#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
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