ILR continuous residence calculation and 5-to-10-year policy risk

[JANESMITH023]

Hi all,

I’m seeking some guidance regarding the start of continuous residence for ILR eligibility under the COVID-era Skilled Worker concession, and how the proposed 10-year settlement rule might impact my case.

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My background:
• I arrived in the UK in 2019 on a Tier 4 student visa.
• I submitted my Skilled Worker visa application online on 3 December 2020, from inside the UK (permission to stay). I have the IHS and application fee confirmation for this date.
• On 4 December 2020, I booked and paid for a UKVCAS biometric appointment, which took place on 31 December 2020.
• My Certificate of Sponsorship (CoS) stated a start date of 7 December 2020, which is also the day I began working for my sponsor.
• I have remained on the Skilled Worker route since then, renewed it once, and my current visa is valid until early 2027.

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Relevant COVID-era concession (April 2025 caseworker guidance):

Applicants who submitted a “permission to stay” application between 24 January 2020 and 30 June 2021, and had a valid CoS at the time, are allowed to count the time from the application date toward the 5-year continuous residence, even while waiting for a decision.

(Source: Skilled Worker caseworker guidance, April 2025)

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My questions:

Do I qualify under this concession?
I believe I do, as:
• I applied on 3 December 2020 (within the date window),
• It was a “permission to stay” application from inside the UK,
• I had a CoS in place,
• The application was later granted.

Just hoping to double-check this with others who may have gone through something similar.

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What is the exact date that should count as the start of my continuous residence under this rule?
Given my timeline:
• Application submitted: 3 December 2020
• UKVCAS appointment booked: 4 December 2020, attended: 31 December 2020
• CoS start date and first working day: 7 December 2020

Should my continuous residence start from 3 Dec, 4 Dec, 7 Dec, or 31 Dec 2020?
I’ve seen varying interpretations, so any clarity would be really appreciated.

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Assuming the 5-year ILR rule remains unchanged, when is the earliest I can apply for settlement?
If my continuous residence starts on 3 December 2020, the 5-year mark would be 3 December 2025, and I should be able to apply from 5 November 2025 (28 days before). Is this calculation correct?

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Given my circumstances, how likely is it that the proposed 10-year settlement rule could impact me, if I apply promptly once I qualify under the 5-year rule?
I understand the new rule may require primary legislation and likely won’t come into force until sometime in 2026, but I’d really appreciate any insight on how this might play out—especially from those who’ve seen similar situations in the past (e.g., the HSMP case).

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Thanks so much in advance to anyone who can share their knowledge or experience!

Kind regards,
James

[zimba]

1. UKVI 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

2. The starting point of your qualifying period will be the date of your initial application, which is 3 December 2020. The COS start date or work start dates are irrelevant.

3. The date of ILR application is NOT that criterial. You need to find the earliest date of your ILR eligibility, which is 3 December 2020 + 5 years - 28 days. That is the earliest date you can be granted ILR. The date of your ILR application becomes irrelevant, as long as your date of ILR decision is on or after this date. This is because your qualifying period is counted backwards from the date of your ILR decision.

Read: Applicants can benefit from the date of the ILR decision

4. We cannot tell you what to expect. No new rules have been announced, and everything you heard for now is just a proposal.

[JANESMITH023]

Hi Zimba again, thank you for the clarification earlier – it’s really helpful.

I now have a follow-up question regarding the timing of the ILR decision, especially in relation to priority/super priority services.

You mentioned that:

“The qualifying period is counted backwards from the date of your ILR decision, not the application submission date.”

And I understand that I can submit my ILR application up to 28 days before completing the 5-year continuous period.

So hypothetically, if I apply exactly 28 days early, but use priority (5-day) or super priority (next-working-day) service, and the decision is issued too quickly—for example 5–10 days before I technically reach 5 years, would that invalidate my eligibility?

Thanks again for your assistance and valuable insights!

[zimba]

Please go through the link I shared above and read that advice properly.

I very explicitly told you that the date of the ILR eligibility is the date you can be GRANTED ILR. So technically you do NOT need 5 years to be granted ILR. Please read the advice above very carefully