Request for Clarification on ILR Eligibility for Dependents Affected by COVID-19 Delays.

[skilledworker2025]

Hello Everyone,

I hope this message finds you all well.

I am seeking guidance before proceeding with my wife and son’s applications for Indefinite Leave to Remain (ILR). I would greatly appreciate your clarification regarding their eligibility in light of circumstances related to the COVID-19 pandemic.

I currently hold ILR status; however, my dependents remain on Skilled Worker Dependant visas, which are valid until 10 July 2025. Their delayed entry to the UK in 2020 due to international travel restrictions caused by COVID-19 meant they were unable to join me as originally planned. Below are the relevant dates and background details:

Key Dates:
1. Initial Vignette Valid From: 30 March 2020
2. BRP Issue Date: 16 March 2020
3. Second Vignette Valid From: 21 July 2020
4. Actual Entry to the UK: 17 August 2020

Due to the suspension of international flights beginning 22 March 2020, my wife and son were unable to travel to the UK. They continuously followed up with the visa application center and were eventually issued a second vignette once services resumed. Upon receiving their passports, I booked their flights immediately, and they entered the UK on 17 August 2020.

Their BRPs show a start date of 16 March 2020, even though their physical entry was delayed by 154 days due to the pandemic — a situation beyond our control.

My questions are as follows:
1. Were they eligible to apply for ILR as early as February 2025, based on the BRP issuance date or initial vignette stamp date?
2. Or must they wait until July 2025, in line with their first entry date?
3. What is considered the official start of their qualifying 5-year period —
 - the first vignette date (30 March 2020),
 - the BRP issue date (16 March 2020),
 - the second vignette (21 July 2020),
 - or their actual entry date (17 August 2020)?

When I applied for ILR, I recall being asked when I physically entered the UK. If the qualifying period must be counted from 17 August 2020, then unfortunately their current visa will expire just 8–9 days before they become eligible for ILR — which would mean significant costs to extend for such a short gap.

Additional Context and Request:

Given the unique challenges presented by COVID-19, would it be reasonable to apply for ILR now, citing exceptional circumstances, supported by a cover letter? We did everything possible to comply with immigration procedures and acted promptly once restrictions were lifted. The Home Office issued a new vignette but not a new BRP — which raises further questions about how the qualifying period is determined in such cases.

I understand there may be others in similar situations and have been checking official channels for any concession or policy update that may apply to those whose ILR eligibility was affected by pandemic-related travel delays. It would be disheartening to incur thousands in additional visa and IHS fees for only a few days' difference in eligibility.

I apologise for the length of this message, but I wanted to provide a complete and clear account of the situation. I would be truly grateful for your guidance on how best to proceed.

Thank you in advance for your time and advice.


Warm regards,

[zimba]

This is a very straightforward case. The earliest date of ILR eligibility for them was (16 March 2020 + 5 years - 28 days). They have been eligible for ILR since February. The date of entry is irrelevant and they are within the 180 days max absence limit. Apply for them now using form SET(O).

[skilledworker2025]

Thank you, Zimba. We appreciate your guidance and support. I will be starting the application today.

We were put off when we got the below advice from an immigration specialist -

The earliest possible application date for ILR is 28 days before the five-year anniversary of being given leave to enter the UK rather than the date of actual entry to the country. This means the time taken between being issued a visa and coming to the UK is included. However, if this time was more than 90 days then this will not be included and the anniversary date/qualifying period should be based from the date of entry to the UK. You should apply for ILR before your visa expires.

[zimba]

The advice is wrong. There is no 90 days limit.

https://assets.publishing.service.gov.u ... ce__1_.pdf

[skilledworker2025]

Hello Zimba,

Good evening, and thank you for your previous response.

Since my wife will study and take the life in the UK test in a few weeks time, I wanted to continue and process my son's ILR application.

Since I will be processing his application first and I am already on an ILR, do I use the set(O) form for him or do I process the Set (F) form? He is 10 years old.

Please advise.

[zimba]

You cannot do that. Children do not have a min residence requirement but they are only able to settle when both parents are settled. They should apply using SET(O) together

[skilledworker2025]

Thank you, Zimba. Appreciate the quick response.