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ILR earliest application date (Date of issue on BRP vs COS Date vs Date of employment)

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

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PE1
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ILR earliest application date (Date of issue on BRP vs COS Date vs Date of employment)

Post by PE1 » Tue Oct 31, 2023 2:48 pm

I am applying ILR based on my tier 2 with 5-year visa
I am confused on when i can submit my application as i know submitting too early would get my application rejected:

Visa clearance: 20 Nov 2018
COS start date 1 Dec 2018
Date of entering UK: 5 Dec 2018
BRP Tier 2 Issue date: 6 Dec 2018
BRP Tier 2 Expiry Date: 7 Dec 2023
Date of employment on employment Contract: 1 Jan 2019

I have two questions:
1) when is my earliest date of application, should that be 28 days before 6 December or 1 January?
2) based on date of employment date of 1 Jan 2019, i only have 4 years of 11 months of employment until visa expiry date of 7 Dec 2023, would this be an issue? I assume there is no need to extend the Visa for less than 1 month to make sure it is 5 years?

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Re: ILR earliest application date (Date of issue on BRP vs COS Date vs Date of employment)

Post by zimba » Tue Oct 31, 2023 3:35 pm

You first need to determine your earliest date of ILR eligibility. This is within 28 days of completing your 5 years, since the very first visa approval date. Your CoS or employment date or date of entry do NOT matter at all.

So (20 Nov 2018 + 5 years - 28 days) is the earliest date you qualify for ILR.

If the caseworker processes your application on this date your ILR can be granted.

Now It is often advised to apply (date of application) on or after this date but this is not really important. You can in fact apply earlier. This all can work out as long as your date of decision lands on or after the date of ILR eligibility: How to apply early and benefit from the date of the ILR decision ?
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

PE1
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Re: ILR earliest application date (Date of issue on BRP vs COS Date vs Date of employment)

Post by PE1 » Tue Oct 31, 2023 4:01 pm

Thanks Zimba.
Regarding question 2, the eligibility for applying for ILR using Tier 2 is that you have lived and "worked" in the UK for 5-year continuously. For my case, my employment is only 4 years and 11 months until Visa expiry date (and my date of employment is clearly stated in my employment letter), would that be any issue at all? I assume there is really no need to extend the work visa just a month?

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Re: ILR earliest application date (Date of issue on BRP vs COS Date vs Date of employment)

Post by CR001 » Tue Oct 31, 2023 6:09 pm

PE1 wrote:
Tue Oct 31, 2023 4:01 pm
Thanks Zimba.
Regarding question 2, the eligibility for applying for ILR using Tier 2 is that you have lived and "worked" in the UK for 5-year continuously. For my case, my employment is only 4 years and 11 months until Visa expiry date (and my date of employment is clearly stated in my employment letter), would that be any issue at all? I assume there is really no need to extend the work visa just a month?
Zimba has already advised correctly.

You are overthinking!!
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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Re: ILR earliest application date (Date of issue on BRP vs COS Date vs Date of employment)

Post by zimba » Tue Oct 31, 2023 6:31 pm

PE1 wrote:
Tue Oct 31, 2023 4:01 pm
Thanks Zimba.
Regarding question 2, the eligibility for applying for ILR using Tier 2 is that you have lived and "worked" in the UK for 5-year continuously. For my case, my employment is only 4 years and 11 months until Visa expiry date (and my date of employment is clearly stated in my employment letter), would that be any issue at all? I assume there is really no need to extend the work visa just a month?
No that is not the eligibility rule for ILR. Do not invent your own requirements. Your period of employment is not relevant, it is the period you had lawful residence
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

PE1
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Re: ILR earliest application date (Date of issue on BRP vs COS Date vs Date of employment)

Post by PE1 » Thu Nov 09, 2023 11:47 pm

For the ILR application from tier 2 (5 year visa)
One of the supporting document required is “Evidence of Immigration Status in the UK”
I wonder if BPR is sufficient
Or do I need to provide both BRP and COS?

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Re: ILR earliest application date (Date of issue on BRP vs COS Date vs Date of employment)

Post by AmazonianX » Fri Nov 10, 2023 12:27 am

PE1 wrote:
Thu Nov 09, 2023 11:47 pm
For the ILR application from tier 2 (5 year visa)
One of the supporting document required is “Evidence of Immigration Status in the UK”
I wonder if BPR is sufficient
Or do I need to provide both BRP and COS?
Your BRP is sufficient.

PE1
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Re: ILR earliest application date (Date of issue on BRP vs COS Date vs Date of employment)

Post by PE1 » Fri Nov 17, 2023 11:30 am

Thanks for the reply. One of the document checklist item is that
"All previous passports, travel documents or
national identity cards that you have used to
travel to or remain in the UK"

I have two questions:
- I only have one passport (current one) since i came to the UK five years ago, should i upload it again to fulfil this item?
- I have a valid national ID card from my home country (which i have provided the details as required in the Set (O) application form). That ID is only used when i enter my home country but not the UK, should i upload that card here?

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Re: ILR earliest application date (Date of issue on BRP vs COS Date vs Date of employment)

Post by zimba » Fri Nov 17, 2023 12:20 pm

Only the passports used in the last 5 years should be uploaded. Your national ID card is not needed
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Re: ILR earliest application date (Date of issue on BRP vs COS Date vs Date of employment)

Post by AmazonianX » Fri Nov 17, 2023 7:09 pm

PE1 wrote:
Fri Nov 17, 2023 11:30 am
Thanks for the reply. One of the document checklist item is that
"All previous passports, travel documents or
national identity cards that you have used to
travel to or remain in the UK"

I have two questions:
- I only have one passport (current one) since i came to the UK five years ago, should i upload it again to fulfil this item? Yes
- I have a valid national ID card from my home country (which i have provided the details as required in the Set (O) application form). That ID is only used when i enter my home country but not the UK, should i upload that card here? If you have provided it before and it is still valid, will suggest to provide it again if application asking about it.

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