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Calculating UK stay for ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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kn66
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Calculating UK stay for ILR

Post by kn66 » Thu Feb 22, 2024 11:41 am

Hi, my case is a little bit complicated and I am confused now.
Here is a summary of my case:
I have been living in the UK since September 2017, first under Tier 4 Dependent Visa and then changed to Tier 2 Work Visa. I have a query about my VISA and eligibility for applying for ILR, settlement.
My employer sponsored me from 1 July 2019 for 5 years until 1 July 2024 (I have been an employee since March 2018 but started my job under Tier 4 Dependent Visa and then changed to Tier 2). I completed my Tier 2 Visa application on 13th June 2019 and booked an appointment on 18th June 2019 for the biometrics. On 8th August 2019 I received an email from the Home Office about the decision on my Tier 2 Visa Application which was successful and a few days later I received my new BRP. The issue date on my BRP is 08-08-2019 and it is valid until 14-07-2024.
So my question is, as in order to be eligible to apply for ILR I have to fulfill 5 years working under Tier 2 Visa but the date on my BRP only shows 4 years, 11 months and 6 days, am I eligible to apply for ILR? Or I need to get an extension to fill this 24 days gap?

AmazonianX
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Re: Calculating UK stay for ILR

Post by AmazonianX » Thu Feb 22, 2024 12:18 pm

Eligible to apply 28day before completing 5years on the present route.
No need for you to apply for any extension. Your ILR application is using form SET-O.

kn66
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Re: Calculating UK stay for ILR

Post by kn66 » Thu Feb 22, 2024 2:20 pm

Thank you for your reply.
My concern is if I go by the dates on my BRP I won't complete 5 years, in reality I have VISA for 4 years 11 months and 4 days. I can apply 28 days before I can complete the 5 years but in this case I would never complete the 5 years without extending it.

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zimba
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Re: Calculating UK stay for ILR

Post by zimba » Thu Feb 22, 2024 2:32 pm

kn66 wrote:
Thu Feb 22, 2024 2:20 pm
Thank you for your reply.
My concern is if I go by the dates on my BRP I won't complete 5 years, in reality I have VISA for 4 years 11 months and 4 days. I can apply 28 days before I can complete the 5 years but in this case I would never complete the 5 years without extending it.
You do NOT need to complete 5 years. You simply need to be within 28 days of completing the 5 years and you will be eligible for ILR
I explained it all here: How to apply early and benefit from the date of the ILR decision ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

AmazonianX
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Re: Calculating UK stay for ILR

Post by AmazonianX » Fri Feb 23, 2024 9:57 am

kn66 wrote:
Thu Feb 22, 2024 2:20 pm
Thank you for your reply.
My concern is if I go by the dates on my BRP I won't complete 5 years, in reality I have VISA for 4 years 11 months and 4 days. I can apply 28 days before I can complete the 5 years but in this case I would never complete the 5 years without extending it.
Which is why I replied as previous. Follow the link as provided by @zimba with his meticulous step by step explanations then apply.

indefinite-leave-to-remain/advice-relat ... l#p2110176

kn66
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Re: Calculating UK stay for ILR

Post by kn66 » Fri Feb 23, 2024 12:01 pm

Many thanks for your time. I now understand what you mean.

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Re: Calculating UK stay for ILR

Post by kn66 » Fri Feb 23, 2024 12:15 pm

Is it wise to say that it is the best to apply for the ILR only a few days before my expiry date on the BRP and then book the biometrics appointment in couple of weeks so I can add more days to the day when the caseworker starts to review my application?

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zimba
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Re: Calculating UK stay for ILR

Post by zimba » Fri Feb 23, 2024 1:34 pm

kn66 wrote:
Fri Feb 23, 2024 12:15 pm
Is it wise to say that it is the best to apply for the ILR only a few days before my expiry date on the BRP and then book the biometrics appointment in couple of weeks so I can add more days to the day when the caseworker starts to review my application?
You should apply before visa expiry for sure, however as long as your biometrics is booked within the 28 day mark you should not worry much
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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