Indefinite Leave to Remain (ILR)

[prasannkg]

Hello,

Could someone please assist with my query regarding our current visa situation?

I arrived in the UK on my ICT visa on March 4th, 2015, and transitioned to a PBS Dependant visa in March 2020. My current PBS Dependant visa is valid from March 20th, 2020, until February 2nd, 2025.

My wife, who is the main applicant, applied for her Tier-2 visa on January 16th, 2020, and arrived in the UK on February 1st with her Vignette. She collected her BRP a few days later, which was initially valid until December 15th, 2024.

On February 6th, 2020, I submitted my application to switch to a PBS Dependant visa. Shortly after, we were informed by the Home Office that my wife's BRP dates needed to be amended due to an error in the end date. Consequently, her BRP start date was changed to March 20th, 2020, which also became the start date for my BRP.

Given our situation, I would like to get a confirmation on
1) When my wife will be eligible to apply for her ILR?
2) Whether I am eligible to apply for ILR under the 5-year or 10-year route

Additionally, it would be helpful for me to know when my 5-year tenure for ILR eligibility begins. Should it be calculated from February 6th, the date of my application, or from March 20th, the BRP start date following the correction made by the Home Office?

Any help with this is greatly appreciated.

Thank you

[zimba]

1. The ILR qualifying period starts on the first visa approval date. The BRP issue date and approval dates often match however a BRP may be issued at a later date for administrative reasons like in her case but a BRP can't be backdated, hence its issue date is the date it was printed. However, that does not change the fact that her qualifying period started on her very first visa approval date, so the corrected BRP issue date can be ignored as it is likely that her first visa approval date was before that.

Her first visa approval date + 5 years - 28 days is the earliest date of ILR eligibility.

2. Your first dependant visa approval date + 5 years - 28 days is the earliest date of ILR eligibility. You should apply using SET(O) later in Feb 2025 before visa expiry.

[prasannkg]

Hello,

Thank you for your response.

While I'm unsure of the exact date my visa was originally approved, I did check the details on https://view-immigration-status.service.gov.uk, and they are as follows:

- Valid from: 20 March 2020
- Valid until: 2 February 2025

Given this information, does it mean I would need to renew my dependent visa before applying for ILR?

Thank you for your assistance.

[zimba]

No. Even if we take 20 March, then you will be eligible for ILR by Feb within 28 days.
You will simply need to apply before visa expiry and book the appointment after the earliest date of ILR eligibility.

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

[prasannkg]

Hello,

Thank you again for your reply.

Apologies for seeking clarification again, but I’m slightly confused. Based on the 28-day rule, I will be eligible to apply for ILR starting on 19th February 2025, but my current visa expires on 2nd February 2025. How should I address the gap between 2nd February and 19th February?

Thank you for your assistance.

[zimba]

Hello,

Thank you again for your reply.

Apologies for seeking clarification again, but I’m slightly confused. Based on the 28-day rule, I will be eligible to apply for ILR starting on 19th February 2025, but my current visa expires on 2nd February 2025. How should I address the gap between 2nd February and 19th February?

Thank you for your assistance.

There is no 28-day rule, it is just a concession. If you apply before visa expiry, section 3C extends your visa automatically.
You can be GRANTED ILR if you are within 28 days of completing your 5 years. If you click on the link I shared above, you can see how Section 3C and the rules work to allow you to benefit from the date of the ILR decision. So the date of your application becomes less relevant.

You apply for ILR before visa expiry and book your appointment on or after 19 Feb. Section 3C gets engaged after your visa expiry and then covers the lawful residence shortfall as long as your application is pending, so you will reach within 28 days of completing your 5 years by 19 Feb when you can then be granted ILR from that point onwards

[prasannkg]

Hello,

Appreciate your response and help with this, thank you very much.

Thank you