ILR qualification date query

[zyt111]

Like others in this forum, I should be under covid concession as I have applied for my skilled worker visa on 30 May 2020. My work start date is 13 July 2020. Based on your advice given to others, I should be able use 30 May 2020 as the start date for my continuous residence.

I would like to ask if you could elaborate why you think I could use my visa application date as the start date given the guidance that

This time while they were waiting, but able to work, also counts towards the continuous 5-year period.

One could interpret that I should only consider my work start date as I am only "able to work" after my employment officially begins. I am sure the government has records of it such as the HMRC department.

OR once I applied for the visa, would that put me in some special condition that consider me as "able to work" similarly to section 3c (though not exactly, but you get the idea)

Again, I am aware that you have responded to others that are in a similar case and some have succeeded. I just feel like I am counting on having a nicer case worker who would interpret the guidance in a favourable way that aligns with your thinking. But it could be that I might be assigned a stricter one that would interpret the guidance word by word with no room for adjustment.

[secret.simon]

Your circumstances are unclear.

Did you apply from within the UK (i.e. switch from another visa) or did you apply from outside?

If you applied from within the UK, what was the immediately preceding visa and when was it due to expire?

[zyt111]

Sorry for lack of clarity, I was just wanting to know the covid concession starting date aspect of the application.

I was on tier 4 student visa prior to this and I applied from inside the UK. I am also aware the section 3c wouldn't apply in my case because the previous visa was a tier 4 one.

[zimba]

This is about when your lawful qualifying period for ILR started which has no relevance to when you started work at all. Work start date has never been relevant at all, whether you consider this concession or not. It is all about when your lawful residence begins. This concession allows the start of your lawful residence to be when you applied for your work visa rather than when it was first approved.

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

[zyt111]

I see, thank you very much for the clarification!