What is the earliest can I SUBMIT ILR application?

[Cristina0823]

Hi Zimba,

I am reading through this thread. Thank you for your knowledgeable answers. I have a very similar question which is related to 5-year route spouse visa:
- my qualifying period starts from 21/Dec/2018
- I submitted application on 2/Nov/2023 (to have enough time to prepare documents)
- Qualified date: 24/Nov onwards
- In-person interview - I planned to book on 4/Dec/2023

However, I read through the 28-day rule for SET(M). Would UKVI reject my application automatically because my online application date is earlier than 4y11m?
However, all my documents are up to date and BRP appointment is within the qualified period.

I am thinking of withdrawing the application and re-apply if it would potentially be rejected.
(I applied early because I will start a new job in mid Dec, really don't want last-minute panic if I could avoid...)

Very much appreciate your thoughts.
Cristina

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.

[zimba]

The advice given in that thread applies to you too. No need to change anything

[Cristina0823]

The advice given in that thread applies to you too. No need to change anything

Very much appreciated Zimba!

[Cristina0823]

The advice given in that thread applies to you too. No need to change anything

Very much appreciated Zimba. Apology I am still nervous about the date -

The member below, who applied at 58 months 23 days and got rejected. Would I possibly get a similar result? I am very grateful for your feedback. (and sorry keep asking you)
indefinite-leave-to-remain/ilr-set-m-ap ... 65728.html

[zimba]

The advice given in that thread applies to you too. No need to change anything

Very much appreciated Zimba. Apology I am still nervous about the date -

The member below, who applied at 58 months 23 days and got rejected. Would I possibly get a similar result? I am very grateful for your feedback. (and sorry keep asking you)
indefinite-leave-to-remain/ilr-set-m-ap ... 65728.html

The applicant in that case clearly did not have the required lawful residence period (60 months minus 28 days) on the date of the ILR decision. I clearly explained that you must be within 28 days of completing your 5 years on the date of decision. Do not look at random cases of refusal without understanding the reason for the refusal

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

[Cristina0823]

The advice given in that thread applies to you too. No need to change anything

Very much appreciated Zimba. Apology I am still nervous about the date -

The member below, who applied at 58 months 23 days and got rejected. Would I possibly get a similar result? I am very grateful for your feedback. (and sorry keep asking you)
indefinite-leave-to-remain/ilr-set-m-ap ... 65728.html

The applicant in that case clearly did not have the required lawful residence period (60 months minus 28 days) on the date of the ILR decision. I clearly explained that you must be within 28 days of completing your 5 years on the date of decision. Do not look at random cases of refusal without understanding the reason for the refusal

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

I see. Thank you so much Zimba, it is all clear now. All the best!!
Cristina