Earliest ILR eligibility date rule clarity

[sdkr]

Dear Zimba, Gary,
I am exactly in the same situation. Thank you so much and the above covid concession gave a great insight which nobody could give.

Question : Does this concession apply for my dependents as well or only for the main applicant?
Kindly advise.

[zimba]

Dear Zimba, Gary,
I am exactly in the same situation. Thank you so much and the above covid concession gave a great insight which nobody could give.

Question : Does this concession apply for my dependents as well or only for the main applicant?
Kindly advise.

No. This is only for the main applicants. This is clear above

[sdkr]

Dear Zimba,
Thank you for prompt response. Just to confirm both myself and my dependents(spouse and kid) applied for the tier2general visa on the same day as me on 14-july-2020 which falls under the covid concession period between 24 January 2020 and 30 June 2021. Still only I as a primary applicant eligble to apply for ILR
on 14july2020 - 28days and not dependents correct?

Kindly confirm the understanding.

Initial teir 2 application submission date for all 3 of us - 14-July-2020
Tier2 general decision date for all 3 of us : 27-oct-2020.

[zimba]

That is what I said above

[sdkr]

Great, thank you so much Simba!! You are so helpful and knowledgable.

[sdkr]

Dear Admins,

I would like to know the earliest eligible date for my dependents to apply for ILR.
I came to UK in Tier2 ICT Dependent Visa and then eventually switched to Tier 2 general Visa.
Below is our timeline.


1. Tier 2 Visa ICT Dependent end date = Date 02-Dec-20
2. Tier 2 General Visa application submission date = 14-Jul-20
3. Tier 2 Employer joining Date = 15-Jul-20
4. Tier 2 Visa application grant date = 27-Oct-20
5. Current Skilled worker visa end date = 02-Mar-26

I understand that i am eligible to apply for ILR (28 days minus 14-Jul-20 T2 app submission date ) = 16-Jun-2025 due to the covid related concession mentioned below in page 56.
https://assets.publishing.service.gov.u ... ion_13.pdf

However, if we go by below clause then my dependents should also be eligible to apply on or after 16-june2025? i.e the date of application is most beneficial to me [28 days minus 14-Jul-20 T2 app submission date] . Kindly advise.

CR 6.1. 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; or

[zimba]

The skilled worker rules do NOT care about the type of dependant visa routes. So any time spent under any dependant/family route counts when they apply for ILR. This means you all can apply together

Applicants can benefit from the date of the ILR decision

[sdkr]

Dear Zimba,

Thank you so much as always.

1. So your suggestion is we all can apply together anytime after 16-june-2025 (which is what i believe as well) as opposed to what my org's immigration advisor is proposing as below. Pls confirm

(i). I can apply anytime on or after 16-June-2025 [28 days MINUS T2G app submission date 14-Jul-2020]
(ii). My dependents can apply anytime on or after 29-Sep-2025 [28 days MINUS decision date 27-oct-2020]

2. If 1 is true, with which piece of uk.gov site published evidence i can tell my org that 1 is correct?
Also if you could help me clarify with the below on what the below (a) & (b) dates refer to?
Do they refer to the date of ILR application being submitted or the Intial tier2 application submission date?

CR 6.1. 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;

[zimba]

The advisor is wrong to suggest that their application needs to be delayed until September.
I already shared the link above with you. Click and read to understand what is going on with regards to the date of application !!

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

[sdkr]

Dear Zimba,
Thank you and yes i did go through it. It seems to be one of the most messy, complex cases you have supported and turned out to be successful.

But for me the question here is,
As per Section 3C of the Immigration Act 1971,



What is Section 3C ?

When you apply for a new application before visa expiry (i.e. an in-time application), the provisions under Section 3C of the Immigration Act 1971 get engaged when your visa expires. This means your current visa and all of its privileges are automatically extended (after your visa expires) until a decision is made on your pending application.

So once the decision is made and is successful, then the period between the below is counted as lawful continuous residence under the new visa which is Tier2 general and not ICT dependent visa?
application date = 14-july-2020
Decison date = 27-oct-2020

[zimba]

It is not possible to get what your query is. Please try again and ask the query again properly

[sdkr]

Dear Zimba,

My question is under what grounds / skilled worker guidance clause my dependents would be eligible to apply for ILR along with me on or after 16-June-2025? So that i can share the same with my employer advisor as an evidence.

Kindly advise.

[zimba]

As I explained to you above, the rules do NOT care about the dependent visa routes as per the immigration rules paragraph 37.1 and onwards. So time spent under ANY dependant route or even family route counts. This is a common misunderstanding that I have seen among some advisors. They incorrectly think you need 5 years as a skilled worker dependant for ILR which is NOT correct at all.

