Earliest application date for Skiller Work ILR Set(O)

[a66013]

Hi All,

I m planning to apply ILR soon through dependant tier 2/skilled worker route, however I m confused in calculating my earliest eligibility.

My first BRP issue date which show on the BRP card "place and Date of issue" : 18/05/2021

Visa sticker date was valid from 01/06/2021 to 30/08/2021

Physical entry was 01/06/2021

Given the latest policy changes about dependent would need to be calculated separately, I want to apply the ILR ASAP.

I m not sure which date to use to count for the earliest application If choose brp date then I can apply from 20/04/2026 considering the 28 days period (please correct of wrong).

Or should I use the visa or physical entry date-28 days to apply.

Also, my hushand is now a british citizen so not sure if I am still under the "dependent of work visa" route in the proposed policy...

Please guide.
Many thanks.

[zimba]

You should use the BRP issue date. Your date of entry is irrelevant.
Apply using form SET(O) as a skilled worker dependant

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

DO NOT apply using form SET(M) if you are a dependent of someone under a work related route

[a66013]

You should use the BRP issue date. Your date of entry is irrelevant.
Apply using form SET(O) as a skilled worker dependant

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

DO NOT apply using form SET(M) if you are a dependent of someone under a work related route

Thank you so much for your response, Zimba.
If I use the BRP issue date, then earliest she can apply is 20/04/2026 considering the 28 days period.

Given the current policy proposed changes, I might be impacted as the policy might start acting from April 2026 which the ILR period will be calculated separately from my partner, which is something really worrying.

My second question is from the section 23.1 Qualifying period of Skilled Worker visa: caseworker guidance, I am aware of some skilled worker ILR application can use the application date during the covid-19 pandemic. I applied the dependent skilled worker visa during April 2021 which within the period between 24 January 2020 and 30 June 2021 as stated in the guidance. Would this covid exception applies to my dependent visa ? Thank you.

[zimba]

I cannot comment on any potential changes that may happen in the future. Advice can only be given based on the current rules. The COVID concession only applies to the main applicants as per the rules, however many reported that when applied together, they got ILR

[a66013]

I cannot comment on any potential changes that may happen in the future. Advice can only be given based on the current rules. The COVID concession only applies to the main applicants as per the rules, however many reported that when applied together, they got ILR

Thanks Zimba. Appreciate it.
When you said many reported that when they applied together, they got ILR. Do you have the link of those who shared this case? And I wonder from their case, the main applicant and the dependent applied the skilled worker visa and dependent visa together as a whole family. Such that they could applied the ILR at the same time using the covid concession.
As my partner already became british citizen 2 years ago, so we didn't apply both the skilled worker visa and dependent at the same time, so not sure whether I can use this COVID concession.

[zimba]

Here is one case where the dependant got ILR on their own: viewtopic.php?t=354494#p2194662

[a66013]

Here is one case where the dependant got ILR on their own: viewtopic.php?t=354494#p2194662

Thank you for your information, Zimba.
But majority of their cases are the main applicant did apply the work visa during between 24 January 2020 and 30 June 2021 (inclusive) as stated in the casework guidance. However, for my case here is our details.

my partner : work visa granted : Sept 2017
ILR approved: 2022
Became British citizen : 2023


Myself as Dependant of my partner's work visa
Visa approval letter date: 21 April 2021
First BRP issue date : 18 May 2021
Visa sticker date was valid from 01/06/2021 to 30/08/2021
Physical entry was 01 June 2021

From the 28-day concession, I can apply as early as on 20 April 2026, however, given that the changes are expected from April 2026. Can I also apply it earlier given the COVID concession, i.e. apply it based on the visa approval date (21 April 2021)? Given that my partner (main applicant actually didn't apply the work visa during the COVID concession period).

My second question, I came across other topics that I can apply the ILR in March 2026 but book the biometric in April 2026 instead, which date would the home office consider as the application date? is it the submission date or the biometric date? Thank you so much.

[zimba]

The dependants do not benefit from the date of application as there is no COVID concession. That has always been the case.

The 28-day concession is NOT about when to apply.

Please read the advice given as I explained everything in detail

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

[a66013]

Hi All,

My partner have applied the tier 2 work visa back in 2017 and he has been granted ILR in 2022 and became british citizen in 2023.
I was on dependent visa in 2021 so I can apply ILR this year. I was just hoping to get some clarification on earliest application dates? As I believe we will need to rely on both the 28 day qualifying period mechanic.

Please see below key dates.

Dependant Tier 2/Skilled worker dates:

Visa application submission date: 26/03/2021
Visa approval Emails Date: 21/04/2021
BRP Issue Date: 18/05/2021
Current Visas Expiry Date: 23/02/2027

From reading many past posts I have gathered the below conclusions. It would be great to get some clarity on this for peace of mind, if that is at all possible!

