ILR 5-Year Clock Start: Visa Start Date vs CTA Entry into NI vs First UK Stamp?

[mahesh234]

Hi everyone,

I’m trying to understand exactly when the 5-year qualifying period for ILR begins because my entry situation was unusual. I’d really appreciate advice from anyone with similar experience.

Here’s my timeline:
I received a Skilled Worker visa starting 15 January 2021.
At that time, I was living in Dublin, Ireland.

I travelled from Dublin to Northern Ireland by train on 16 January 2021, but because Ireland and Northern Ireland are in the Common Travel Area (CTA), I did not receive any UK entry stamp. Unfortunately, I no longer have the train ticket.

I started living in Northern Ireland and began working on 25 January 2021.

A few days later, due to a family emergency, I travelled to India on 10 February 2021.
I returned to the UK on 9 April 2021, entering via London, where I received my first UK entry stamp.

My question:
For Skilled Worker ILR, does the 5-year continuous residence period start from:
The visa start date (15 Jan 2021),
My CTA entry into Northern Ireland on 16 Jan 2021 (no stamp, no ticket),
The date I started living and working in NI (25 Jan 2021), or
The date of my first UK entry stamp (April 2021)?

I want to make sure I count my ILR period correctly and provide the right evidence. Any guidance or experiences in similar CTA situations would be really helpful.

Thanks In Advance

[zimba]

The date of entry is irrelevant. ILR qualifying period starts from the date of very first visa approval

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

[mahesh234]

Thankyou so much zimba,

I have an additional query regarding my ILR application. As mentioned earlier, My Skilled Worker visa began on 15th Jan 2021 then I travelled to Northern Ireland, to collect my BRP card. This was my first entry into the UK, although I do not have bus/train tickets for this trip because travel between Ireland and Northern Ireland is within the Common Travel Area, and no immigration checks are carried out.

At that time, I was living in Dublin, Ireland, and due to COVID-19 regulations, my company required all employees to work from home. For this reason, I continued working remotely from Ireland.

Because I was concerned about entry records, I later travelled to India from Ireland, and on my return—via London Heathrow—I passed through UK immigration on 13rd April 2021, and received an entry stamp, stayed overnight in London, and then continued back to Ireland on 14th April 2021.

After working from home for some time, I moved to Northern Ireland on 5th May 2021. I did not have a tenancy agreement in my name initially, but I have bank transactions as evidence of my stay. My formal tenancy agreement started on 1 June 2021, and I have been living in the UK continuously since then.

Based on the above, I would like clarification on how to record my absences:

1. Should I list an absence from 15th January 2021 to 12 April 2021, as I was living and working from Ireland?
2. I entered the UK on 13 April 2021 for one day.
3. Should I then list another absence from 14 April 2021 to either 5 May 2021 or 31 May 2021, depending on when my move to Northern Ireland is considered valid?

Thanks in Advance

[zimba]

You are confusing yourself with this CTA thing. Any time spent outside the UK (including any time spent in the crown dependencies or the Republic of Ireland) is considered absence from the UK for immigration purposes. The fact that there are no border controls within the CTA is irrelevant

1. You can but this is not necessary. Time spent between visa issue date and first entry does not need to be entered
2. ONLY full days of absence should entered. Days of travel are not counted
3. Any period spent outside the UK should be listed, including any period spent in the Republic of Ireland.