ILR Application with first entry delayed due to Covid19

Hello there,

I am new here and this is my first post. Apologies if I have made this post under a different section. I would like clarification regarding my husband and I eligibility to apply for ILR.

We are on skilled worker visa while I am his dependent. Our vignette stamp date started from 25th March 2020. Due to COVID-19, my country shutdown airport 23rd March 2020. Even though we were at the airport 23rd of March 2020 to see if any long haul flight could fly us, this was unsuccessful as we were told our visa isn’t valid yet so they won’t be able to fly us.

During repatriation in April 2020 by the British High Commission to fly residents back to the UK, we managed to secure seats for us 22nd of April 2020 as our visa will be expiring 24th April 2020 but unfortunately we were denied boarding based on the fact that we didn’t have a BRP yet and hence not yet residents.

Our visas eventually expired and we returned our passport to the visa application center as soon as it was opened. We booked a flight as soon as our passport was returned and airport opened. We arrived in the UK 15th September 2020.

On receiving our BRP, we were disappointed to see that our BRP validity started from 17th March 2020. If this was the same date on our vignette or few days after, we would have managed to fly to the UK. Although I understand that BRPs are printed on the day a decision was made and the date of the vignette is probably the day it was printed on the passport.

My question is if we are eligible to apply for ILR in Feb 2025 or we would have to wait till Aug 2025 to apply.

If we start counting our qualifying period from the date of our vignette start date which is 25th March 2020, then that is 174 days between then and our entry (15th Sept 2020)

If we start counting our qualifying period from the valid start date of our BRP which is 17th March 2020, then that is 182 days between then and our entry (15th Sept 2020)

Would it be okay to apply in Feb 2025 using 25th of March 2020 as our first visa start date ?

If we have to use the date on our BRP which is 17th March 2020 would it still be okay to apply for ILR in Feb 2025 under exceptional circumstances and providing a cover letter with evidences of our situation since we made attempts to enter the UK?

Or would you advise we wait till Aug 2025 to apply ? Considering thousands of pounds will be paid towards this.

I reckon they are thousands of others in our situation and I have been checking gov.uk to see if there will be any concessions to this issue especially those with 5 years skilled worker visa. Since home office didn’t provide us a new BRP as they issued a new vignette, I would be expecting some of concession to allow those with >/< 180 days during the covid period to apply for ILR. Rather than paying an additional visa fee and IHS just to extend the visa with ILR eligible in a few months if we have to wait till Aug 2025

Thanking you in advance for your response.

The qualifying period starts from the date of the first visa approval. You should however work out the the qualifying period by counting backwards from an assumed date of ILR decision. You should be able to apply in Feb 2025 as that is within 28 days of completing your 5 years. Absences during COVID can be justified

I explained it all here: Applicants can benefit from the date of the ILR decision

Hi Zimba,

Thank you very much for your prompt response.

Please could you clarify. Is the first date of approval date on BRP (17th March 2020) or date on Visa vignette (25th March 2020)?

Looking forward to your response. Thank you.

It would be the earliest date so the date on the BRP

Hi Zimba,

Thank you again for your prompt response.

I will submit the application using my BRP start date of 17th March 2020. I reckon I will need to add a cover letter with Covid restriction evidences as I have stated in my initial post since it’s 182 days from the start date of my BRP to when I entered the UK on 15th Sept 2020.