Counting 28 days from 9 Jan

[Lawgic]

Hi all,

Can someone confirm whether I get the sequence right (with possible variations in days, obviously) how the ILR application proceeds, please.

Day 1
1) fill out an application on gov.uk website
2) pay the fee (£3029, right?). And NO MORE IHS (the medical surcharge, right?). If going for Priority + £500 and Super Priority + £1000
3) upload supporting documents
4) submit biometrics (again? Even though twice done during FLR?) via UKVCAS app or in person, right?
5) if not available via App, then go in person to provide fingerprints? so

Day 2-whenever
Biometrics appointment

And then wait? that's it? am I missing something?

Thank you and no rush with answering at all wife still needs to do the Life in the UK test before her application is due in December.

[Lawgic]

Is it still the case that even a 5-year old certificate is valid for ILR applications, since it was used to gain initial access to the country and extend stay via FLR applications? Thank you

[zimba]

Please refrain from tagging your question on other posts

The sequence you described is correct. It is a new application and all the steps including biometrics have to be done again. You do not need to pay the IHS. Note that some applicants only under very specific routes will be able to upload their documents via the UK Immigration ID Check app, instead of going for an appointment. This will be possible if UK Visas and Immigration (UKVI) is able to re-use your previously submitted Biometrics data.

See: Online applications, Biometric appointments and eVisa queries - Read before you post

The old English certificate can be used if certain conditions are met. The guide says:

The English language test must have been taken no more than 2 years before the
date of application. However, tests that have been taken more than 2 years ago and
have since expired can still be accepted where both of the following apply. The
qualification:

• is from one of the providers on the current SELT list
• has previously been accepted by us as part of another immigration application, such as for entry clearance

A qualification that is not from one of the providers on the current SELT list, is not
acceptable even if previously accepted by us as part of another application

https://assets.publishing.service.gov.u ... +in+UK.pdf

[Lawgic]

Oh, I didn't know I tagged my post in another post. I wouldn't even know how to do it, to be honest. Thank you for the reply!

My wife's certificate dated October 2019 says IELTS on it and quotes her UKVI number as she was applying for a work visa at the time. The list of approved SELT, on the other hand, now says IELTS SELT CONSORTIUM/IELTS LIFE SKILLS or IELTS for UKVI.

She initially obtained a work visa based on this language test among others, and then transitioned to spouse visa after me'd met.

This certificate was used to both FLR applications previously (latest one end of 2022).

It would be a great set up if the Home Office somehow pick on this discrepancy because IELTS added some words to its test now. Any thoughts on that?

[zimba]

If the test centre is still listed, then it can be used

[Lawgic]

Thanks Zimba

I think it may be a reason for some dispute because they removed the test centre (which is in Russia) from their list altogether. There now is an excel file with the list of approved test centres and Russia is missing https://www.gov.uk/guidance/prove-your- ... -providers

Obviously, if the reason is to check English level then if the IELTS certificate was good enough for a work visa and two FLR(M) applications, person then worked for 5 years and also obtained a diploma (and an LLM on the way), then it should be good enough for ILR application as well.

There currently is no definite answer, I can expect anything from UKBA but we'll fight them on this one if they start making a scene. Surely, 3k+ fee requires some common sense to be used.

[Lawgic]

Hi all,

Wife due to apply on SET-M for ILR in December 2025. She is self-employed. Just wanted to confirm I understand this correctly:

1) Unaudited accounts for 6 April 2024-5 April 2025
2) Tax return and SA300/302 for the same year
3) since there are 8 months from April 2025 to December 2025, she'd submit 3 months' of bank statements to prove she is still self-employed.

Is this a correct understanding? Thank you

[zimba]

Yes.

[Lawgic]

Yes.

Thank you! God bless

[Lawgic]

Hi all

Where in the immigration rules does it say that someone is allowed to apply for ILR 28 days early? Also, if using Priority one may obtain ILR before actually completing 5 years of limited leave to remain. How is that possible? If so, where in the rules/law does it say that it's allowed (or people on this forum have been successful with 20-25 days shy of full 5 years?). Thank you.

