Tier 2 visa one month short

[sddatta]

Hi there

I am hoping to get some guidance on what to do with applying for ILR with a tier 2 visa that is 1 month short. My company applied for a 5 year visa for me during COVID however, the visa is 1 month short of 5 years. Details are noted below:

Date of issue: 10 Sep 2020
Date of expiry: 9 Aug 2025

Is it possible to apply for ILR on the 8th of Aug for ILR or technically the earliest I can apply for is the 13th of Aug given that is 28 days before the 5 years of continuous residence is completed?

I did have a read of this post, however, with the UK moving to evisa system I wasn't sure if it is still possible to delay biometrics appointment by a month to meet the requirement.

https://www.immigrationboards.com/indef ... l#p2110176

Any guidance would be appreciated.

[sddatta]

I also read this posted by Zimba on another post. Seeing as my application was done during COVID, would I be able to take advantage of this concession? To confirm, my application for Tier 2 was submitted on 24 July 2020.

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

[zimba]

Yes you benefit from COVID concession

[sddatta]

Thank you Zimba! So to confirm the earliest I can apply for ILR would be 26 June 2025? (24 Jul 2025 minus 28 days) or it would be worth just waiting until 24
Jul 2025 which was the date of application?

[zimba]

I already explained in the link above that the date of application is NOT much relevant

[sddatta]

Hi Zimba,

Apologies for the misunderstanding. Based on what I read, my understanding was that 5 years of qualifying period can be counted from the date of the initial SW Visa application. Please correct me if that's not the case.

[zimba]

Hi Zimba,

Apologies for the misunderstanding. Based on what I read, my understanding was that 5 years of qualifying period can be counted from the date of the initial SW Visa application. Please correct me if that's not the case.

That is to determine the earliest date of ILR eligibility, NOT the earliest date of application. Simply put, on the date of ILR decision you need to be eligible for ILR, so the date of your application submission is not that important. Do not mix things up.