled worker! Any suggestions?
Thanks

[zimba]

Thanks for the reply.

The letter says permission to stay until 19/08/2025. So i guess this gives me only a couple of days period to make the ilr application if i use 28 - 15/09/20. Which is going to be very tight in case there are any issues with the application. Probably best to ask my employer to issue a new cos for extension of skilled worker! Any suggestions?
Thanks

No. You can apply early and delay the biometrics until eligible. No need for an extension at all as the date of the application is not going to be critical

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

[aveo08]

Perfect, thanks that is great news.

Just one final question, so ideally between what dates would it be best to submit the online application form in my situation i am guessing around 15/08/24?

Thanks again.

[zimba]

Perfect, thanks that is great news.

Just one final question, so ideally between what dates would it be best to submit the online application form in my situation i am guessing around 15/08/24?

Thanks again.

Yes I'd say any date close to the visa expiry

[aveo08]

Hi All,

Similar post last year, but since there seem to be new changes from the covid concession rules, I thought I'd check here before applying.

My details as below.

Tier 4 Student Visa from August 2015 to 2020.
Whilst I was on Tier 4 and living in the UK, got Job for Tier 2 with Details below.

My COS was for 5 years.
COS Issue Date: 20/05/2020
COS Work Start Date: 05 Aug 2020 End Date: 05 Aug 2025.
TIER 2 Visa Application Submission Date (I was living in the UK at this point on TIER 4): 21/05/2020.

Started work in August 2020 prior to getting TIER 2 application decision due to COVID delays.

TIER 2 Application successful and granted: 15/09/2020
BRP: Start date 15/09/2020.
Leave to remain till 15/08/2025


Q:
Given the above and new COVID concession rules for people who had delay in Tier 2/Skilled worker visa approval I wonder if I might be able to benefit with this and could apply on 28 days - 21/05/2025 ie 22/04/25 or will be more sensible and safe to apply sometime in July which would be 28 days - my official Tier 2 job start date as stated on COS which was 05/08/25.

Many Thanks.

[zimba]

Yes you can benefit from the concessions but there has not been any new changes to the rules. The concession has been in place for a while.

See: https://www.immigrationboards.com/viewt ... 4#p2187200

[aveo08]

Thanks for replying Zimba,

Could you maybe please help clarify based on dates of application submission vs date of Job start when is the earliest I will be eligible to apply.

Thanks again for your help.

[zimba]

Job starting date has no relevance to your ILR. You will be eligible within 28 days of completing your 5 years, counting from the date of your initial Tier 2 application submission.