ILR 10 year route - calculating qualifying period

[Mustafaa]

Hi Everyone,

I entered the UK with a Tier 4 visa on the 18/Oct/2014. Never been more than 6 months at a time outside the UK. I am currently on a skilled worker visa, and it says valid until 19/09/2024. My question is on which date do I become eligible for ILR under the 10 yr route ?

If I opted for priority service and the case worker calculated my qualifying period counting back up to 28 days after the date of my application (which is probably gonna be 19/09/2024) this would fall on 17/Oct/2024, would I still be eligible even though I entered the UK 18/Oct/2014 ? Or am I ineligible because there is a 1day gap?

[zimba]

The date of application may not matter much as your date of decision will be considered instead.

See: Applicants can benefit from the date of the ILR decision

[Mustafaa]

Thank you for getting back to me.

Just two questions:
1. Is the 28 day counted from the date of the biometric being submitted? Or the online submission?

2. I spent 7 years on Tier4 visa and 3 years on Skilled worker, is the 10 yr period calculated from the date of tier 4 visa issue or the entry date to the uk? I am applying under 10 year long residence.

[zimba]

Thank you for getting back to me.

Just two questions:
1. Is the 28 day counted from the date of the biometric being submitted? Or the online submission?

2. I spent 7 years on Tier4 visa and 3 years on Skilled worker, is the 10 yr period calculated from the date of tier 4 visa issue or the entry date to the uk? I am applying under 10 year long residence.

The advice in the link I shared above makes all these clear. The 28 days are counted from the 'the date that is most beneficial to the applicant' and the period is calculated from that date and counting backwards. This is how ALL the qualifying period is calculated. When the caseworker counts the day backwards, the beginning of the 10 years must be on or after your Tier 4 visa issue date.

[Mustafaa]

Thanks for your reply.

So the date I entered the uk (which was 2 weeks after the date the visa shows as valid) does not matter? Whats matters if the issue date if the visa even though I was outside of the uk when it was issued ?

Does that apply under all ILRs or just the 5 year route ? I couldn’t find resources about this

[AmazonianX]

Thanks for your reply.

So the date I entered the uk (which was 2 weeks after the date the visa shows as valid) does not matter? Whats matters if the issue date if the visa even though I was outside of the uk when it was issued ?

Does that apply under all ILRs or just the 5 year route ? I couldn’t find resources about this

The 28days is a concession not a rule.

[zimba]

Thanks for your reply.

So the date I entered the uk (which was 2 weeks after the date the visa shows as valid) does not matter? Whats matters if the issue date if the visa even though I was outside of the uk when it was issued ?

Does that apply under all ILRs or just the 5 year route ? I couldn’t find resources about this

Since April 2024, the absence rules for the long residence are now covered by the appendix continuous residence. So the date of entry may no longer be relevant and you should be able to rely on the date of the initial visa issue date like other routes under that appendix. You may choose to err on the side of caution and apply such that the beginning of your 10 years will be on or after the date of initial entry.

I discussed this before: viewtopic.php?t=347861#p2166076

[Mustafaa]

Thank you, just couple of sticking points:

1. Assuming it is the date if entry that matters, If someone entered the uk in 18/Oct/2014, would the full 10 year period be up until 17/Oct/2024 or 18/Oct/2024?
I thought it might be considered complete on the day before the anniversary of the entry date.

2. If I applied two days before the 28 day period (i.e. 30 days before I fully complete 10 year residency) would I be granted the ILR if the decision was within the 28 days period? Reason I have to apply earlier is because my current visa expires 30 days before I complete the full 10 yrs.

Paragraph CR 6.1. of Appendix Continuous Residence sets out that “ The continuous residence periods in CR 2.1, CR 2.2. and CR 2.2A. will be calculated by counting back from whichever of the following dates is the most beneficial to the applicant:

(a) the date of application; or

(b) any date up to 28 days after the date of application; or

(c) the date of decision;”

I don’t think I can use (b) and (c) together. As such If they count from decision date (and it’s within 28 days) back they would see that my online submission is two days earlier than the start of 28 days qualifying period. In the guidance UKVI say it’s the date of online submission thats considered, but the forum seem to suggest it’s appointment/biometric date.

