Earliest date to apply for ILR

[wahlberg79]

Hi All,

I came to UK in August 2017 with a Tier 2 ICT visa. In December 2020 I switched to Tier 2 General with the same sponsor as my salary was above the respective threshold to be able to make that switch. I then changed jobs in June 2021 and currently holding a Skilled Worker Visa.

My question is when the time comes to apply for ILR, do I need to provide an employment letter from all the past employers ? Or the employer at the time I apply for ILR. Cause the previous company I worked for got acquired and the whole HR team changed. Would the P60/P45 forms not be enough during ILR application ?

Thanks in advance.

[CR001]

do I need to provide an employment letter from all the past employers ?

No

[zimba]

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

[wahlberg79]

Thank you both !

[wahlberg79]

Hi all,

I switched from Tier 2 ICT to Tier 2 General back in 2020 within UK. Back then the approval email I received in December 2020 stated the following.

Your application under Tier 2 General of the Immigration Rules has been successful. You will receive your Biometric Residence Permit (BRP) by courier within 7 working days. It is your BRP, not this letter, that is the official document that grants you leave to remain in the UK (permission to stay) until 18 Oct 2025.

However the BRP I received has PACE AND DATE OF ISSUE of 10 December 2020. I changed jobs in 2021 and been holding a Skilled Worker visa since June 2021.

Considering the data that I provided above can someone please help me understand what specific date I will be able to apply for ILR ?

Thanks in advance

[zimba]

The earliest date of ILR eligibility is within 28 days of completing your 5 years in the UK (10 December 2025). That is the earliest date you can be granted ILR. You can apply on or before this date.

See: Applicants can benefit from the date of the ILR decision

[wahlberg79]

Thanks for the prompt response @zimba. Do you know why the email I received did state "...that is the official document that grants you leave to remain in the UK (permission to stay) until 18 Oct 2025." though ? I thought 18 Oct 2025 would be the day ?

[zimba]

Thanks for the prompt response @zimba. Do you know why the email I received did state "...that is the official document that grants you leave to remain in the UK (permission to stay) until 18 Oct 2025." though ? I thought 18 Oct 2025 would be the day ?

What is the expiry date of your BRP ?

[wahlberg79]

Well, two things.

Keep in mind that the dates that I mentioned to you was from the approval email for the Tier 2 General visa back in 2020. And I was already in UK during the application. I switched from ICT to General.

I then switched from Tier 2 General to Skilled Worker in May 2021.

My current BRP' s expiry date is 31 December 2024. I created my evisa online and when I use the prove immigration status service on Gov.uk I can see that my evisa is valid until 13 June 2026.

However the 5 year period should start with the Tier 2 General visa that I obtained back in 2020. Hence my question. I also noticed that the Certificate of Sponsorship document from that visa application has the following info on it.

Work dates
Start date: 05 October 2020
End date: 04 October 2025

Does this mean that 5 October 2020 would be the actual latest date ?

[zimba]

ILR qualification period is based on completing the required time while holding a visa, not work start date, COS date, etc, etc. Also, you did not switch from Tier 2 to Skilled Worker as the Skilled Worker route simply replaced the Tier 2 route, so they are effectively the same routes. The starting point is when your visa was initially approved !!

However, If you read the link I posted above, you can see that you should count back from the date of the decision.

[wahlberg79]

@zimba . Let me clarify; I think there is a misunderstanding.

I originally came to UK with a Tier 2 ICT visa in August 207.

I switched from Tier 2 ICT to Tier 2 General in Autumn 2020.

I then changed employers in May 2021 where as a result I started holding a Skilled Worker Visa.

I went through that link, thanks. But that link still does not answer my question as in I cannot figure out the actual 5 year mark for myself.

I went through the documents that I keep from the the Tier 2 ICT to Tier 2 General switch back in Autumn 2020. I can see that the company submitted the visa application on 17 September 2020. Then I received an email from UKVI on 10 December 2020. On that email, as I mentioned in the previous messages, the following is stated.

Your application under Tier 2 General of the Immigration Rules has been successful. You will receive your Biometric Residence Permit (BRP) by courier within 7 working days. It is your BRP, not this letter, that is the official document that grants you leave to remain in the UK (permission to stay) until 18 Oct 2025.

As you can see above it does not mention a Visa start date. So I am trying to understand when would the 5 year period start for me ? If it was 10 December 2020 then I dont think my leave to remain (that I obtained back then) would have been mentioned as 18 October 2025 in that approval email. No ?

Is there any service that you are aware of in UKVI that I can ask this question or get help ?

Thanks in advance, appreciate you keep responding.

[zimba]

What is wrong with assuming 10 December 2020 and going forward, as that was the issue date of the first BRP ?
You might get the details by applying for an SAR from the UKVI: https://www.gov.uk/government/publicati ... mmigration

[wahlberg79]

Ok. I was just hoping that if the 5 year period would start in October 2020 that means I can apply for an ILR two months earlier.
Thanks.

[zimba]

Ok. I was just hoping that if the 5 year period would start in October 2020 that means I can apply for an ILR two months earlier.
Thanks.

However, there is no evidence that your application was approved in October. Your approval seems to have happened in December 2020

[wahlberg79]

The date thar the approval came in is 10 December 2020. But the expiry date is October 2025. Hence my questions earlier. Thanks.

[zimba]

The date thar the approval came in is 10 December 2020. But the expiry date is October 2025. Hence my questions earlier. Thanks.

The expiry is probably adjusted as per the end date on the sponsorship certificate. Not related to the initial approval date