What is the earliest can I SUBMIT ILR application?

[zerodayaz]

Hello,

I know that the earliest application for ILR is first BRP issuance date + 5 years - 28 days.

My question is can I submit my application earlier than that and then attend my biometrics once I hit the required timeframe? An example is illustrated below:

Example:
1. First BRP was issued on: 10 December 2018
2. 10 December 2018 + 5 years - 28 days = 11 November 2023
3. ILR application to be submitted on 3rd October
4. Biometrics for ILR to be collected on 12 November 2023

[zimba]

Yes
How to apply early and benefit from the date of the ILR decision ?

[zerodayaz]

Thanks Zimba. The official guidance says that "Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period."

That what makes me confused about, in the online form, there is a "Submit" button, and my concern is if I submit my application earlier than the required period (4 years 11 months), my application may be rejected? Does the Home Office clarify somewhere what they mean by "Submision"?

Link below:
https://www.gov.uk/government/publicati ... accessible

[CR001]

I know that the earliest application for ILR is first BRP issuance date + 5 years - 28 days.

Depends what visa you hold. You have not stated what visa route you are on. Different visas have different starting points to the qualifying period.

[zimba]

Thanks Zimba. The official guidance says that "Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period."

That what makes me confused about, in the online form, there is a "Submit" button, and my concern is if I submit my application earlier than the required period (4 years 11 months), my application may be rejected? Does the Home Office clarify somewhere what they mean by "Submision"?

Link below:
https://www.gov.uk/government/publicati ... accessible

Also, the guidance refers to the earliest date of ILR eligibility and simply advises you to apply from that date onwards. That is strictly advisory as there is NOTHING under the immigration rule that requires you to apply on or after such date. The idea that you will be rejected is therefore totally self-constructed and has no basis in the rules. All that matters is that you have fulfilled the qualifying period for ILR when a caseworker gets to process your ILR application.

[zerodayaz]

Thank you Zimba.

I will be applying through Skilled Visa route and based on my understanding the minimum required residence is 5 years. I thought the "applying 28 day before 5 years" rule only counts when the "continuous period" is calculated from "the date of application" rather than "the date of decision", as the rule is written as "any date up to 28 days after the date of application.". However, 28 days rule is not mentioned next to the the bullet point "the date of decision".

My concern is that when the caseworker reviews my application, I will have lived in the UK for 4 years 11 months, not exactly 5 years. If I count my residence based on "the date of decision" rule, is it ok if my application gets reviewed by the caseworker after I spend 4 years 11 months since the "valid from" date of first Skilled Visa?

[zimba]

Thank you Zimba.

I will be applying through Skilled Visa route and based on my understanding the minimum required residence is 5 years. I thought the "applying 28 day before 5 years" rule only counts when the "continuous period" is calculated from "the date of application" rather than "the date of decision", as the rule is written as "any date up to 28 days after the date of application.". However, 28 days rule is not mentioned next to the the bullet point "the date of decision".

My concern is that when the caseworker reviews my application, I will have lived in the UK for 4 years 11 months, not exactly 5 years. If I count my residence based on "the date of decision" rule, is it ok if my application gets reviewed by the caseworker after I spend 4 years 11 months since the "valid from" date of first Skilled Visa?

Your understanding is incorrect. First of all, there is no such thing as a 28-day rule under the immigration rules. That is simply a concession offered to ALL the ILR applicants by the secretary of the state in the immigration procedures that you often see mentioned in the guides. This concession simply says that ILR can be granted within 28 days of completing the ILR qualifying period. So an applicant does not need to strictly complete their full qualifying period. If they are 28 days away from completing it, then that is enough for them to be granted ILR. This will be the earliest date someone can be granted ILR or the earliest date of ILR eligibility.

Under the skilled worker route, there is a 5-year qualifying period, so technically by the 4 years and 11 months mark you are eligible for ILR. If the date of decision is on or after the earliest date of eligibility, then ILR will be granted.

[zerodayaz]

Thank you. This is helpful.

The "valid from" date of my first skilled visa is 17 December 2018, date of first entry is 3rd January 2019. I am thinking of submitting my online application on 1st October and booking my appointment for 20 November. Based on the discussion I understand that is the earliest date I can apply. Apologies for multiple questions, is my understanding correct?

[zimba]

You will be eligible from 19 November 2023. Your date of decision must be on or later than that. So if applying using super priority service, your should book your appointment on or after that date

[MakeRed]

Thank you. This is helpful.

The "valid from" date of my first skilled visa is 17 December 2018, date of first entry is 3rd January 2019. I am thinking of submitting my online application on 1st October and booking my appointment for 20 November. Based on the discussion I understand that is the earliest date I can apply. Apologies for multiple questions, is my understanding correct?

