Indefinite leave to remain relevant date

[Shahid110]

Hi
I need advice for skilled worker visa renewal and ILR relevant date to apply
I have a 3 year skilled worker tier 2 visa started from 24 June 2022 and valid until 29 May 2025 which will be 35 months approx. I have entered the UK on 19 July 2022. My question is which date will be relevant if I need to count my 5 years time for ILR either I can count from visa start date which is 24 June 2022 or UK entry date which is 19 July 2022?

Further my visa renewal is due and I want to renew for 2 years but my employer wants me to renew it for another 2.5 years instead of 2 years because of my initial visa was less than 3 years i.e. 35 months. As per my understanding you can apply for ILR 28 days before the date when you complete your 5 years in the UK. Therefore, in my case if I apply for 2 years renewal then the visa expiry will be on 29 May 2027 and if relevant date for ILR to count 5 years is initial visa start date which is 24 June 2022 the my 5 years will be completing on 24 June 2027 and you can apply for ILR 28 days before that date which will be 26 May 2027 that will be within the visa expiry of 29 May 2027. My question here is should I apply for 2 years renewal given the relevant date for ILR is initial visa start or should I apply for 2.5 years?

Looking forward for honest advice and thank you in advance!

Kind Regards
Shahid

[zimba]

Entry date is irrelevant for ILR. You can be granted ILR within 28 days of completing your 5 years counting from the first visa issue date. That is the earliest date of eligibility.

Also read: Applicants can benefit from the date of the ILR decision

Also, the length of any visa extension will be determined by the end date on your certificate of sponsorship. You do not get to request a desired length for your visa extension.

[Shahid110]

Thank you Zimba for clarifying that entry date will be irrelevant. So in my case if I apply for 2 years extension for upto 29 May 2027 so I can easily apply for ILR before my visa expiry date counting my 5 years will be completing on 23 June 2027?

Further while I will be waiting for ILR decision and my visa expired during that will I have a right to work in UK or I need to wait for the decision for ILR to come to resume my work?

[zimba]

Yes. I posted the link above so that you go and read to understand section 3C and what it means while waiting for a decision.

[Shahid110]

Hi Zimba,

Thank you for your advice and it did work as now my employer's consultant agrees that I can apply for 2 years renewal. There is another thing I want to discuss my consultant mentioned the below and allow me to take the decision either to go for 2 years extension or 2.5 years:

Technically, you could be able to apply for ILR but only under the basis of relying on the 28-day rule (you could apply from 26 May 2027 at the very earliest and would give you 2 weeks as a best case scenario to apply). The policy as adopted by the Immigration Team is to extend you for a period of time which would bring you to 5 years which will grant you a sufficient enough buffer by which to apply for ILR to allow for the collation of the relevant documentation to hand.

As your visa was only issued on 24 June 2022, it would be recommended that we extend you for 2.5 years as this will allow you to meet the 5-year mark whilst also allowing you sufficient buffer to collate elements such as the life in the UK test.

It would be your choice to go for 2 years instead of 2.5 years and against our advice to take that risk.

[Shahid110]

My first question is what you would advice me which option to choose either 2 years or 2.5 years extension given If I choose 2 years (which is cost beneficial) there will be very short time to apply for ILR, as in any case I need to apply before 29 May 2027 (which would be my visa expiry date after 2 years extension) and the earliest I can apply relying on the 28 day rule will be 26 May 2027 counting from my first visa start date of 24 June 2022. On the other hand If I choose 2.5 years extension although there will be sufficient time to apply for ILR but its going to cost me more.

My second question is can we also consider the application date as well while counting the 5 years for ILR which is in my case somewhere in April 2022?

Looking forward to hearing from you soon.

Thank You

[CR001]

My second question is can we also consider the application date as well while counting the 5 years for ILR which is in my case somewhere in April 2022?

You can't use this date, it is irrelevant to your qualifying period which only starts with visa issue date.

[zimba]

My first question is what you would advice me which option to choose either 2 years or 2.5 years extension given If I choose 2 years (which is cost beneficial) there will be very short time to apply for ILR, as in any case I need to apply before 29 May 2027 (which would be my visa expiry date after 2 years extension) and the earliest I can apply relying on the 28 day rule will be 26 May 2027 counting from my first visa start date of 24 June 2022. On the other hand If I choose 2.5 years extension although there will be sufficient time to apply for ILR but its going to cost me more.

My second question is can we also consider the application date as well while counting the 5 years for ILR which is in my case somewhere in April 2022?

Looking forward to hearing from you soon.

Thank You

Application date is irrelevant. Go back and READ what I explained regarding the date of decision in the link above. There is no 28-day rule either.