Earliest ILR applicaton date

[jahmed]

Hello,

I am planning to apply for ILR on a 5-year route based on Tier-2(general) visa at the end of the year. I am trying to calculate the earliest time I am eligible to apply. For context, I had applied for my Tier-2(general) visa from with-in UK while I was on a Tier-4 (student) visa. The relevant dates are as follows:

Date of application : 23-11-2020
Biometrics taken : 18-12-2020
Visa decision email : 30-12-2020
Date of issue on BRP : 15-01-2021
Validity date on eVisa : 23-12-2020

I have a few questions that I would like to get some clarity on:

1) My eVisa validity date not match either the BRP issue or the decision email date. Is this an error that I need to rectify with UKVI?
2) What should I consider as my Tier-2 visa start date? Decision email, BRP or eVisa?
3) Immigration rule SW21.2 states that while waiting for decision for Skilled work visa, permission on any other route can also be included to calculate the 5 years. Does this apply to Tier-4 (student) visa? Does this waiting period begin from the date of biometrics submission?
4) For calculating the qualifying period (immigration rule C6.1), is the "date of application" the date I submit the online application or date of biometrics?
5) What is the earliest time I can make ILR application?

I would be grateful for any help or advice.

[zimba]

1) eVisa has no relevance here.

2,3) Tier 2 route does not exist. It is skilled worker route now. Due to a COVID concession in place, your qualifying period can include time since you first applied for a skilled worker visa (see below)

4) The date you submit online. The date of biometrics is irrelevant. Note that the date decision is more likely to be considered.
See: Applicants can benefit from the date of the ILR decision

5) You will be eligible for ILR around late October 2025, which is within 28 days of completing your 5 years counting counting from very first skilled worker application date in 2020

FYI
The 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

[jahmed]

Hi Zimba,

Thank you very much for responding. Much appreciated.

I have two follow-up questions:

1) I started working on 19th Jan 2021, after my visa was granted. And the start date on my CoS was 11th Jan. Is that relevant to application of the covid concession?

2) For the ILR,Applicants can benefit from the date of the ILR decision, the decision date is always after submitting the biometrics, correct? Apologies, if this is a stupid question.

[zimba]

1. None of those dates are relevant
2. Correct

[jahmed]

Thanks for your help and advice, Zimba!!