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When can I apply for ILR?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Jonascarter
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When can I apply for ILR?

Post by Jonascarter » Tue Jul 09, 2024 8:57 pm

I will be approaching 10 years in total in the UK and 5 years on a skilled worker visa at the same time.

I wanted to know what day I’d be able to use in my qualifying period calculation depending on which route I decide to take for my ILR application.


Student visa application (from outside UK)- 23rd August
BRP issue- 31st August
Entry clearance visa/vignette “valid from”- 10th September
UK entry- 17th September
(I picked up BRP after arriving in the UK)


  • What day can I use for the start of the 10 year long residence route?



Skilled worker visa application (from inside UK)- 20th July
Home Office Atlas successful application email- 12th August
BRP issue- 23rd August


  • What day can I use for the start of the 5 year skilled worker route?



It’s interesting to note my student BRP was issued before my entry clearance visa. Whereas, my skilled worker BRP was issued after my application approval.

I’m not sure if the Home Office Atlas email can be reliably used as the start of the qualifying period. Although, when I renewed my skilled worker visa I just got another Home Office Atlas email and no more BRP since it’s gone digital, so maybe it is.

Jonascarter
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Re: When can I apply for ILR?

Post by Jonascarter » Tue Jul 09, 2024 9:18 pm

I forgot to add that my employment commenced on 2nd August and this was also the date of my CoS start date.

I was able to start working since I had applied to update my visa from student to skilled worker before my employment start date.

Not sure if it makes a difference that my job started before my skilled worker visa was issued in terms of the qualifying period.

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CR001
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Re: When can I apply for ILR?

Post by CR001 » Tue Jul 09, 2024 9:29 pm

Long residence your qualifying period starts from the date you entered the uk, so you can apply 28 days before 17 Sept.

Skilled Worker 5 year route, your qualifying period starts from the skilled worker visa issue date, so you can apply within 28 days before 12th August.

Your work start date is irrelevant.
Char (CR001 not Casa)
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Jonascarter
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Re: When can I apply for ILR?

Post by Jonascarter » Tue Jul 09, 2024 10:05 pm

CR001 wrote:
Tue Jul 09, 2024 9:29 pm
Long residence your qualifying period starts from the date you entered the uk, so you can apply 28 days before 17 Sept.

Skilled Worker 5 year route, your qualifying period starts from the skilled worker visa issue date, so you can apply within 28 days before 12th August.

Your work start date is irrelevant.
Can the period between visa issue and UK entry not be used for long residence? I’d seen some other posts mentioning this could be used as qualifying period but would just need to be included in the total absence.


Is the email date from the Home Office Atlas a reliable source to go off? I hadn’t seen any posts ever talking about this so was not too confident.

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zimba
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Re: When can I apply for ILR?

Post by zimba » Wed Jul 10, 2024 1:39 am

CR001 wrote:
Tue Jul 09, 2024 9:29 pm
Long residence your qualifying period starts from the date you entered the uk, so you can apply 28 days before 17 Sept.

Skilled Worker 5 year route, your qualifying period starts from the skilled worker visa issue date, so you can apply within 28 days before 12th August.

Your work start date is irrelevant.
I think the move to appendix continuous residence might allow counting the qualifying period from the first visa issue date just like the other routes covered under that appendix: viewtopic.php?t=347861#p2166076
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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