Clarification Required on ILR Application Process Request

[ba31]

I would like to seek clarification on the following immigration-related queries. I would be grateful if you could kindly confirm the correct position:

28-day calculation from visa expiry
I would like to understand how the 28-day period should be calculated in relation to visa expiry.
Some people have advised that the 28 days should be calculated from the date when the visa was first stamped at the UK border, rather than from the visa expiry date shown on the BRP/visa.
Could you please confirm the correct method of calculation?

English language requirement for dependant
My dependant is from a Hindi-medium educational background. I would like to confirm whether passing the B1 English test is sufficient to meet the English language requirement.
I understand that the Life in the UK Test will also be required separately. Please confirm if this understanding is correct.

UK-born child – passport eligibility
My daughter was born in the UK. I have been informed that she may be eligible to apply directly for a British passport instead of applying for ILR first.
Could you please confirm whether this is correct and advise on any conditions that apply?

[zimba]

• 28-day concession have NOTHING to do with your Visa expiry.

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

• Passing SELT at B1 is all they need

• Your child is NOT a British citizen. The British passport is only issued to British citizens. Your UK-born child can be registered as British using form MN1 (after one parent gets ILR) and then you can apply for their British passport, like any other citizen

[ba31]

Thank you for your response.

28-day calculation
1. I wanted to confirm my understanding regarding the application timeline. My BRP was issued on 26 March 2021,on passport it was issued on 31 March 2021 and my contract with the UK company started on 15 April 2021. I landed in the UK on 10 April 2021.
Based on this, I believe the contract start date (15 April) is the relevant point for calculating eligibility. Therefore, I understand that I can submit my application on or after 19 March 2026.
Could I fill the application in advance or I can not even fill application in advance and find out what different document will be needed.
OR
The qualifying period usually starts from the date you entered the UK with your visa (or the date your visa was issued if you entered within 90 days).For Skilled Worker/Tier 2 visas, the contract start date is not the official marker for the qualifying period; it’s your entry date or BRP issue date whichever is later So in this case 5 years from that date = 10 April 2026, and Ican apply from 13 March 2026 onward (28 days before).

UK-born child – passport eligibility
Does it mean first I need to apply child ILR or I can apply passport at the time of I apply my ILR ?
I believe 5 year continuous residency do not apply for child ?

[CR001]

28-day calculation
1. I wanted to confirm my understanding regarding the application timeline. My BRP was issued on 26 March 2021,on passport it was issued on 31 March 2021 and my contract with the UK company started on 15 April 2021. I landed in the UK on 10 April 2021.
Based on this, I believe the contract start date (15 April) is the relevant point for calculating eligibility. Therefore, I understand that I can submit my application on or after 19 March 2026.
Could I fill the application in advance or I can not even fill application in advance and find out what different document will be needed.

Have ypu clicked and read rhe link already privided?? Your qualifying period if on a Skilled Worker visa starts from the brp issue date. Your contract work start date is irrelevant.

UK-born child – passport eligibility
Does it mean first I need to apply child ILR or I can apply passport at the time of I apply my ILR ?
I believe 5 year continuous residency do not apply for child ?

It was already advised that your child is not British so cannot apply directly for a British passport. You have to APPLY to REGISTER the child as British on form MN1 AFTER either parent is granted ILR. Only once the citizenship application is approved and the registration certificate received can you apply for the childs passport. A UK born child does NOT require ILR before applying to register as British on form MN1.

[ba31]

28-day calculation
Yes, I have read the page and I appreciate your response. However, I am still not completely sure which date should be considered in my case.

I arrived in the UK on 10 April, but my BRP shows an issue date of 23 March, and my passport entry stamp is dated 31 March. Because these dates are different, I am unclear which one should be used when calculating my qualifying residence period for ILR.

UK-born child – passport eligibility
So, I do not need to apply for ILR for my UK-born child. Once we both parents receive their ILR decisions, I need to apply to register my child as British using Form MN1. Was going through following guidance and its only say "settled in the UK at the time the child is born" https://www.gov.uk/government/publicati ... le-version and but its not true in my case.

English language requirement for Main Applicant

For my own application, I have a NARIC certificate that I used when applying for my Skilled Worker visa. Will I be able to use the same certificate, or do I need to request a new one?

Is there any way to identify list of documents that I will need and can I submit a application in advance but do not take biometric appointment until I qualify ?

I would appreciate your continous clarification.

