Earliest ILR eligibility date rule clarity

[sdkr]

Hi Team,
Can the earliest eligible date to apply for ILR be (Initial Tier 2 application submission date - 28 days) based on below CR 6.1 or is that incorrect understanding?


https://www.gov.uk/guidance/immigration ... OMTO-U24Wg

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
(d) for a person applying for settlement on the UK Ancestry route, the date of their last grant of permission.

[CR001]

It clearly says "counting back", ie meaning the date you apply for ilr and NOT from date you applied for your initial visa!

[sdkr]

Thanks so much CR001. But I see in other forums many ppl have secured successful ILR decisions when gone by initial tier 2 application submission date. Pls see below for example. Kindly advise.

Social media weblknk removed!°

[CR001]

Please continue in this topic where you were already given advice.

The piece you quote clearly states counting backwards.

Any other concessions that might apply are separate and relevant only to some visa categories.

Please do not post Facebook links!

[zimba]

Thanks so much CR001. But I see in other forums many ppl have secured successful ILR decisions when gone by initial tier 2 application submission date. Pls see below for example. Kindly advise.

Social media weblknk removed!°

The 'date of application' you highlighted above refers to the date of ILR application !!!!!
The qualifying period simply starts from the date of your initial Tier 2 application as you benefit from COVID concession BUT the counting is done backwards towards the starting point.

[sdkr]

Thanks zimba. So if the covid concession didn't apply to me then i wouldn't be eligible to apply based on initial tier2 application date - 28 days? Rather should have gone with decision date - 28days? is that the correct understanding?

[zimba]

Thanks zimba. So if the covid concession didn't apply to me then i wouldn't be eligible to apply based on initial tier2 application date - 28 days? Rather should have gone with decision date - 28days? is that the correct understanding?

No. The caseworker starts with the date of ILR decision and counts (5 years - 28 days) backwards, which will give him/her the earliest date that your qualifying period could have started. Normally this initial date must be on or after the date of your first initial visa issue date (without considering COVID concession) BUT in your case, this date can be the date of your first initial visa application (as you benefit from COVID concession)

In a nutshell, you start from the date of ILR decision (A) and count backwards towards the starting date (B) of your qualifying period. That gap between (A) and (B) must be at least (5 years - 28 days). So in effect, COVID concession simply pushes back starting date (B), allowing you to qualify sooner

[sdkr]

ok thanks Zimba. Could you pls confirm on below.


My dependents timeline :
=====================
initial tier 2 general application submission date = 15-July-2020
initial tier 2 general grant date = 27-oct-2020
Planning to apply for my dependents as super priority SET O ILR application on 17-June-2025 (28 days minus 15-July-2020 ). Will this be successful?

[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

It seems you pay very little attention to any advice given to you on this thread. I already told you in Feb that this concession does NOT apply to the dependants

[sdkr]

Thanks Zimba. I did pay attention to it. But just trying to clear any ambiguity.
There is a FB immigration grp which also clearly states calculating ILR eligibility based on your initial tier2 application date is not a covid concession but is applicable to both primary and dependent applicants and there have been successful applicants.

Not undermining your inputs, you have been extremely helpful and knowledgable which even our qualified solicitors did not give. just sharing another perspective here so you can explore / conclude finally so it helps the group as well.

[zimba]

That is not supported by the immigration rules. The advice given above is not based on some provision called 'COVID concession' but it is rather based on the paragraph SW 21.2(i) of the immigration rules which allows SKW main applicants to include such period in their 5 years:

SW 21.2. The 5-year continuous period must consist of time with permission on any of, or any combination of, the following routes:
(a) Skilled Worker; or
(b) Global talent; or
(c) Innovator Founder; or
(d) T2 Minister of Religion; or
(e) International Sportsperson; or
(f) Representative of an Overseas Business; or
(g) as a Tier 1 Migrant, other than as a Tier 1 (Graduate Entrepreneur) Migrant; or
(h) Scale-up; or
(i) permission on any other route, during the time the applicant was waiting for a decision on their application as a Skilled Worker, provided that application:
(i) was for permission to stay; and
(ii) was made between 24 January 2020 and 30 June 2021 (inclusive); and
(iii) was supported on the date of application by a certificate of sponsorship assigned by a licensed sponsor; and
(iv) was granted.

The 5 year requirement for the dependants is instead covered under the paragraph SW 42.1 of the rules and only requires them to have been the dependant partner for 5 years. This actually has the benefit of allowing the dependants to count any time spent as dependants (even under family visa) towards the 5 years BUT unlike the main applicants, there is no mention of them being able to include any of the time 'waiting for a decision'.

Qualifying period requirement for settlement as a dependent partner of a Skilled Worker
SW 42.1. The applicant must have spent a continuous period of 5 years in the UK with permission as a dependent partner of the person (P) in SW 39.1.

What some random person says without being able to back it up by referencing the rules and official guides should be ignored.

The immigration rules: https://www.gov.uk/guidance/immigration ... led-worker