[CR001]

The 28 days before is a ukvi concession they allow applicants. It has been in place for many many years. It is not an immigration rules

For your route, you dont have 5 day priority option available. You only have standard route or super priority.

Also, can you please keep your questions in one topic!!

[zimba]

Hi all

Where in the immigration rules does it say that someone is allowed to apply for ILR 28 days early? Also, if using Priority one may obtain ILR before actually completing 5 years of limited leave to remain. How is that possible? If so, where in the rules/law does it say that it's allowed (or people on this forum have been successful with 20-25 days shy of full 5 years?). Thank you.

You can learn more here: All you need to know about applying early, the application date, 28-day concession and more

[Lawgic]

Hi all

So, once the application has been submitted and biometrics provided:

1) what happens next of noone calls you in for additional questions? You just get the approval electronically and no need to be in the country or physically receive the ILR?

2) Will they send your original passports/other documents by post before the decision or together with, or after the decision? Or you don’t even provide originals as the biometrics appointment is exactly so to make copies of your originals?

We are thinking of leaving London during the application review to save money, London is expensive Xmas time. Thank you.

[CR001]

1) what happens next of noone calls you in for additional questions? You just get the approval electronically and no need to be in the country or physically receive the ILR?

A decision is received electronically. You cannot travelmoutside rhevuk while an ILR application is pending. If you do, it will be considered sidered withdrawn and you lose your fees.

2) Will they send your original passports/other documents by post before the decision or together with, or after the decision? Or you don’t even provide originals as the biometrics appointment is exactly so to make copies of your originals?

Originals documents are not submitted!!

We are thinking of leaving London during the application review to save money, London is expensive Xmas time.

You can't, not until the decision is received etc. See point 1 response.

[Lawgic]

Thanks. We have an option of going to Scotland, not planning to leave the UK. So if decision is provided electronically that means we can submit application, provide biometrics and shift north, right?

[CR001]

You are free to travel within the UK!

[Lawgic]

Also, can anyone say with certainty when the earliest date to apply is, please, if the BRP expires on 9 Jan 2026?

Is it 100% 12 December? Or should we not risk and apply kn 15 Dec?
Do we count back, excluding 9 Jan?

[zimba]

Also, can anyone say with certainty when the earliest date to apply is, please, if the BRP expires on 9 Jan 2026?

Is it 100% 12 December? Or should we not risk and apply kn 15 Dec?
Do we count back, excluding 9 Jan?

Did you read any of the advice given above ??

[Lawgic]

Did you read any of the advice given above ??

Thanks Zimba. Of course I did but I struggle to understand the info which I find confusing. Most beneficial calculation of time whether 28 days after application or date of decision (not 28 days from the decision).

So we will have to rely on the 28 days rule and I am trying to calculate the 28 days from 9 Jan 2026 backwards. Of you could clarify that would be most helpful. Thank you again

[Lawgic]

Just to clarify, we’d go for the priority service so hoping to get the decision before 9 Jan, in which case we would rely on the 28 day rule and so need to calculate those 28 days

Did you read any of the advice given above ??

Thanks Zimba. Of course I did but I struggle to understand the info which I find confusing. Most beneficial calculation of time whether 28 days after application or date of decision (not 28 days from the decision).

So we will have to rely on the 28 days rule and I am trying to calculate the 28 days from 9 Jan 2026 backwards. Of you could clarify that would be most helpful. Thank you again

[Lawgic]

In particular, the following is confusing

“Zimba: The date of the ILR decision is therefore the most important date and this date almost always will be AFTER the date of application and the biometrics.”

Q: How can the decision ever be made BEFORE the application?

“Zimba: So, how can you calculate your earliest date of ILR eligibility ??

1. You will assume a date of ILR decision (this can be the date of your biometrics if applying for priority service)
2. You then subtract (Your ILR qualifying period - 28 days) from that date, so counting backwards.”

Q: but you only subtract 28 days from the application, NOT the decision according to 3C.

My question was simple: how do you calculate those 28 days from 9 Jan 2026. What is the earliest? 12 Dec? Thanks

Also, can anyone say with certainty when the earliest date to apply is, please, if the BRP expires on 9 Jan 2026?

