ILR Set (O) continue residence calculations

[hajisingh84]

I need some advice on eligibility date for submission from ILR application.
Background: I was on student visa which was expiring on 31 May 2020. Before that I applied for Tier 2 General visa application inside UK was submitted on 13 March 2020 and I received BRP Issue date as 2 April 2020. I joined my job on 18 May 2020 and same is my hire date as per company record and this will be included in the company letter which need to be submit with ILR application. My query is what date counts as starting date towards continuous residence, is it 2 April 2020 or 18 May 2020.

If it is 2 April 2020, do I need add details in cover letter regarding time between 2 April 2020 to 18 May 2020 when I was still studying. Or the start date need to be 18 May 2020. I know that I can submit application 28 days before completing 5 years.

[zimba]

You do not need a cover letter to tell the UKVI about the rules in place. UKVI now allows skilled workers to count the time since their initial application submission date towards their ILR, assuming they applied between 24 January 2020 and 30 June 2021 and were subsequently granted a visa:

Due to major disruption to UKVI services during the COVID-19 pandemic, Tier 2
(General) and Skilled Worker applicants in the UK were permitted to start work for
their sponsors while waiting for decisions on their applications. This time while they
were waiting, but able to work, also counts towards the continuous 5-year period.
The applicant must have been in the UK with permission (including as a visitor or
with Exceptional Assurance), and the application must have been:

• for permission to stay
• made between 24 January 2020 and 30 June 2021 (inclusive)
• supported by a CoS on the date of application
• granted

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

[hajisingh84]

Hi Zimba,

Thanks for your quick reply. I can understand that if someone is waiting for decision and started working they can count it towards ILR. MY case is other way round, I got the decision and BRP on 2 Apr 2020 (issue date) and due to still studying my joining date got delayed before submission of thesis and final presentation till 18 May 2020. Can I used 2 Apr 2020 or 18 May 2020 for start date. It seems 2 Apr 2020 is the date I can use but not very clear from your reply, can you please confirm the right date to use.

[zimba]

The date you started working is irrelevant, it is only that you cannot benefit from the concession above. You can count from the visa issue date onwards