Conclusions/questions to clarify:

1. The qualifying time period can be counted starting from when the Visa Approval Email was received? or should it be the BRP issue date? as I have seen some replied the approval date but some replied that the issue date. If it refer to the approval email date that would make the earliest 'date of decision' be 24/03/2026, being 21/04/2021 plus 5 years less 28 days.

2. Understand that the the COVID concession between 24 January 2020 and 30 June 2021 (inclusive) outlined in the Caseworker Guidance is relevant to the main applicant, however, there are a few posts states that the dependent may also be benefits from the concession. That would make the earliest 'date of decision' be 26/03/2026, being 26/03/2021 plus 5 years less 28 days.

Apologies for the multiple questions! If anyone is able to consider the above to confirm/clarify these three points, that would be very much appreciated!

Many thanks

[CR001]

Topics merged.

All advice was already given when the same question was asked last year.

Read the thread again.

The covid concession applies to applications that were made within the uk. This doesn't apply to your case.

[a66013]

Hi CR001,

Thanks for your response.

In my first post, I didn't provide the BRP approval email date, which I further provide here in this post.
My question is whether the qualifying time period can be counted starting from when the Visa Approval Email date was received? or should it be the BRP issue date? as I have seen some replied the approval date but some replied that the issue date. If it refer to the approval email date that would make the earliest 'date of decision' be 24/03/2026, being 21/04/2021 plus 5 years less 28 days.

[zimba]

Hi CR001,

Thanks for your response.

In my first post, I didn't provide the BRP approval email date, which I further provide here in this post.
My question is whether the qualifying time period can be counted starting from when the Visa Approval Email date was received? or should it be the BRP issue date? as I have seen some replied the approval date but some replied that the issue date. If it refer to the approval email date that would make the earliest 'date of decision' be 24/03/2026, being 21/04/2021 plus 5 years less 28 days.

You use the earliest date on an immigration document you have issued, so either a BRP or visa vignette

[a66013]

Hi CR001,

Thanks for your response.

In my first post, I didn't provide the BRP approval email date, which I further provide here in this post.
My question is whether the qualifying time period can be counted starting from when the Visa Approval Email date was received? or should it be the BRP issue date? as I have seen some replied the approval date but some replied that the issue date. If it refer to the approval email date that would make the earliest 'date of decision' be 24/03/2026, being 21/04/2021 plus 5 years less 28 days.

You use the earliest date on an immigration document you have issued, so either a BRP or visa vignette

Hi Zimba,

Thanks for your reply. I have few more questions below,

1. In another post (link: viewtopic.php?t=353886), you said that an applicant can use the visa approval email date instead of the BRP issue date. Can you advise whether I can use the email approval date, i.e. 21 April 2021 instead of the BRP issue date (18 May 2021)?

2. Given that the ILR application fee will increase from 9 April, and considering section 3C, can I submit my ILR application before 9 April and then delay my biometrics appointment until 20 April 2026 based on the BRP issue date? My understanding is that biometrics can be submitted up to 45 working days after the ILR application date. My current visa expires in 2027.

3. Regarding the COVID concession outlined in the Caseworker Guidance, does it apply only to visas that were applied for from within the UK?

Thank you so much for your help!

[zimba]

1. Again, use the date on any immigration document with the earliest date

2. Yes you can

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

[a66013]

1. Again, use the date on any immigration document with the earliest date

2. Yes you can

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

Hi Zimba,

Thank you so much for your response. I assume the immigration document you referred is the BRP issue date instead of the decision date on the email.

I am drafting the application and here are the questions which I am not so sure.

1. I am the dependent of my husband but his ILR was approved a few years back. Hence, I should be the applicant?
Please help to check if the following answer is correct:
2. Select a category in which you are applying for indefinite leave to remain. : Skilled Worker, Tier 2 or International Sportsperson dependant - is this correct?
3. Are you the partner or child of your sponsor?Partner
4. What is Mr XXX's country of nationality? My husband was born in Hong Kong but later become British citizen after 5 years Tier2/skilled work visa. What I should put in here?
4. Which visa is Mr XXX applying for or been granted? My husband first visa was Tier2 which has the VAF no, but then he later switched to Skilled worker visa for another employer which doesn't seem to have the VAF no. I am no sure which I should be putting here.
5. Sponsor license number : which Sponsor license number I should put? the first employer(Tier 2) or second (Skilled worker visa) of my husband?

[zimba]

Your ILR will be based on your spouse's last status, so enter those details. There is no need to enter a VAF number. These question shave no effect on your application anyway. UKVI relies on their systems and see all immigration history

[a66013]

Thank you Zimba, much appreciated.