Is it 100% 12 December? Or should we not risk and apply kn 15 Dec?
Do we count back, excluding 9 Jan?

Did you read any of the advice given above ??

[zimba]

I cannot figure out what you are saying. It makes no sense. Write down all your assumptions point by point and then I try to see if they are correct or not.

[Lawgic]

Thank you and here it comes:

1) the applicant will have completed 5 years on 9 January 2026 (being first given spousal leave on 8 Jan 2021).

2) applicant now wants to apply for ILR and simply wants to understand the earliest date she can do so:

a) subtracting 28 days from 9 Jan 2026 seems (seems to be!) 12 December 2025, so she could apply on 12th Dec

b) if she applies using priority service, then a decision would be made before 9 Jan 2026 and so before 5 years’ continuous residence

c) hence the question: is 12 December the earliest she could apply? Is the 28-day calculation correct? Maybe it’s 11 or 13 December?

d) application is submitted when fee is paid online and not biometrics enrolled, I presume. So we need to go by the date of online application relating to the 28-day concession.

Simple question: when can the applicant apply, considering that her 5-year continuous residence under spousal route expires on 9 Jan 2026.

Hope, I didn’t confuse you even more here

I cannot figure out what you are saying. It makes no sense. Write down all your assumptions point by point and then I try to see if they are correct or not.

[zimba]

The 28-day concession is NOT about when you apply. I repeat again, it is NOT about when you apply. It determines the earliest date you can be given ILR. Simply speaking, you can get ILR WITHOUT completing the 5 years. This should be very simple to understand. I made this abundantly clear and as you can see below I clearly said this under that link but I am not sure why this is still not being understood:

What is the 28-day concession ?
The 28-day concession means you will be eligible for ILR (i.e. ILR can be granted) within 28 days of completing your qualifying period.
In a nutshell, this means you can get ILR without fully completing your full qualifying period.
This is a procedural concession offered by UKVI that applies to all ILR applications. It is not part of the immigration rules.

You seem to think that you need full 5 years for ILR. You do not need 5 years That is the whole point of 28-day concession

The earliest to be granted ILR in this case is 12 December. So the advice is that if you apply for a super priority decision then the caseworker will DECIDE your ILR on the same day, hence the date of ILR decision and the date of your biometrics will end up being the same. That is why you often hear to ensure to book the biometrics on or after this cutoff date if you intend to use priority services.

So when to apply then is NOT really important. What matters is the date of ILR decision (i.e. when the caseworker will make a decision on your application). That date should be on or after 12 December

[Lawgic]

Thank you very very much. I now see where the misunderstanding stems from. What you are saying is that if she applies on 1 December but the decision is made on 12 December - that is ok.

But! The official ukba website says that the earliest you can apply is 28 days before you are eligible.

And if she is eligible on 9 Jan 2026, she cannot apply earlier than 12 December anyway.

https://www.gov.uk/apply-indefinite-lea ... life/apply

The 28-day concession is NOT about when you apply. I repeat again, it is NOT about when you apply. It determines the earliest date you can be given ILR. Simply speaking, you can get ILR WITHOUT completing the 5 years. This should be very simple to understand. I made this abundantly clear and as you can see below I clearly said this under that link but I am not sure why this is still not being understood:

What is the 28-day concession ?
The 28-day concession means you will be eligible for ILR (i.e. ILR can be granted) within 28 days of completing your qualifying period.
In a nutshell, this means you can get ILR without fully completing your full qualifying period.
This is a procedural concession offered by UKVI that applies to all ILR applications. It is not part of the immigration rules.

You seem to think that you need full 5 years for ILR. You do not need 5 years That is the whole point of 28-day concession

The earliest to be granted ILR in this case is 12 December. So the advice is that if you apply for a super priority decision then the caseworker will DECIDE your ILR on the same day, hence the date of ILR decision and the date of your biometrics will end up being the same. That is why you often hear to ensure to book the biometrics on or after this cutoff date if you intend to use priority services.

So when to apply then is NOT really important. What matters is the date of ILR decision (i.e. when the caseworker will make a decision on your application). That date should be on or after 12 December