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Regarding Skilled work visa extension so that to be qualified for ILR period (5 years).

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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AIAWY
Newly Registered
Posts: 1
Joined: Wed Mar 27, 2024 9:27 pm
Belarus

Regarding Skilled work visa extension so that to be qualified for ILR period (5 years).

Post by AIAWY » Wed Mar 27, 2024 9:38 pm

#1. BRP date or entry clearance date (Temporary Visa in passport)?

The Home Office guidance on "Indefinite leave to remain: calculating continuous period in UK" does not provide a clear instruction on which date an applicant should start counting the qualifying period for ILR: whether it is from the date the BRP was issued or from the date of entry clearance visa (Temporary Visa in passport). However, I found a clause in the guidance that explains the significance of "entry clearance" and the actual entry into the UK.

Period between the issue of entry clearance and entering the UK.
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK count towards the 180 days allowable absence in the continuous 12-month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.


Upon reading this clause, I believe that "entry clearance" serves as the starting point for the qualifying period. Am I correct?

#2. “28 days” and “counting backward”?

Home Office guidance “Indefinite leave to remain: calculating continuous period in UK” states:
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.


In general, it’s clear, but we come back to my first question – When I should start calculating the start date of the specified period?
BRP date + 5 years – 28 days?
Entrance Clearance Visa date + 5 years – 28 days?

Furthermore, we are reading:
“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”


Let’s break down: “by counting backward” - this one is clear; “from whichever of the following is most beneficial to the applicant” - Could someone breakdown how to interpret these three conditions?

“Date of application” - Does it mean the date of ILR application?

“The date of decision”- Decision for what? If it’s ILR. How I can predict the ILR decision date?

“Any date up to 28 days after the date of application” - What application does Home Office mean?

I am on skilled work Visa route.

Visa to enter UK (Entrance Clearance):
Main Applicant: 01.09.2022
Spouse: 01.09.2022
Child 1: 01.09.2022
Child 2: 01.09.2022

Factual entered UK:
Main Applicant:10.09.2022
Spouse: 05.11.2022
Child 1: 05.11.2022
Child 2: 05.11.2022

BRP dates:
Main Applicant: 15.08.2022 – 14.08.2024
Spouse: 16.08.2022 – 14.08.2024
Child 1: 08.08.2022 – 14.08.2024
Child 2: 08.08.2022 – 14.08.2024

meself2
Moderator
Posts: 3727
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Regarding Skilled work visa extension so that to be qualified for ILR period (5 years).

Post by meself2 » Sun Apr 28, 2024 3:50 pm

You're looking very heavily into it, which is good, but might just cause confusion at this stage. For questions:
- you can count your visa date as a starting point (but take absences into account as time between visa start date and you not being in UK will count as absences);
- if you add 5 years and deduct 28 days from your date of entry clearance, you can get a date when you qualify for ILR. Some people have to apply early to keep the lawful residence period, so that's where all the "decision date" thing comes in - see indefinite-leave-to-remain/advice-relat ... l#p2110176 .

You're on your first extension yet and rules may change in 3 years, so I'd advise to leave it for 2 years and start looking into it when you're about to obtain ILR.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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