3. Lastly, current leave shows “valid until” date. Can I apply for new leave on this date or is it completely expires on this date ?

[vinny]

1. You may be right. However, it’s probably best to err ( +1 day) on the caution too.

2. See also Early applications.

3. Ambiguous. it’s probably best to err (-1 day) on the caution too.

[Mustafaa]

I would love to be cautious, but the problem is my skilled worker visa expires 30 days before the 10 years is complete (not 28 days). So im gonna end up extending my current visa just for those two days just so I can reach legally the 28 days qualifying period.

[vinny]

If you are short by only a few days, then I think that it is highly unlikely that they will consider your in-time ILR application more than 28 days before the required qualifying period is completed.

Alternatively, if you don’t sabotage yourself with a superpriorty extension, then you may extend normally, shortly before leave expires, and subsequently vary your outstanding extension application to an ILR application after you complete your qualifying period (being ultra-cautious). Then they should give you a refund as well.

[zimba]

Thank you, just couple of sticking points:

1. Assuming it is the date if entry that matters, If someone entered the uk in 18/Oct/2014, would the full 10 year period be up until 17/Oct/2024 or 18/Oct/2024?
I thought it might be considered complete on the day before the anniversary of the entry date.

2. If I applied two days before the 28 day period (i.e. 30 days before I fully complete 10 year residency) would I be granted the ILR if the decision was within the 28 days period? Reason I have to apply earlier is because my current visa expires 30 days before I complete the full 10 yrs.

Paragraph CR 6.1. of Appendix Continuous Residence sets out that “ The continuous residence periods in CR 2.1, CR 2.2. and CR 2.2A. will be calculated by counting back from whichever of the following dates is the most beneficial to the applicant:

(a) the date of application; or

(b) any date up to 28 days after the date of application; or

(c) the date of decision;”

I don’t think I can use (b) and (c) together. As such If they count from decision date (and it’s within 28 days) back they would see that my online submission is two days earlier than the start of 28 days qualifying period. In the guidance UKVI say it’s the date of online submission thats considered, but the forum seem to suggest it’s appointment/biometric date.

3. Lastly, current leave shows “valid until” date. Can I apply for new leave on this date or is it completely expires on this date ?

The 28-day concession is NOT exactly what you see under (b). ILR can be granted when you are within 28 days of completing your ILR qualifying years of lawful residence and this has been the case for ALL the routes for a long time. Vinny already pointed you to the place where this is made clear for the long residence applications.

Applications being considered 28 days or less before the required qualifying period is completed
You can grant an application if it is considered 28 days or less before the applicant completes the required qualifying period, provided they meet all the other requirements for long residence.

[Mustafaa]

Right that makes sense then.

Can I submit ILR application online before the 28 days (just to trigger section C) but then book my ILR appointment (probably super priority) few days later to be within the 28 days? Looks like a loophole to me

Though they mention in the guidance for long residence: “ Date of application
43. The date of your application will be taken to be the following:
For applications made in the United Kingdom:
• where the application form is sent by post, the date of posting; or
• where the application form is sent by courier, the date on which it is delivered to the Home
Office;
• where the application form is submitted online, the date when you submit your application
form and pay your application fee online.“

[zimba]

Yes. Section 3C has nothing to do with the 28-day concession. You apply before visa expiry and when your visa expires, section 3C automatically covers you. Please go and read the link I shared above !!

[Mustafaa]

Yes. Section 3C has nothing to do with the 28-day concession. You apply before visa expiry and when your visa expires, section 3C automatically covers you. Please go and read the link I shared above !!

