Continuous Residence and ILR Eligibility for 5-Year Period

[yogeshsynthesis]

I am writing to seek clarification regarding the calculation of the continuous residence period for Indefinite Leave to Remain (ILR) eligibility for myself and my dependants.

Date of Application: 05 June 2020
CoS Validity: 01 June 2020 to 01 June 2025

Applicant 1 (Main Applicant)
Visa Category: Tier 2 (General) Leave to Remain

Applicant 2 (Dependant Partner):
Visa Category: PBS Dependant Partner

Applicant 3 (Dependant Child)
Visa Category: PBS Dependant Child

All applicants were in UK at the time of application on different visas and this application was made within UK.

We received the grant notification email from the Home Office on 12 November 2020, confirming that all three applicants were granted leave to remain in the UK until 15 June 2025.

As per the Home Office guidance on calculating the specified continuous period (referenced here: https://www.gov.uk/government/publicati ... accessible), settlement applications may be submitted up to 28 days before completing five years from the date of application/decision of lawful residence.

We kindly seek clarification on the following point:

Based on our application submission date of 05 June 2020, are all three applicants eligible to apply for ILR from 10 May 2025 (i.e. 28 days before the 5-year qualifying period from the date of application)?

Your guidance on this matter would be greatly appreciated to ensure we proceed with our ILR applications in accordance with Home Office policy.

Thank you for your time and assistance.
Yogesh

[zimba]

The earliest date of ILR eligibility is within 28 days of completing your 5 years. The date of application is NOT critical

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

Also note that the COVID concessions in place for ILR only applies to the main applications and NOT their dependants
So only you become eligible in May. The only way you can all apply for ILR together is if your spouse was still your dependant before switching to the skilled worker route

[yogeshsynthesis]

Thank you very much for your response.
Based on that the Main Applicant (Applicant 1) is eligible for ILR now.
So may be Applicant 3 Child is also eligible for ILR now?
What about Applicant 2? Are they eligible to apply with the main Applicant for ILR?

Or Submitting two different applications can be helpful to avoid Visa fees
1. Main Applicant (Applicant 1) with Priority Service
2. After the approval of Applicant 1, Applicant 2 & 3 application submission using standard service for ILR as it takes time and maybe decision will be made Applicant 2 & 3 will be qualify for ILR.

or
1. as above for Applicant 1
2. Apply for visa renewal of Depandant visa

Can you please provide your suggestion, how we can avoid this extra visa fees and when can apply ILR?

Here are the details:
Date of Entry in UK (all 3 applicant): 02 April 2019

then switch the main applicant

Date of Application: 05 June 2020
CoS Validity: 01 June 2020 to 01 June 2025

Applicant 1 (Main Applicant) (Previously Depandant T2 from date of entry)
Visa Category: Tier 2 (General) Leave to Remain
Application outcome: 12 November 2020

Applicant 2 (Dependant Partner) (Previously Main T2 applicant from date of entry and changed the category)
Visa Category: PBS Dependant Partner
Application outcome: 12 November 2020

Applicant 3 (Dependant Child) (Previously Depandant T2 from date of entry but with Applicant 2 who is Depandant in this application)
Visa Category: PBS Dependant Child
Application outcome: 12 November 2020

[CR001]

So may be Applicant 3 Child is also eligible for ILR now?

No. The Child can only qualify and apply for ILR when Applicant 2 qualifies and applies.

What about Applicant 2? Are they eligible to apply with the main Applicant for ILR?

No. Applicant 2 and 3 will qualify for ILR within 28 days before 12th November 2025 only.

Or Submitting two different applications can be helpful to avoid Visa fees
1. Main Applicant (Applicant 1) with Priority Service
2. After the approval of Applicant 1, Applicant 2 & 3 application submission using standard service for ILR as it takes time and maybe decision will be made Applicant 2 & 3 will be qualify for ILR.

Your dependents don't qualify for ILR now. Only applicant 1 qualifies to use the Covid concession.

or
1. as above for Applicant 1
2. Apply for visa renewal of Depandant visa

Yes, this is the only way you can do it.

[yogeshsynthesis]

Thnaks for your advice.

Main Applicant 1 applied for the ILR application SET(O) with Priority (5 Days) on 19 May and Biometric done on 20 May (free at Newcastle).
Now I realized that I forgot to upload Consent Letter Part 1, is it something that impact my application (like rejection)? or they will contact me to upload again.
In the meantime is there anything I should do like contacting them etc?

Sorry for asking it again but based on below mentioned info, Applicant 2 & 3 eligible for ILR application?

https://www.gov.uk/government/publicati ... #bookmark8
Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
the date of application
the date of decision
any date up to 28 days after the date of application

Applicant 1 (Main Applicant) (Previously Depandant T2 from 02 Apr 2019)
Visa Category: Tier 2 (General) Leave to Remain
Date of application: 05 June 2020
Application outcome: 12 November 2020
Visa Valid: 15 June 2025
ILR Application Date: 19 May 2025
Biometric date: 20 May 2025 (Free at Newcastle)

Applicant 2 (Dependant Partner) (Previously Main T2 applicant from 02 Apr 2019 and changed the category)
Visa Category: PBS Dependant Partner
Date of application: 05 June 2020
Application outcome: 12 November 2020
Visa Valid: 15 June 2025

Applicant 3 (Dependant Child) (Previously Depandant T2 of Applicant 2 from 02 Apr 2019)
Visa Category: PBS Dependant Child
Date of application: 05 June 2020
Application outcome: 12 November 2020
Visa Valid: 15 June 2025

[CR001]

Read the piece you quote again!! It clearly says :

Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from whichever

The applications date referred to is the ILR application date and NOT the initial visa application date.

[yogeshsynthesis]

Thanks for your response now I understand its the ILR date.

Any thoughts about below please:
Now I realized that I forgot to upload Consent Letter Part 1, is it something that impact my application (like rejection)? or they will contact me to upload again.
In the meantime is there anything I should do like contacting them etc?

[yogeshsynthesis]

Application update

Applicant 1 (Main Applicant) (Previously Depandant T2 from 02 Apr 2019)
Visa Category: Tier 2 (General) Leave to Remain
Date of application: 05 June 2020
Application outcome: 12 November 2020
Visa Valid: 15 June 2025
ILR Application Date: 19 May 2025 (Priority 5 days)
Biometric date: 20 May 2025 (Free at Newcastle)
ILR Approved: 21 May 2025