Skilled worker ILR

[Makeh05]

I am writing to submit my application for Indefinite Leave to Remain (ILR) under the Skilled Worker / Tier 2 (General) route. I would like to clarify my visa timeline and request that my continuous residence period be considered from the date my Biometric Residence Permit (BRP) was issued, in line with Home Office guidance.

Visa Timeline & Entry to the UK

Initial Tier 2 (General) Visa Grant: 10 April 2020 – 10 May 2020 (Unable to travel due to COVID-19 lockdown)
Second Vignette Issued: 4 August 2020 – 4 November 2020
Date of Entry to the UK: 17 September 2020
BRP Issue Date: 27 March 2020
Due to COVID-19 travel restrictions, I was unable to enter the UK during my initial visa validity and was granted a new entry vignette. I arrived in the UK on 17 September 2020 and collected my BRP, which was issued on 27 March 2020.

Continuous Residence Period & ILR Eligibility

According to the Home Office guidance on continuous residence, the period between the issue of entry clearance and actual entry to the UK may be counted towards the qualifying period, as long as:

The applicant's absence before entering the UK does not exceed 180 days.
Any such absences count towards the allowable 180 days per 12-month period.
If the delay is over 180 days, only time after UK entry counts.
I entered the UK 174 days after my BRP issue date (27 March 2020 to 17 September 2020), which is within the 180-day allowance. Therefore, I kindly request that my ILR qualifying period start from 27 March 2020, as per Home Office rules.

Earliest ILR Application Date

Based on my BRP issue date, I will have completed 5 years of continuous residence on 27 March 2025, allowing me to apply 28 days before, around 28 February 2025.

I appreciate your time in reviewing my application and kindly request confirmation that my ILR eligibility starts from 27 March 2020. If any further details are required, please let me know.


Note: Please find the attached document from the home office. Please refer the Page 9.
Yours sincerely,
Harsha

[zimba]

Yes you are within the limits, assuming that you did not have any other absences in 2020 after your entry to the UK

[Makeh05]

Can I apply on 28th February 2025? Please let me know when I am eligible. Because the visa fees are too high. Thanks in advance. Are there any situations like mine as many people have been affected in covid 19?

[Makeh05]

No, I did not have any absences.
Can I consider in this case the date of issuing the BRP card?
Many are saying as they have given a second vignette the first vignette nullifues.
I am confused. Also, I did not work in my home country for a UK employer in that period.

Can I apply on 28th February 2025? Please let me know when I am eligible. Because the visa fees are too high. Thanks in advance. Are there any situations like mine as many people have been affected in covid 19?

[zimba]

Can I apply on 28th February 2025? Please let me know when I am eligible. Because the visa fees are too high. Thanks in advance. Are there any situations like mine as many people have been affected in covid 19?

Yes. The rules are clear.

I suggest to also read: Applicants can benefit from the date of the ILR decision

[Makeh05]

Many thanks. In the application When did you first enter the UK? What should I mention here as per my BRP? What do I need to say about absences in this period from 27-03-2020 to 16-09-2020? The date I enter to UK is 17-09-2020 How does it work? What evidence I should submit for this? Please help me with this?

[zimba]

Many thanks. In the application When did you first enter the UK? What should I mention here as per my BRP? What do I need to say about absences in this period from 27-03-2020 to 16-09-2020? The date I enter to UK is 17-09-2020 How does it work? What evidence I should submit for this? Please help me with this?

That question is NOT relevant to the ILR decision-making process, so you enter the date you entered the UK. I told you very explicitly that it will be based on the first visa issue date. You do NOT need to do or say anything about your absences or provide evidence.

[Makeh05]

I am so sorry and I am confused, in this scenario which date I should mention in the application, please? BRP Date of Issue 27-03-2020 and I physically enter the UK on 17-09-2020. Many thanks.

[CR001]

It doesn't matter, it doesn't determine your eligibility.

However, the question VERY clearly as what date did you ENTER the UK? It has not asked what date your BRP or visa vignette is!!

UKVI obviously know the rules, they wrote them.

[Makeh05]

Thanks a lot for the reply. Where do they check I have completed continuous 5 years without having 180 days of absence in any 12 months.

Beacause I am worried about the below.


ILR applications often require evidence of continuous residence in the UK for a specified period. If the applicant does not meet the residency requirements, the application may be refused.

When to apply

The earliest you can apply is 28 days before you’ve been in the UK for 5 years on a qualifying visa. Check which visas count towards your time in the UK. Your application may be refused if you apply earlier.

Link : https://www.gov.uk/indefinite-leave-to- ... orker-visa

[zimba]

I already shared the link above so that you understand how the rules work. The advice appearing everywhere on 'applying only 28 days before eligibility' is due to historical reasons and applicants often do not know or understand the context of it. I covered it many times before.

Read: https://www.immigrationboards.com/viewt ... 5#p2177544

[Makeh05]

Hi, I hope you're all doing well. I have a few questions regarding the Date of Issue on my BRP card and the Vignette in my passport, as my Tier 2 General application was made outside of the UK in 2020.

On my BRP card, the Date of Issue is listed as 27-03-2020, and the first vignette is from 10-04-2020 to 10-05-2020. Unfortunately, I couldn’t travel to the UK due to the COVID-19 lockdown. The government was very helpful and provided a second vignette at no additional cost after I submitted my passport. This second vignette was from 04-08-2020 to 04-11-2020.

The Date of Entry to the UK, as stamped on my passport, is 17-09-2020. With this in mind, which date should I consider for qualifying for ILR (Indefinite Leave to Remain) continuously for 5 years?

For clarity, my absences from the UK are as follows since 17-09-2020:

14-12-2024 to 02-02-2025

16-02-2025 to 30-03-2025

Thank you for your advice.

[zimba]

Qualifying period starts from very first visa issue date so 27-03-2020

[Makeh05]

Thanks a lot for your reply. But many are saying as they have issued a second vignette, the first vignette nullifies and it is not considered. That's the point I am confused and scared. The visa fee is £2885 and I am thinking of going for priority service which is £500 extra. So it is a lot of money. Don’t want to get any refusal.

[zimba]

Thanks a lot for your reply. But many are saying as they have issued a second vignette, the first vignette nullifies and it is not considered. That's the point I am confused and scared. The visa fee is £2885 and I am thinking of going for priority service which is £500 extra. So it is a lot of money. Don’t want to get any refusal.

Those people do not know what they are talking about at all. This is a common point of confusion.
The vignette was simply issued so that you can enter the UK as the BRPs were only printed inside the UK. So while they issued you a visa, there was no way for you to enter the UK and collect your BRP. The embassy had to put an entry sticker in your passport so that you can board the plane to the UK. Note that a visa vignette cannot be backdated and its issue date is always the day it was printed. This does not mean your initial visa issue date was actually moving, your visa was in fact first issued as per date on the BRP.

[Makeh05]

Thanks a lot I am going to apply for my ILR end of this month.

[Makeh05]

Hi Zimba

Thanks a lot for everything. I have recieved My ILR on Saturday.

[zimba]

Congratulations