10 Year Route ILR Covid 19 Exceptional Assurance -Urgent please

[MeriemL]

I hope someone can help, please. I am really confused and nervous about when I can apply for ILR. I am applying for the 10 years route ILR.

Here are the details/dates:
Tier 4 Visa granted 9 October 2014.
Entered the UK 24 Oct 2014.
Graduate Visa August 2020.

I should have been able to apply for ILR 28th before Oct 2024 from what I understand.
However my graduate visa expired 23rd August 2021 and I was granted Exceptional assurance from 23rd August to 17th November 2021 as my previous employer completely messed up my sponsorship and delayed it and I was not able to return to my home country as it had its borders closed for almost a year.

During the EA period, I secured sponsorship and applied for Skilled worker visa 13 November 2021.

Skilled worker Visa granted 1st December 2021.
My current BRP/visa/sponsorship expires 1 December 2024.

I checked on the UKVI website and they added that the Exceptional Assurance period should not be counted.

Given my circumstances, what are my options, please?
When can I apply for ILR?
I counted 28 days prior to the date of issue of my Tier 4 visa (9 Oct) and that gave me 12 Sep - this would have been the date I could’ve applied had I not had EA.

Can we apply a few days (1 week earlier)?

Any help would be greatly appreciated, please.

Thank you

[zimba]

First of all refrain from tagging your query on other posts !!
Any time spent without lawful residence will NOT count. Exceptional Assurance did not grant leave in the UK so such a period will not count. In general, any time spent without a valid leave will not count and will be ignored. You need to accumulate more lawful residence in order to apply. For you, the time between 23rd August and 1 December 2021 will be ignored and not counted towards your 10 years

The official guide says:

No periods of overstaying (disregarded or otherwise) are included in the calculation
of the continuous residence for the qualifying period. No periods of exceptional
assurance between 1 September 2020 and 28 February 2023 are included in the
calculation of the continuous residence for the qualifying period. However, any
extensions of leave granted under the Coronavirus extension concession and the
following grace period (covering 24 January to 31 August 2020) count toward the
qualifying period requirement. See the guidance on the Coronavirus Extension
Concession (CEC) and the Exceptional Assurance Concession.

https://assets.publishing.service.gov.u ... idence.pdf

[MeriemL]

Thank you for your reply and apologies I did not realise I was tagging other posts - I was in panic mode.

Question please:
since I applied for the skilled worker visa on November 13th 2021 before the EA expired (it was meant to be the Nov 17th - should I not start counting again for the 10 years from then (the 13th Nov)? I read that they might consider date of application and not just grant but can’t find the rule now. I will update if I find it.

This is the calculation I made, please let me know what you think.
Tier 4 granted 9 Oct 2014. 10 years (lawful) would have been 9 Oct 2024. Applying the 28 days allowance would take me to 12 September 2024 - this is if I didn’t have EA.
Now adding the months/days on EA since they don’t act - from 23rd August to 13th Nov is 87 day (I hope I counted correctly)
Adding 87 days from Sep 12 gives me 30 Nov -

can I apply then?
Can we apply earlier and delay biometrics?

My current sponsorship ends 1 December 2024.
This is all so confusing and stressful for me - do please excuse the long message.

[zimba]

The date of your skilled worker visa application is irrelevant, your lawful residence started on 1 Dec 2021. That is when you can start counting again. Adding extra days then is the right approach. The thing you read is very likely related to counting the 5-year period under the skilled worker route ILR where it is possible to count the time from the application date and onwards if you were already working for your sponsor during the pandemic. This is not relevant to the log residence though.

See: viewtopic.php?t=346105#p2174620

Also, you may apply early and benefit from the date of ILR decision.
See: Applicants can benefit from the date of the ILR decision

[MeriemL]

Thank you again for your reply - truly appreciated. I will read the link you sent me.

How early can we apply please?
If I ignore the period from 23rd August to 1Dec that would take me to end January to qualify, no? And my current leave ends 1 Dec.
In your opinion, what is the date I can apply, please?

Apologies for the continuous questions.

[zimba]

I suggest after 15 November. Ensure you have had 10 years of lawful residence fully before you apply

[MeriemL]

Thanks so much again.

I am thinking of applying on the 26th Nov because my employer asked that I apply early and provide them with a code to check PVN (online check) - tried to explain the whole thing with needing qualifying (lawful) period first but they’re not getting it.

So, I’m thinking I’ll submit on the 26th Nov and delay biometrics because the 26th is not enough lawful residency.

Should I include a cover letter to explain why I applied early? From you experience, please, what happens to those who apply between 10 to 20 days earlier?

Thanks again SO much.

[zimba]

Please click and read the explanation under the link I provided above.
Applying early does not affect the application as the rules allow you to benefit from the date of the ILR decision !!

[MeriemL]

Thank you so much for sharing the link. I’ve read through it now - never knew this was an option!
So, I’m definitely not going for the super priority service to allow for more time.

So no need for a cover letter?

[zimba]

No

[MeriemL]

I cannot thank you enough for the time you have spent answering my questions and clarifying things.
I hope you don’t mind me posting again if more questions arise.
Thank you.

[zimba]

No worries. Happy to help

[MeriemL]

Good morning,
How early can we start filling in the ILR application before we have to submit it, please?
I will be submitting mine around the 25th of Nov, but would like to start the application now as I don’t really know which documents it requires and don’t want to leave it to the last minute.

Thank you

[zimba]

You can start an application anytime you want.

[MeriemL]

And there isn’t a deadline? So I can start now but not submit until November?
Thank you so much for the reply.

[zimba]

And there isn’t a deadline? So I can start now but not submit until November?
Thank you so much for the reply.

Deadline for what ?? Starting an application is inconsequential. You can start an application, save it and come back to it later. Unless you pay and submit an application, you do not have an application.

[MeriemL]

That’s brilliant.
Thank you so much for all the help you have provided so far.

[MeriemL]

Good morning,
I will be submitting my ILR 10YR application on the 25th of November. My current skilled worker visa expires 1st December. I am not planning on booking biometrics until 19th December to gain some more ‘lawful stay’ days.

Is it true that biometrics need to be submitted before my current visa expires? I thought you just needed to submit the application before current permission expiry.

Any clarification would be greatly appreciated.

[CR001]

Is it true that biometrics need to be submitted before my current visa expires?

No!

[MeriemL]

That’s a relief. Thank you.

For my employer, should I just give them the application reference we get once we submit the application (before biometrics) so they could check my right to work?
Also, how long does it usually take for UKVI to confirm right to work whilst application is pending when the employer requests it?
Thank you

[zimba]

An employer must accept a Positive Verification Notice (PVN) obtained via ECS when a migrant cannot prove their status using a share code. We cannot tell you how long their response will take, should be in few days I assume

Employer Checking Service: https://www.gov.uk/employee-immigration ... ent-status