[lolo2]

You're eligible for ILR on 23 March 2021 + 5 years - 28 days. The date you started working and the date you entered the UK are irrelevant for this route.

You can reuse previous certificates to demonstrate knowledge of English.

Your UK born child is not British because neither parent was settled at the time of the birth, you need to register them first using form MN1 once at least one of the parents settled - as advised.

The section of the guidance you're citing refers to a child that automatically acquires British citizenship otherwise than by descent when a parent is settled in the UK at the time of the birth. It means the child does not need to be registered. This does not apply to your case.

[ba31]

28-day calculation

Thank you for response and appreciate.

I have checked my eVISA portal, and the start date is 31 March 2021. Based on this, I believe I should stick with the eVISA start date. Therefore, I will be eligible on 31 March 2021 + 5 years – 28 days, which brings the date to 3 March 2026.

UK-born child – passport eligibility
Thank you and appreciate your response. So during my ILR application, I do not need to apply for my child’s ILR and wait for my ILR decision. Once my ILR is approved, I can proceed to register my child using Form MN1. Is there any guidance on filling the form and what documentation would needed.

Documentation
Is there any guidance on filling the form and what are different documentation will be needed to support each of applicant ILR application.

[lolo2]

For ILR, requirements etc read the advice given above including the links provided!

Also see: All you need to know about the sponsor letter for Skilled Worker route

Put all your queries on naturalisation (or registration) on the British Citizenship subforum.

[ba31]

Thank you for clatigication on 28-days calculation and UK-born child – passport eligibility . I will raise request in naturalisation (or registration) on the British Citizenship subforum for child.

English language requirement for Main Applicant

For my own application, I have a NARIC certificate that I used when applying for my Skilled Worker visa. Will I be able to use the same certificate, or do I need to request a new one?

Is there any way to identify list of documents that I will need and can I submit a application in advance but do not take biometric appointment until I qualify ?

I would appreciate your continous clarification.

[zimba]

Thank you for clatigication on 28-days calculation and UK-born child – passport eligibility . I will raise request in naturalisation (or registration) on the British Citizenship subforum for child.

English language requirement for Main Applicant

For my own application, I have a NARIC certificate that I used when applying for my Skilled Worker visa. Will I be able to use the same certificate, or do I need to request a new one?

Is there any way to identify list of documents that I will need and can I submit a application in advance but do not take biometric appointment until I qualify ?

I would appreciate your continous clarification.

Old NARIC obtained under the Red route can still be used.
I repeat, the date you apply for ILR is NOT IMPORTANT. Only the date of the ILR decision matters. This has now been repeated many many times but it seems you do not get it. Why does this have to be repeated over and over again ??

[ba31]

Thank you for your response.

I understood the response on date of the ILR decision matters but I am not sure how I know ILR decision date so its either visa start date or BRP date.

[zimba]

Thank you for your response.

I understood the response on date of the ILR decision matters but I am not sure how I know ILR decision date so its either visa start date or BRP date.

What are you talking about ??
ILR decision date is the date the caseworker gets to make a decision on your ILR. So it will always be after your biometrics

[ba31]

What I meant by that I will be eligible to apply for ILR on 3 March 2026, based on the date my visa was issued ( 31 March 2026 ). Although the application can be submitted before this date aslo because casework will be handle the case post biometric appointment, the biometric appointment must take place on or after 3 March 2026. Since the decision date is uncertain, I believe the safest option would be to book the biometric appointment on 3 March 2026 or later.

[zimba]

What I meant by that I will be eligible to apply for ILR on 3 March 2026, based on the date my visa was issued ( 31 March 2026 ). Although the application can be submitted before this date aslo because casework will be handle the case post biometric appointment, the biometric appointment must take place on or after 3 March 2026. Since the decision date is uncertain, I believe the safest option would be to book the biometric appointment on 3 March 2026 or later.

You will be eligible to be GRANTED ILR on 3 March 2026. The date you apply for ILR is unimportant

[ba31]

yeah correct but how likely casework will not pick the file if someone apply before eligible date.I guess safest could be get biometric on 03-March and apply application anytime sooner than 03-March.

[zimba]

yeah correct but how likely casework will not pick the file if someone apply before eligible date.I guess safest could be get biometric on 03-March and apply application anytime sooner than 03-March.

Caseworker will only process an application after you enrolled your biometrics. An application is NOT processed until then as it is not valid. AGAIN, what this has to do with when you apply and submit your application online ???