Help with ILR 5-Year Qualifying Period Calculation (Tier 2 Minister of Religion)

[Dhm]

Hi everyone,

I hope you’re all well. I’m looking for some advice regarding my Indefinite Leave to Remain (ILR) eligibility under the Tier 2 Minister of Religion route. I want to confirm when my 5-year qualifying period officially starts, as I’m getting mixed responses.

Here are the details of my case:

1. Application Date: I applied for my Tier 2 visa on 14 July 2020, while I was in the UK. At the time, my previous Tier 5 visa was still valid and had been extended to 31 July 2020 due to COVID policies.


2. BRP Start Date: My Tier 2 visa was approved, and the BRP shows a start date of 6 October 2020.


3. Continuous Residence: I’ve been in the UK without any breaks and was legally covered under Section 3C leave between the visa application date and the approval date.



My Questions:

1. Does my 5-year qualifying period for ILR start from the date of my Tier 2 visa application (14 July 2020) or the date my Tier 2 visa was approved (6 October 2020)?


2. Does the time between the visa application and the BRP start date count towards my continuous residence since I was lawfully in the UK during that period?



I’m trying to determine when I’ll be eligible to apply for ILR. If anyone has been in a similar situation or has experience with this, I’d be very grateful for your advice.

Additionally, I have a few other questions related to family visas, but I’ll ask them separately to keep this thread focused.

Thank you so much for your time and help!

Best regards,

[zimba]

1. The date it was approved
2. No as you need the lawful residence to have been under the respective route

Please post all your queries in this thread !

[Dhm]

Hi Zimba,

Thank you for your response and for explaining that the ILR 5-year qualifying period starts from the visa approval date (6 October 2020). I understand the reasoning, but I’d like to ask for a bit more clarification based on my specific situation.

Here are the key details of my case:

1. My Tier 5 visa was due to expire on 15 July 2020, but the Home Office granted an extension until 31 July 2020 under the COVID concession (I have the extension letter dated 25 June 2020).


2. I submitted my Tier 2 Minister of Religion visa application on 14 July 2020, while my Tier 5 visa was still valid.


3. My Tier 2 visa was approved on 6 October 2020, and this is the start date on my BRP.


4. From 1 August 2020 to 6 October 2020, I was under Section 3C leave, which protected my lawful residence while my application was being processed.


5. During this time, I was in the UK continuously, working, paying taxes, and complying with all the Home Office rules.



My Follow-Up Questions:

1. Since Section 3C leave ensures lawful residence, why doesn’t the period between my application date (14 July 2020) and my BRP start date (6 October 2020) count toward my ILR qualifying period?


2. If Section 3C leave doesn’t count, is it because this time is not officially considered as being under the Tier 2 route, even though I was lawfully present and fulfilling all conditions?



I appreciate the clarification you’ve provided so far and want to make sure I fully understand the Home Office’s reasoning. If you’ve seen similar cases or could share additional insights, I’d be very grateful.

Thank you again for your time and help!

Best regards.

[zimba]

You seem to have misunderstood the lawful residence requirement under the rules. Section 3C automatically extends the provisions of the visa you were under, so your Tier 5 was technically extended as per section 3C until you switched to Tier 2 when your visa was approved. As I said, the lawful residence for ILR must have been spent under Tier 2. It is not just about having just 5 years of lawful residence.

Your lawful residence period considered for ILR under Tier 2 is ONLY counted from the date of visa approval because according to the rules, the time spent under Tier 5 will not count.

Paragraph MOR 14.1. of the immigration rules tells you time spent under which routes counts:

Qualifying period requirement for settlement as a T2 Minister of Religion
MOR 14.1. The applicant must have spent a continuous period of 5 years in the UK, and that period must consist of time with permission on any (or a combination) of the following routes:
(a) T2 Minister of Religion; or
(b) International Sportsperson; or
(c) Skilled Worker; or
(d) Tier 1 Migrant, other than as a Tier 1 (Graduate Entrepreneur); or
(e) Representative of an Overseas Business; or
(f) Innovator Founder; or
(g) Global Talent; or
(h) Scale-up.

https://www.gov.uk/guidance/immigration ... f-religion

[Dhm]

Hi Zimba,

Thank you for your earlier reply. I now understand that the ILR qualifying period under Tier 2 (Minister of Religion) starts from the date the visa was approved (6 October 2020) and that Section 3C leave extends the conditions of the previous visa.

