Tier 2 to ILR

[radhi1675]

I am writing regarding my Tier 2 skilled worker visa and my intention to apply for Indefinite Leave to Remain (ILR) after the completion of the five-year visa period.
Would you kindly review below and provide your advice on the matter?
Certificate of Sponsorship (COS) was issued for a duration of 5 years, from 16.03.2022 to 16.03.2027.
Visa application was submitted on 22.03.2022, with biometrics given on 09.04.2022. I opted for the priority service.
On 12.04.2022, I received an email requesting payment of the Immigration Skills Surcharge from my employer, which was promptly made on 14.04.2022.
Despite these steps, there was a lack of response regarding my visa application. Consequently, I consulted my Solicitor and agreed to send a letter to UK Visas and Immigration (UKVI) to address the delay. The letter was dispatched on 25.05.2024.
Subsequently, I received an email from UKVI on 26.05.2022, confirming the success of my application and granting permission to stay in the UK as a Skilled Worker until 30 Mar 2027.
Given the delay in processing by UKVI, I am concerned that the visa period issued may be shorter than intended. As I understand, in order to qualify for ILR, I need to maintain continuous residence for the duration of the visa period. In my case, my visa expires on 30.03.2027. However, considering the decision date issued by UKVI, my 5-year residency period would be completed on 26.05.2027.
I would appreciate clarification on whether I can indeed apply for ILR on 01.03.2027. If not, I kindly request advice on the appropriate actions to rectify this issue.

[zimba]

You should only worry about this in 2027.
There are ways to make up some residence time to reach 28 days within the 5 years: How to apply early and benefit from the date of the ILR decision ?

[radhi1675]

Thank you for your reply, Zimba. I know it's a bit early, but I'm eager to plan ahead and avoid any last-minute surprises . Should I consider extending my sponsorship for another year? My current visa expires on 30.03.2027, with the grant date being 26.05.2022, although I submitted the documents on 22.03.2022 while I was under Tier 4 dependent status.

I understand that typically one can only apply for ILR after residing in the UK for 4 years and 11 months. Could you please advise on the best course of action regarding my situation?

Thank you.

[zimba]

Thank you for your reply, Zimba. I know it's a bit early, but I'm eager to plan ahead and avoid any last-minute surprises . Should I consider extending my sponsorship for another year? My current visa expires on 30.03.2027, with the grant date being 26.05.2022, although I submitted the documents on 22.03.2022 while I was under Tier 4 dependent status.

I understand that typically one can only apply for ILR after residing in the UK for 4 years and 11 months. Could you please advise on the best course of action regarding my situation?

Thank you.

You cannot plan ahead from now. The rules are subject to change and are amended regularly. As I explained in detail, it is possible to make up the shortfall without any issues as things stand. So as things stand you should not face any issues.

FYI For ILR, the qualifying period only starts from first visa issue date so what you did before then is irrelevant