I did a further research in other posts about the earliest date of ILR application. It seems like there are difference answers of using the visa approval date or BRP issue date. please can you or other moderators such as CR001 advise clearly whether I can use the Visa decision date to determine the earliest date to apply the ILR? it is almost a whole month in between these two dates and I would like to apply as early as possible if it is allowed to use the visa decision date.

Much appreciate for your help.

Dependant Tier 2/Skilled worker dates:

Visa application submission date outside the UK: 26/03/2021
Visa decision Date: 21/04/2021
BRP Issue Date: 18/05/2021
First enter UK : 2/06/2021
Current Visas Expiry Date: 23/02/2027

Option 1: Visa decision date: 21/04/2021 + 5 years - 28 days = 24/03/2026
Eligible application date: 24/03/2026

Option 2: 1st BRP issue date: 18/05/2021 + 5 years - 28 days = 20/04/2026
Eligible application date: 20/04/2026

[zimba]

If you got a visa decision, then that is the earliest date.

[a66013]

If you got a visa decision, then that is the earliest date.

Thank you for the guidance and patient. This is really helpful. Bit nervous with the visa process so I just wanted to double-check and have couple more questions, as I don’t want to take any risk with the ILR application.

In the home office letter, it say

21/04/2021

Dear XXXX,
Your application for a UK visa has been successful. This means when you arrive in the UK you will have permission to be in the UK(known as Leave to Enter) as Dependant partner rom 1 June 2021 to 8 Oct 2022

Home office letter date (Is that the date of original visa decision?): 21/04/2021 (but it explicitly states that she has permission to be in UK only from 1 June 2021)
My wife's first BRP issue date: 18 May 2021
My wife’s skilled worker dependent visa dates per UK Home office letter: 1 June 2021 to 8 Oct 2022
My wife's arrival in UK: 2 June 2021

Question -
1. When would it be the earliest she can apply for ILR? is it home office letter date, BRP issue date or the start date of the visa? please provide the exact date as it is not clear which date I should use
2. Given the potential changes and visa fee increase in early April, I tend to apply the ILR at the end of March, then book biometrics appointment between ILR decision date (depends on which date to use in question 1) and 14th May 2026(last date of biometrics appointment based on application submission date ,i.e 31st March 2026)

[zimba]

1. I'd say use the issue date on the BRP which is 18 May 2021 if you want to be safe. What the letter says is NOT the visa grant date but probably the date on the visa vignette issued originally to enable you to fly here. You then had to collect the BRP which shows an earlier date. This proves that the visa grant date was earlier.

2. You cannot have it all. You cannot avoid all the risks and also minimise the cost. You have to choose which one matters more to you

[a66013]

1. I'd say use the issue date on the BRP which is 18 May 2021 if you want to be safe. What the letter says is NOT the visa grant date but probably the date on the visa vignette issued originally to enable you to fly here. You then had to collect the BRP which shows an earlier date. This proves that the visa grant date was earlier.

2. You cannot have it all. You cannot avoid all the risks and also minimise the cost. You have to choose which one matters more to you

Thank you for your quick response, Zimba. Appreciate it! For your answer of question 2, not sure if I understand it correct. If I use the BRP issue date, the earliest ILR eligibility date is 20 April 2026 (28 days before 5 year completion). Then I apply the ILR on 31 March 2026 and book the biometric on or after 20 April 2026 which is still within the 45 days after application?
I think this could avoid the risk of both potential changes and increased fee? Please confirm with the following approach.

Just to confirm the recommended approach.

Steps:
1. Apply ILR: 31 March 2026 (to avoid the potential changes and fee increase)

2. Delay biometrics till reaching eligibility date. This is with the understanding that there will be 45 working days legally available to attend biometrics appointment, post application submission. The last date to attend biometrics appointment will be before 14 May 2026.

3. Book biometrics appointment between 20 April 2026 (28 days before 5 year completion) and 14 May 2026 (last date of biometrics appointment based on application submission date).

[zimba]

Sounds reasonable to me

[a66013]

Sounds reasonable to me

Thank you,Zimba. Appreciate your support as always.

When I fill the form, there is one question under The person you are joining or accompanying, which they ask "What is Mr XXX's country of nationality?"

The question is asking my husband nationality, he is from Hong Kong and became British citizen in 2023. Which nationality should I answer here? british citizen or Hong Kong?

Thank you.

[zimba]

It does not matter

[a66013]

It does not matter

Thank you. Another question regarding the cohabitation evidence, I read your guidance indefinite-leave-to-remain/cohabitation ... l#p1813810 that cohabitation evidence is a set of documents, showing you two sharing an address over the last two years.

Also checked the Guidance of Relationship with a partner https://assets.publishing.service.gov.u ... artner.pdf

Does it mean the evidence need to be both our name printed on the council tax, utility bills? Can it be two separate evidence which one showing myself and the other showing my husband which both of them associated with the same address? Thank you.