Correct me if i am wrong and apologies for intruding here, But this is crossing 45 days limit between payment that is application date and the biometric date ie 1st October and 20 November . it is more than 45 days wont his/her application be rejected ?

[zerodayaz]

Thank you Zimba.

On another thread, I saw that you mentioned that:

"The date of decision is ONLY relevant when considering the calculation of the 5-year qualifying period. For other things, the date of the application is used which is the date you submit it online, for e.g you must submit documents dated before the date of your application".

If I submit my online application on 1st of October (which is before my eligibility date of 19 November 2023), and letter from my employer confirming my absences is dated 1st October, it will not cover the days I was absent covering the period from 1st October until 19 November, does this not make my application invalid?

indefinite-leave-to-remain/ilr-qualific ... e#p2128204

[zimba]

An employer letter does not need to mention any periods of absence at all. You cannot travel after submitting your application at all as your application will be automatically withdrawn.

[zerodayaz]

I am not intending to travel, but technically the information I will be providing online and the evidence I provide may not be fully up to date or accurate. For example, if I attend the appointment on 19 November, the letter I would obtain from my employer would be dated 16 or 17 November and would not include the period between 16 November and 19 November.

I also called the Home Office today and they told me I should only submit my online application - once I meet the qualifying period.

While the price hike in ILR application starting from 4th of October is not small, risk of losing the whole application fee make me uncomfortable to take the risk of submitting my application online prior to the price increase/qualifying period.

[zimba]

The content of the employer letter issued before or after the date of application does not change. I am not sure what you mean by up-to-date.

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

Note that the Home office does not have any immigration advice phone service. The phone lines are outsourced to third parties dishing out generic and often incorrect advice. You seem to follow your own perceptions and interpretations without having any understanding of the rules. If you want to pay a higher fee then that is your choice. The advice given above is firmly supported by the rules in place and has been given to hundreds of successful applicants before. You cannot be randomly refused unless you clearly do not meet the requirements under the rules

[zerodayaz]

This makes a lot of sense Zimba. There are two remaining questions in my mind at the moment, would appreciate if you could share your thoughts:

1. 45 days rule which @MakeRed mentioned, is this correct and would this result in getting a refusal?

2. The date when my entry to leave was issued under Tier 2 was 5 December 2018, my first BRP "valid from" date was 17 December 2018, my vignette "valid from" date was 31 December 2018. Am I correct in my assumption that the earliest date I can technically attend my biometrics appointment would be 7 November 2023 rather than 19 November 2023?

[zimba]

1. There is no such rule. Again the procedures require you to enrol your biometrics within 45 days. Otherwise, your application will be rejected as invalid (not refused) This means as if your application was never made.

2. Correct. Your qualifying period started on 5 December 2018

[zerodayaz]

Page 7 of the attached document highlights the following, is there anything I am missing?

Individuals who make in-country applications must, in most circumstances, book an appointment to enrol their biometric information within a specified period unless an exemption or exception applies or they have used the UK Immigration: ID Check app. Individuals will be informed to:
• make an appointment at a Service and Support Centre (SSC) within 15 working days
• make an appointment at a UK Visa and Citizenship Application Services (UKVCAS) location within 45 working days


https://assets.publishing.service.gov.u ... olment.pdf

[zimba]

No. That is it

[MakeRed]

Thanks for all these information. Whilst this sounds intriguing to save some cash. There are unpredictabilities that comes with it if you don't have few days within those 45 days. For one if you are planning for applying priority or super priority it is not always available. So your target date of application submission won't work out . Other factor is that Biometrics Date is too not in your hand as the dates that you are targeting might not be available.

[zerodayaz]

Yes, but technically 45 working days from 3rd October is 4 December which is plenty of time. In the worst case scenario, application can be withdrawn prior biometric submission (hence refund issued) and new application can be made. No?

[MakeRed]

Sorry I am not sure how you came up with that mate. It comes out 17 November for me.
https://www.timeanddate.com/date/datead ... ad=45&rec=

Sorry can you check above?

Hmm can we withdraw the application before Biometrics and get full refund including super priority amount which is like 800 quid ? Will be great if we can?

[zimba]

Sorry I am not sure how you came up with that mate. It comes out 17 November for me.
https://www.timeanddate.com/date/datead ... ad=45&rec=

Sorry can you check above?

Hmm can we withdraw the application before Biometrics and get full refund including super priority amount which is like 800 quid ? Will be great if we can?

Please stick to your own topic.
The procedures refer to 45 working days which could be 9 weeks !

[MakeRed]

Sorry those calculations were based on OPs 3rd October date. I have just added those dates in the calendar to get 14 November . Unless Saturdays and Sundays are not included?

[zerodayaz]

You are doing the count based on calendar days rather than working days. Try this:
https://uk-bankholidays.co.uk/45-workin ... 10-03.html

[MakeRed]

Yeah sorry I was being stupid. Cheers for that.