URGENT!!! Skilled worker dependent partner and child applied for ILR one month early

[Mukki]

Hi All,

My wife (the main applicant) has been granted ILR. I am her dependent partner, and we have a son who turned 18 years old last year. Both my son and I are completing five years here in the UK on 1 July 2024. I was under the impression that the 28-day rule counted from the date of biometric submission. Therefore, my son and I submitted the online application (two separate Set(O)) on 03 May 2024, which is 58 days before reaching five years.

I've noticed many posts stating that ILR was refused due to applying too early, but all of these posts are related to the main applicant. My case is a bit different. Has anyone had a similar experience or could anyone help me with my queries?

My son and I share the following dates:

Current visa expiry date: 24 Oct 2024
Five-year anniversary date: 1 July 2024
ILR application submission: 3 May 2024
Biometric appointment: Not booked yet.

Now, my queries are:

1. If I book the biometric appointment after 2 Jun 2024 (within 28 days before five years), would it be fine, or does the application date need to fall within 28 days of the five-year anniversary?
2. Can I cancel both applications? If yes, will I get a refund?
3. Is there any gap between cancelling the application and starting a fresh one?

Your assistance is greatly appreciated.

Thanks

[zimba]

Book the appointment in way that you are within 28 days of completing the 5 years.
I explained it in depth here: How to apply early and benefit from the date of the ILR decision ?

[Mukki]

Thank you so much, @Zimba, for the quick reply.

The explanation you referred me to says:

'Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.

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.

Now, my understanding is that the highlighted three points are in the context of the first highlighted paragraph.

Additionally, the gov.uk website mentions that:
'The earliest you can apply is 28 days before you’re eligible. Check how long you need to have spent in the UK to be eligible.

Your application may be refused if you apply earlier.'

So, I am still confused. Can you please clarify my below concerns?

1. Will they put me on the 10-year route if the application is unsuccessful?

2. Can I reapply if my application is unsuccessful?

Thanks in advance.

[zimba]

The first highlighted part is effectively saying ILR can be granted within 28 days of completing your 5 years. That is the context and this has been the norm since like forever. Confusion arises because what the UKVI says regarding the 28 days is often misinterpreted. People mistakenly think that the UKVI will refuse an application even if the applicant has accumulated the required lawful residence period and ONLY because the applicant applied early. This is incorrect. I explained what lawful residence means as per the immigration rules, how it is accumulated and why the date of application no longer matters when you already have accumulated the required lawful residence for ILR, which is within 28 days of completing your 5 years. That is the basis for the other highlighted parts

Also, what is the relevance of the 10-year family route here ? There is no 10-year visa for skilled worker dependant route and failure to satisfy the rules does not lead to any automatic grant of any other visa or move to the family route

[Mukki]

Hi Zimba,

Just to inform you that my son's and my ILR application has been successful. I booked my biometric appointment on 11th June, which was within 28 days of our five-year anniversary. Thank you so much for your valuable guidance. You rock!