When are we eligible to apply for ILR?

[aejaz001]

Good morning,

I was trying to find a topic related to this but could not find it.

I am working in the UK on Tier 2 General Migrant visa since 2014 along with my wife and three children. I will be applying for ILR next year 2019 along with my family. I have a question regarding when we are eligible to apply for ILR in 2019. Please find below the details:

1. Visa issued 22nd June 2014, valid till 01st August 2019 for myself and family
2. COS was assigned on 03rd June 2014
3. As per COS my work start date is 01st July 2014, end date is 01st July 2019
4. My first entry in UK on the above visa was 11th July 2014
5. My first day at work as per the contract is 14th July 2014
6. My family first entry date in UK on the above visa was 25th July 2014

After going through some posts, I understand that it is possible to apply for ILR one month before completing the 5 year term, I am not sure if this is correct.

My question is:

1. Are we ok to apply for ILR in June 2019? For example 15th June?
2. As per the COS, the work start date is 1st July 2014 and end date is 01st July 2019. If we are not eligible to apply in June 2019 then do I have to request my current employer to re-issue COS?

Any guidance will be highly appreciated.

Thank you,

Kind regards.
Ahmed

[cyclina1]

Good morning,

I was trying to find a topic related to this but could not find it.

I am working in the UK on Tier 2 General Migrant visa since 2014 along with my wife and three children. I will be applying for ILR next year 2019 along with my family. I have a question regarding when we are eligible to apply for ILR in 2019. Please find below the details:

1. Visa issued 22nd June 2014, valid till 01st August 2019 for myself and family
2. COS was assigned on 03rd June 2014
3. As per COS my work start date is 01st July 2014, end date is 01st July 2019
4. My first entry in UK on the above visa was 11th July 2014
5. My first day at work as per the contract is 14th July 2014
6. My family first entry date in UK on the above visa was 25th July 2014

After going through some posts, I understand that it is possible to apply for ILR one month before completing the 5 year term, I am not sure if this is correct.

My question is:

1. Are we ok to apply for ILR in June 2019? For example 15th June?

Yes you can.. you can apply even earlier, from the 28days before 5 years since visa issue day.

2. As per the COS, the work start date is 1st July 2014 and end date is 01st July 2019. If we are not eligible to apply in June 2019 then do I have to request my current employer to re-issue COS?

My friend has similar situation like you, he eligible for ILR before visa expired. but he asked his employer to prepare a COS just in case his ILR is rejected, so at least he doesn't need to leave the UK. Touch wood he was fine.

Any guidance will be highly appreciated.

Thank you,

Kind regards.
Ahmed

[aejaz001]

Thank you Cyclina1 for your valuable input. I will really appreciate if other members can confirm this as well.

Kind regards,
Ahmed

[marcnath]

1. You can apply after 25th May (28 days before 22/6)
2. It is unlikely that your ILR will be decided before the end date in your CoS. I am not sure about the impact of that, but I assume some extension will need to be done

[aejaz001]

Hi Marcnath,

Thank you for your input. Do you think I should apply after 1st July 2019 after the end date on the COS as my visa will still be valid till August 2019?

Kind regards,
Ahmed

[CR001]

Your CoS date is irrelevant. Your visa expiry date is. You need to apply before your visa expires.

[aejaz001]

Thank you CR001.

As I understand now and counting the 28 days, I can only apply after 2nd July 2019 as my visa is valid till 1st August 2019? Also I do not need to ask my sponsor to renew the CoS once it expires on 1st July 2019?

Kind regards,
Ahmed

[CR001]

You can apply any time WITHIN 28 days BEFORE 22nd June 2019. It is visa start date not visa expiry date.

No, your sponsor DOES NOT have to apply for a new CoS for your ILR. A CoS is ONLY required for a Tier 2 extension application.

[aejaz001]

Thank you CR001 for your guidance, really appreciate it.

Kind regards,
Ahmed