ILR Qualifying period based on application date during Covid

[aa2016]

Hi, I currently hold a PBS visa and will be eligible for ILR this July. However, my dependents do not meet the ILR eligibility criteria, so I am planning to extend their PBS Dependent visas. As per my latest COS, the maintenance of dependents is marked as 'Yes.' Is there a financial requirement for ILR or for their PBS visa extension, such as maintaining a minimum bank balance for three months before applying? I would greatly appreciate any guidance to help me prepare in advance.

[zimba]

There is no maintenance or financial requirement for their ILR

[aa2016]

Thank you so much for the info

[aa2016]

Hi All, Sorry for the long post. I switched from ICT dependent to Tier 2(now PBS) during Covid time in the year 2020. HO rules allowed me to do an In-country switch even for Tier 2(usually not allowed). These are my dates

Tier 2 Application Date (from ICT dependent - In-country switch) - 16 Jul 2020
Tier 2 COS start date - 1 Aug 2020
Tier 2 Decision Date - 15 Aug 2020
Tier 2 BRP issue date - 18 Aug 2020

I thought I would be eligible for ILR only around 24 Jul 2025 which is 28 days before 5 years completion based on the decision date 15 Aug 2020. I saw a few posts in this forum and came to know there is a COVID concession below

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

Below are my Queries :

1. My major concern is actual COS start date is only 1 Aug 2020 which is after my application date of 16 Jul 2020. The 3rd point "supported by a cos on the date of application" means am l not eligible since I don't have the cos date started during my application submission and hence this concession is not applicable?

2. Shall I count towards based on the COS start date 1 Aug 2020 for the qualifying period and apply around 28 days before 5 years which is 3 July 2025 ?

3. Am I still eligible for this concession and can apply 28 days before the 5 year period based on application date 16 Jul 2020 which is around 17 Jun 2025 ?

[lolo2]

The work start date on a CoS is irrelevant for ILR!

You're making a wrong interpretation of what the guidance says. That's just referring that the application must have included a (valid) CoS.

Benefiting from the Covid concession, you're eligible for ILR under the Skilled Worker route on 16-07-2020 + 5 years - 28 days, provided the other requirements are met.

[aa2016]

Thanks a lot for your response.

I understand this concession does not apply to my Dependents. But my scenario is they joined me only after 1 year so they have only 4 years of qualifying period as PBS dependents. So I am planning to extend their PBS dependent visa for another 3 years. They will have around 2 months remaining for their current visa expiry while I am applying.

Am I eligible to apply for their PBS extension along with my early ILR application or should I need to wait for my ILR result and then apply PBS extension for 3 years?

[zimba]

Thanks a lot for your response.

I understand this concession does not apply to my Dependents. But my scenario is they joined me only after 1 year so they have only 4 years of qualifying period as PBS dependents. So I am planning to extend their PBS dependent visa for another 3 years. They will have around 2 months remaining for their current visa expiry while I am applying.

Am I eligible to apply for their PBS extension along with my early ILR application or should I need to wait for my ILR result and then apply PBS extension for 3 years?

They should apply for an extension close to the date of their visa expiry. Their application will be held until you have ILR

[aa2016]

Thanks a lot for your response

[aa2016]

Just one more query on this. I have completed the biometrics only after few days after the Application Submission date since I didn't use the IDV App during 2020. So, my eligibility with the COVID concession starts from the Application Submission date or the Biometrics given date?

[zimba]

Just one more query on this. I have completed the biometrics only after few days after the Application Submission date since I didn't use the IDV App during 2020. So, my eligibility with the COVID concession starts from the Application Submission date or the Biometrics given date?

Application date is the date you submitted it online. The date of Biometrics is irrelevant

[aa2016]

Thanks again for your clarification. Much Appreciated