Here is the excerpt for the relevant guide:

5-year permission requirement: partners
Those who are required to complete a qualifying period must have spent a
continuous period of 5 years in the UK with permission as a dependent partner of the lead applicant.
Dependant partner can include time as a spouse on family routes.

Also, you should not satisfy your employer/advisors, you should satisfy the UKVI and the requirements under the rules

The guide: https://assets.publishing.service.gov.u ... routes.pdf
The rules: https://www.gov.uk/guidance/immigration ... led-worker

[sdkr]

Dear Zimba,

Thank you for the response. But the point here is my spouse was never a dependent on any other route except on my SWV. She was the primary main applicant on tier2 ICT Visa from Dec2018 - June-2020.
Later moved as my dependednt on my SWV. timeline below posted for your ease of ref.

ZIMBA : So time spent under ANY dependant route or even family route counts.

Kindly advise.

My skilled visa worker timeline
==========================
1. Tier 2 Visa ICT Dependent end date = Date 02-Dec-20
2. Tier 2 General Visa application submission date = 14-Jul-20
3. Tier 2 Employer joining Date = 15-Jul-20
4. Tier 2 Visa application grant date = 27-Oct-20
5. Current Skilled worker visa end date = 02-Mar-26

[zimba]

Then she can qualify for ILR within 28 days of her completing the 5 years. Unlike you, she cannot benefit from the date of the application

[sdkr]

Excellent, thank you Zimba. You have been super helpful as always

[gamechanger_2020]

Hi Simba,

Can I check if the CR and covid concesssions are applicable to 5year Parent routes in determining ILR qualifying periods.
I will start my own thread for your assiatance once I have some clarity on this

Many thanks

[zimba]

Hi Simba,

Can I check if the CR and covid concesssions are applicable to 5year Parent routes in determining ILR qualifying periods.
I will start my own thread for your assiatance once I have some clarity on this

Many thanks

No. The COVID concession ONLY allows you to start counting from the date of initial SW application, hence it is only possible under the skilled worker route and only applies to the main applicant.

[gamechanger_2020]

Thanks Zimba,
Appreciate all the assistance

Kind regards
Ama

[sdkr]

1. What are your options if you will be completing 5 years IN SW visa and left with more 6 months of additional SW visa but your sponsor doesn’t give the employer letter that you are needed for foreseeable future?

2. If you get a new job can the new sponsor directly sponsor for your ILR ?

3. Curtailment letter is issued from when ? From Last working day ?

Timeline -
eligible for ILR by 16 June 2025.
Visa valid until 1-Mar-2026.

[zimba]

1. What are your options if you will be completing 5 years IN SW visa and left with more 6 months of additional SW visa but your sponsor doesn’t give the employer letter that you are needed for foreseeable future?

2. If you get a new job can the new sponsor directly sponsor for your ILR ?

3. Curtailment letter is issued from when ? From Last working day ?

Timeline -
eligible for ILR by 16 June 2025.
Visa valid until 1-Mar-2026.

1. The rules require it.
See: All you need to know about the sponsor letter for Skilled Worker route

2. No. They cannot. You must get a new skilled worker visa. You also need to provide payslip and bank statements from your sponsor.

3. Curtailment of visa is up to the UKVI. They may or may not curtail your visa

[sdkr]

Great thanks Zimba.

2a. What’s the bare minimum time for which SW can be applied. As in this case the person would have already completed the required 5 years time but just getting new sponsorship for the sake of employer letter.

2b. Can the ILR be applied right after first months payslip is generated with new employer ? If not minimum how many months is required to apply for ILR after joining new sponsor?

3. Curtailment letter issued date + 60 days Vs current SW visa end date - which date will be considered by which the person will have to leave the UK ?

[zimba]

2a. It is not just about having the 5 years. You need to satisfy ALL the requirements under the rules.

2b. Yes, one month is enough

3. Depends. If the visa is valid for more than 60 days, they curtail it to 60 days from the date of the letter. If the visa is valid for less than 60 days, they will not curtail it at all

[sdkr]

Thanks much Zimba.

2a. Ya am aware of all other requirements. If all other requirements are met can SWV be applied for just say just 1-2 months in this case? Or can it be applied as min 2,3,5 years term ?


3. At what point the organisation notify the home office about the role coming to an end ? Say if the candidate has 3 months notice period for the employer.

[zimba]

2. Skilled worker visa length depends on the length specified on your certificate of sponsorship. You cannot request an arbitrary length. Any dependant visa will be matched up to your visa expiry, for max period of 3 years.

3. Normally when the employment ends.