However, I recently found some information in the COVID-19 concession guidance, and I wanted to ask for your opinion on whether this might apply to my case. Here are the details for your reference:

1. Tier 5 Visa:

Expiry Date: 15 July 2020.

COVID-19 Extension: The Home Office extended my Tier 5 visa until 31 July 2020 (confirmed in a letter dated 25 June 2020).



2. Tier 2 Application:

Submitted on 14 July 2020, while my Tier 5 visa was still valid.



3. Tier 2 Approval:

Approved on 6 October 2020, as shown on my BRP.





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Guidance I Found:

Qualifying period
The applicant must have spent a continuous period of 5 years in the UK, consisting of time with permission in any of, or any combination of, the following routes:

Skilled Worker
Tier 2 (General)
Global Talent
Innovator Founder / Innovator
T2 Minister of Religion / Tier 2 (Minister of Religion)
International Sportsperson / T2 Sportsperson / Tier 2 (Sportsperson)
Representative of an Overseas Business
Tier 1 (Exceptional Talent)
Tier 1 (Entrepreneur)
Tier 1 (Investor)
Tier 1 (General)
The most recent permission must have been in either the Skilled Worker or Tier 2 (General) route. An applicant does not need to have switched from Tier 2 (General) to Skilled Worker before applying for settlement as a Skilled Worker, as the definition of Skilled Worker in the Immigration Rules includes those with permission in the Tier 2 (General) route.

Due to major disruption to UKVI services during the COVID-19 pandemic, Tier 2 (General) and Skilled Worker applicants in the UK were permitted to start work for their sponsors while waiting for decisions on their applications. This time while they were waiting, but able to work, also counts towards the continuous 5-year period.

The applicant must have been in the UK with permission (including as a visitor or with Exceptional Assurance), and the application must have been:

for permission to stay
made between 24 January 2020 and 30 June 2021 (inclusive)
supported by a CoS on the date of application
granted





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My Question:

Do you think the time between my Tier 2 application date (14 July 2020) and approval date (6 October 2020) could count towards my ILR qualifying period under this concession?

Since I was lawfully in the UK, working for my sponsor under a valid CoS, and my application was made during the COVID-19 concession period, I would greatly appreciate your guidance on this matter.

Thank you so much for your time and help!

Best regards,

https://www.gov.uk/government/publicati ... accessible

[zimba]

The guidance you shared is not for your route, it is for the skilled worker route. You were neither under the Tier 2 (General) route nor the Skilled Worker route, so those provisions do not apply to you. The Tier 2 (General) route no longer exists as it was replaced by the skilled worker visa several years ago. However, the PBS Tier 2 (Minister of Religion) still exists as an immigration route under the rules.

Note the extra provisions under the rules governing the skilled worker route and contrast that with the rules governing your route (what I shared previously). The highlighted part below only appears under the rules for skilled workers which is what you saw in that guide:

SW 21.2. The 5-year continuous period must consist of time with permission on any of, or any combination of, the following routes:
(a) Skilled Worker; or
(b) Global talent; or
(c) Innovator Founder; or
(d) T2 Minister of Religion; or
(e) International Sportsperson; or
(f) Representative of an Overseas Business; or
(g) as a Tier 1 Migrant, other than as a Tier 1 (Graduate Entrepreneur) Migrant; or
(h) Scale-up; or
(i) permission on any other route, during the time the applicant was waiting for a decision on their application as a Skilled Worker, provided that application:
(i) was for permission to stay; and
(ii) was made between 24 January 2020 and 30 June 2021 (inclusive); and
(iii) was supported on the date of application by a certificate of sponsorship assigned by a licensed sponsor; and
(iv) was granted.

https://www.gov.uk/guidance/immigration ... led-worker