Earliest date to apply for ILR - Skilled Worker Visa - Outside UK

[Sp1190]

Hello All,

I hope you're doing well. I need assistance calculating my Indefinite Leave to Remain (ILR) eligibility date based on my 5-year Skilled Worker Visa application made outside UK. I

Here are the relevant dates:

1st SW Visa Application Date Outside UK: 25/04/2021

1st Visa Decision Date: 04/05/2021

Date on Vignette on Passport : 05/07/2021- 03/10/2021

Entry in UK Date: 06/07/2021

BRP Start Date: 21/06/2021 - 23/05/2024

2nd BRP Start Date: 01/05/2024 - 22/05/2026

Many Thanks

[razergd1]

If you meet the conditions as far as I understand the rules it will be 5/7/26 (28 days before).
I guess that the system will be overhauled in 4/26, so you will need to review the rules in force at the time of the application.

[Sp1190]

Dear Razergd1,

Thank you for your response.

Just to confirm—does this mean I will need to extend my Skilled Worker visa for a third time, even if only for a few months, since it expires on 22/05/2026, which is before the eligibility date you mentioned?

Also, am I allowed to use the decision letter date instead?

I would appreciate further clarification from the moderators as well.

Many thanks.

[lolo2]

You don't need to apply for another visa.

This is the relevant date:

BRP Start Date: 21/06/2021

You will be eligible for ILR on 21-06-2021 + 5 years - 28 days.

The application can be submitted before current visa expiry date and ensure the ILR decision is taken on that date or after - provided the current rules regarding time remain in place.

[Sp1190]

Thank you!
If that the case and if I calculate,
21-06-2021 + 5 years -28 days = 24/05/2026, still short of 2 full days, 2nd BRP Expiry date is 22/05/2026.
do I need to apply for extension, in that case?
Your response is highly appreciated.
Many Thanks

[lolo2]

No.

Read again.

ensure the ILR decision is taken on that date or after

You must apply before visa expiry date and then arrange biometrics etc in a way so that the ILR decision is taken on the date you calculated or later.

[Sp1190]

Thank you!

Dear Zimba and Other Moderators,
Please can you confirm on above post and replies and your guidance is highly appreciated.
Many Thanks

[razergd1]

I missed your BRP start date
@Sp1190 is correct.

Sorry for the confusion...
Please read my signature.

[zimba]

Thank you!

Dear Zimba and Other Moderators,
Please can you confirm on above post and replies and your guidance is highly appreciated.
Many Thanks

The advice is correct above

Read --> All you need to know about applying early, the application date, 28-day concession and more

[Sp1190]

Many thanks! I appreciate all your comments and responses.

Dear Zimba,

Based on the guidance you provided:

I can use the date on my first BRP to calculate the 5-year ILR eligibility period. This would be 5 years from that date, minus 28 days before I can apply.

1st BRP date: 21/06/2021
+ 5 years
– 28 days

Eligible application date: 24/05/2026

My current BRP expires on 22/05/2026.

If I submit my application before 22/05/2026—for example, on 20/05/2026—and then delay my biometric appointment by around 30–35 days, the biometric date would be approximately 24/06/2026. Using priority service (5-day processing), my ILR decision would likely fall around 29/06/2026, which is after 21/06/2026.

Please let me know if my calculation is correct. I truly appreciate your help and guidance. Many thanks!

[zimba]

Yes that is a perfectly fine approach

[Sp1190]

Thank you Zimba! Really appreciate your guidance!

Few people in other groups mentioned that I can use my 1st Visa decision date -28 days.

Which is 04/05/2021 - 28 days = 07/04/2026.

Not sure how people tend to apply logic in above case, even when the 1st SWV application was made outside UK.

Many Thanks

[zimba]

Because the qualifying period starts from very first visa approval date

[Sp1190]

Dear Zimba,

Thank you for your kind response.

The date on my approval letter for my first Skilled Worker visa application made outside the UK is 04/05/2021.

Based on this, can I use 04/05/2021 as the start date for my qualifying period?

Using that date, my ILR application date would be calculated as:
04/05/2021 + 5 years – 28 days = 07/04/2026.

I can include the period between 04/05/2021 and 06/07/2021 (my first entry to the UK) as an absence, which is within the permitted 90 days, and ensure that my total absences do not exceed 180 days for each qualifying year.

Your guidance is greatly appreciated.

Many thanks.

[zimba]

What permitted 90 days ??? Only the 180-day absence limit applies

[Sp1190]

Permitted 90 Days meaning I have entered within 90 days, I can add those days as absence for that year, like between 04/05/2021(Visa Decision Date) and 06/07/2021(1st entry to UK ??

Many Thanks Zimba

[zimba]

Permitted 90 Days meaning I have entered within 90 days, I can add those days as absence for that year, like between 04/05/2021(Visa Decision Date) and 06/07/2021(1st entry to UK ??

Many Thanks Zimba

There is no such a thing as 'permitted 90 days limit'. This was removed several years ago

[Sp1190]

Thank you Zimba, appreciate your response and know new information.

The date on my approval letter for my first Skilled Worker visa application made outside the UK is 04/05/2021.

Based on this, can I use 04/05/2021 as the start date for my qualifying period?

Using that date, my ILR application date would be calculated as:
04/05/2021 + 5 years – 28 days = 07/04/2026.

I can include the period between 04/05/2021 and 06/07/2021 (my first entry to the UK) as an absence, and ensure that my total absences do not exceed 180 days for each qualifying year.

Please can I use 04/05/2021 as the start date for my qualifying period? The date on my approval letter for my first Skilled Worker visa application made outside the UK is 04/05/2021.

Thanks Zimba!

[zimba]

Yes you can. This does not have to be repeated several times

[Sp1190]

Thank you Zimba, Apologies, I haven't got answer to that query previously, so have to repeat to get the response from you.

Really appreciate all you help!

Kudos to you Zimba and all other Moderators!