Hi sorry to ask again, I have read the links you provided, and have had a word with an Immigration advisor about applying online before my visa expires (say on the 17th) then book my biometric appointment within the 28 days before I complete the 10 yr (which is completed on the 18th Oct), he said if I opt for super priority appointment then the case worker will deicde within 24h which will be before the 18th Oct which is deemed as if I have not completed the 10 years qualifying period so it will be rerejected.

He instead recommended that I submite online before expiry date but provide biometerics after I cimpeleted the 18th Oct (after completing the 10 years period) so I can benefit from decioson date.

my question is: is his advise correct? if apply online before expiry of the visa (which is before 28 days) but then submite biometric within the 28 days and decision is made (within 24h) within the 28 days would this lead rejection ?

consultant really confused me. appreciate your help, and sorry for asking again.

[zimba]

ILR can be granted up to 28 days BEFORE completing your full 10 years. That is the whole point of 28-day concession argument. So the advisor is wrong to think that there will be a refusal. On the date of decision, you should be within 28 days completing your 10 years or any time later

[Mustafaa]

ILR can be granted up to 28 days BEFORE completing your full 10 years. That is the whole point of 28-day concession argument. So the advisor is wrong to think that there will be a refusal. On the date of decision, you should be within 28 days completing your 10 years or any time later

Thank you Zimba, that clears things up.

Last thing: if my ILR got refused (say a case worker who’s not well informed, or for other reasons not necessarily timings) how much time will I be given to leave the country? And can I reapply during that time again as I will be surely eligible ? My skilled worker visa will have expired after the 19th Sep, so all that time im on section 3C till a decision is made, would a refusal disrupt my employment rights ?

[zimba]

Caseworkers know the rules and procedures, so you do not need to worry about this. SET(LR) is considered a human rights application and has the right to appeal for applicants.

[Mustafaa]

Caseworkers know the rules and procedures, so you do not need to worry about this. SET(LR) is considered a human rights application and has the right to appeal for applicants.

Thank you, Zimba.

As my current visa is valid until 19/Sep, and the 28 days start from the 21/Sep. How far in advance should I submit the online application to ensure I can book a super priority appointment? I'm concerned that if I leave it too late (say on September 18th) I might not find a super priority slot and will have to settle for a standard appointment as I will be creeping on the expiry date. Ideally, I want the appointment before September 27th to avoid affecting my citizenship eligibility, as I left the UK on September 27, 2020 and returned five months later.

You reckon I should apply next week? So it’s not too early and not too late

[zimba]

The standard application can take weeks to be decided after submission of Biometrics, so you can assume a date of decision well in the future after biometrics. I already gave you advice on how this will work in your advantage above

[Mustafaa]

The standard application can take weeks to be decided after submission of Biometrics, so you can assume a date of decision well in the future after biometrics. I already gave you advice on how this will work in your advantage above

I am planning to go for super priority appointment where the decision is made within 24h, so inevitably decision will fall within the 28 days period, and my online submission is hopefully tomorrow (way before the 28 days start, so ineligible).

[Mustafaa]

Caseworkers know the rules and procedures, so you do not need to worry about this. SET(LR) is considered a human rights application and has the right to appeal for applicants.

If ILR decision came as refused (for whatever reason) whilst I am on section 3C, do I have the right to apply again immediately given that my visa already expired by that time? Can someone reapply if their work visa was expired and they’re just on section 3C ? Or they have to leave the country

[zimba]

They can apply within 14 days of refusal. Section 3C however will be terminated when you apply

[Mustafaa]

They can apply within 14 days of refusal. Section 3C however will be terminated when you apply

If section 3C will be terminated wouldn’t that make me ineligible to reapply for ILR as I will be an overstayer/residing illegally in the uk?

[zimba]

The overstaying time will be disregarded under paragraph 39E but it will not count towards the 10 years. I suggest you do not focus on that, the question is why would you be refused and what a second application will achieve that the first one failed to deliver ??