Covid Concession ILR- Dependants Came Later - Very Confused

[lastminute007]

Dear all,

Just to give some information

I was on Tier 4 visa and started a SWV job on 15 September 2020 (Cos dates 15 September 202-14 September 2025)

Cos issue 4 September 2020
Applied to Tier 2 11 September 2020
Started Job 15 September 2020
Visa received 20 October 2020
Visa expires 28 September 2025

I had a fast visa result as had an ill wife in my home country.

My questions are can I apply to ILR now through use of Covid concession as I started to work on 15 September 2020? My dependants came in May 2021 so I assume they need to apply for 3 year dependant visa the same time as me? I am confused because 1 barrister I met told me that the concession is not applicable as I got my visa within 8 weeks the other told me that it is applicable.

Thank you!

[zimba]

COS issue date is irrelevant. The qualifying period is counted from your first visa application date as per COVID concessions in place. The 28-day concession means you will be eligible for ILR (i.e. ILR can be granted) within 28 days of completing your 5 years. The date of ILR application is also largely irrelevant as the date of ILR decision determines it all. Your dependants apply separately when eligible in 2026.

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

There is no 8 week limit and any other nonsensical rubbish like that.
I would not waste time on barristers who do not even know the official guide is clearly telling you about this. Here is the concession in place:

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

[lastminute007]

Thank you so much zimba! I am just amazed (in a bad way) how people in the area are lack of this knowledge.

So I could have apples to ILR by now it seems.

Unfortunately my dependants' visa also expires on 28 September and as they came later will not qualify for ILR with me. Therefore I assume they need to apply for 3 year dependant extension the same time as I do?

Thank you again!

[zimba]

Your dependants should apply for an extension before visa expiry

[lastminute007]

Thank you so much! I assume we can apply at the same time?

How to contribute to this website as it is very useful.

[zimba]

Your applications are separate so it does not matter if you apply at the same time or not. For legal reasons, we cannot accept any contributions

[lastminute007]

Dear zimba thank you very much.

One last questions please. If I could not have benefited from the Covid concession, could have still applied after 22 September using the 28 day rule? Although my visa ends on 28 September 2025, and my 5 year would be fulfilled on 20 October 2025. The problem is I do not have a visa after 28 September but the dates between 22 September and 28 September fall within the 28 day rule.

[zimba]

Yes because section 3C applies and the date of ILR decision is all that matters.

READ this: All you need to know about applying early, the application date, 28-day concession and more

[lastminute007]

Thank you so much. So even ı will have a a valid visa between 28 September and 20 October I can still beenfıt from the 28 day rule?

Thank you again very much zimba!

[zimba]

Yes

[lastminute007]

Thank you. I meant not to have a valid visa between 28 September and 20 October.

[zimba]

Thank you. I meant not to have a valid visa between 28 September and 20 October.

There will be no such visa gap. Read the advice under the link above and try to understand section 3C !!

[lastminute007]

Thank you so much zimba!

[lastminute007]

Dear Zimba I will be applying for Set (o) and dependants for three years extension. Date of entry UK is when I varied my visa application from Tier 4 extension (applied 27 August) to Tier 2 (11 September)? Thank you.

[zimba]

Dear Zimba I will be applying for Set (o) and dependants for three years extension. Date of entry UK is when I varied my visa application from Tier 4 extension (applied 27 August) to Tier 2 (11 September)? Thank you.

The date of entry is when you first entered the UK. The answer to that question has no relevance to calculation of qualifying period for your ILR

[lastminute007]

Thank you but I was already in the UK on as Tier 4 visa? First entry date 's 2016?

[zimba]

Thank you but I was already in the UK on as Tier 4 visa? First entry date 's 2016?

Yes. Again, that date has nothing to do with your ILR

[lastminute007]

Dear zimba thank you very much. So the date of entry should be when I received my visa 20 October 2020 or earlier as I was already in the UK since 2016? Or is it the date I varied to Tier 2 on 11 September 2020? Thank you!

[zimba]

Dear Zimba I will be applying for Set (o) and dependants for three years extension. Date of entry UK is when I varied my visa application from Tier 4 extension (applied 27 August) to Tier 2 (11 September)? Thank you.

The date of entry is when you first entered the UK. The answer to that question has no relevance to calculation of qualifying period for your ILR

[lastminute007]

Thank you very much zimba. I assume my dependants need to apply for PBS, Start-up, Innovator, and Global Talent for 3 year extension and can apply all three of my dependants in one application? I also need to give my Cos number although I am applying for ILR myself.

The dependant application also asks for the work end date. Is it the last day in the Cos or the visa expiry date please?

[zimba]

They all can be included in one application.Your CoS start date, end date, etc are not relevant to their decision-making process at all. When you get ILR, their visa can be issued as they depend on YOU. Note that the immigration health surcharge is incorrectly calculated by the online system for dependants of ILR holders. As ILR has no expiry, so you should enter an expiry date in the future so that the system asks you to pay 3 years worth of IHS. Just enter that date and the COS that you have. Those questions do NOT affect the application at all

[lastminute007]

Thank you zimba. so for the work end date should ıt be 3 years from now on? a bit confused sorry

[zimba]

Thank you zimba. so for the work end date should ıt be 3 years from now on? a bit confused sorry

Choose a work end date and visa expiry date 3 years in the future to avoid when it comes to IHS calculation

[lastminute007]

Dear Zimba

Thank you very much. So the work end date on the dependant application should be different from the Cos end date (14 September), which already passed? So does it needs to be 3 years from now?

Sorry again but is putting first entry date of 20 October 2020 ok should be 11 September 2020 when I applied to Tier 2?

Thank you

[zimba]

Dear Zimba

Thank you very much. So the work end date on the dependant application should be different from the Cos end date (14 September), which already passed? So does it needs to be 3 years from now?

Sorry again but is putting first entry date of 20 October 2020 ok should be 11 September 2020 when I applied to Tier 2?

Thank you

None of those dates matter. You are now nitpicking. As I explained, only the end date of your ILR will lead to a wrong calculation of IHS. Other dates do not matter at all. Do not waste time on what date is what, it does not matter what COS or work end date you put on a dependant application at all. I suggested putting a date 3 years in the future. Also use 20 October 2020 as your first entry. Again, this date does not matter. You really need to move on from this date issue