Earliest date to apply for ILR article 8

[GWM]

Hi there, I also need your guidance. I got a student visa dated 14th September 2014 but I arrived in UK on 16th September 2014. I am currently on 10 year route, private life under Article 8. My BRP expires 11/07/2024 as well as my daughter's who joined me on 16 Feb 2016. When is the easiest I can apply for an ILR? When should I book an appointment for biometrics (wanted to use premium)? Am I allowed to add my daughter who has not made ten years in the ILR application or for her i have to extend the BRP?

[zimba]

What is your full immigration history in the UK ?
Make sure to provide dates and details of any periods of leave without a visa/overstaying

[GWM]

Hi Zimba, thanks for the quick response. Kindly see details below.
|Visa Type | Visa Date | Entry in UK | Exit out of UK |
|:-------------:|:------------------------------:|:--------------:|;------------------|
|Visitors | 14.12.2011-14.06.2012 | 25.12.2011 | 18.01.2012 |
|Visitors | 14.12.2011-14.06.2012 | 06.05.2012 | 09.06.2012 |
|Visitors | 18.12.2013-18.06.2014 | 26.01.2014 | 08.03.2014 |
|Student | 04.09.2014-30.01.2019 | 15.09.2014 | 12.02.2016 |
|Student | 04.09.2014-30.01.2019 | 19.02.2016 | 30.07.2017 |
|Student | 04.09.2014-30.01.2019 | 14.09.2017 | |
|Student-ext| 01.02.2019-11.01.2022 | | |
| LLR | 12.01.2022-11.07.2024 | 26.02.2022 | 15.02.2022 |

I would like to include the time on visitor’s visa (especially that issued 18/12/2013) because in reference to Mungur’s case, before I applied for this visa I new that I was to get a student visa as my supervisor had already confirmed funding for my PhD by the school of Economics at a university in the UK (although I was also waiting for another scholarship-Commonwealth to be confirmed). So, I was pretty sure for my continued stay in the UK especially by the time I applied for second visitor’s visa. I however, stayed out of the UK for more than 180 days (while on vistors visa) but this was because the commonwealth secretariat delayed processing my visa. My commonwealth scholarship was confirmed in a letter dated 8th July 2014, but I got the student visa on 4th September 2014 (Of which I received my passport back between 10-13th September 2014). See Mungur's case in the link below.
Mungur's case

[zimba]

The rules for the long residence route have totally changed and the time spent under a visitor visa no longer counts at all. Also, you no longer can rely on the historical 10-year time anymore. So you should base your application on the 10 years of continuous and lawful residence by counting backwards from the date of your intended ILR application.

See: Lawful and continuous residence changes to Long Residence route from 12 April 2023

Were all your applications since your first student visa (04.09.2014) in time (applied before visa expiry) ??

[GWM]

Yes, all applications were on time. No overstay.

[zimba]

Then you can apply within 28 days of reaching 04.09.2024. You may have to apply to extend current leave before then

[GWM]

Is it the date of entry in the UK or the date of issuing the Visa? I thought if I apply for ILR on 10th July then book appointment for biometrics 40 days later I would be able to make it. Is it true the application is not processed until you submit your biometrics? (I read somewhere that they can use the biometrics they have to process. Is that true?). Otherwise , it may be expensive! I need more information because in one of the posts I read, it seemed that they consider the time between your first visa date and date of the decision (probably appointment for biometrics). If I am allowed to wait 45 days to submit biometrics then by I thought I would be covered?

[zimba]

Is it the date of entry in the UK or the date of issuing the Visa? I thought if I apply for ILR on 10th July then book appointment for biometrics 40 days later I would be able to make it. Is it true the application is not processed until you submit your biometrics? (I read somewhere that they can use the biometrics they have to process. Is that true?). Otherwise , it may be expensive! I need more information because in one of the posts I read, it seemed that they consider the time between your first visa date and date of the decision (probably appointment for biometrics). If I am allowed to wait 45 days to submit biometrics then by I thought I would be covered?

If you arrived later, you should use the date of the first date of entry after your student visa was issued. The application will not be processed until you enrol your biometrics

[GWM]

Hi Zimba,
Thanks for your help. Are you able to confirm whether 10 years is counted from entry to date you make the application for ILR or from entry to date when decision is made (ideally when you submit biometrics)? Many thanks.

[Ticktack]

Hi Zimba,
Thanks for your help. Are you able to confirm whether 10 years is counted from entry to date you make the application for ILR or from entry to date when decision is made (ideally when you submit biometrics)? Many thanks.

From the date and time you submit your form. Biometrics is just to confirm you are who you say you are.

[zimba]

Hi Zimba,
Thanks for your help. Are you able to confirm whether 10 years is counted from entry to date you make the application for ILR or from entry to date when decision is made (ideally when you submit biometrics)? Many thanks.

It will be counted from the date that is most beneficial to you as per UKVI guide.
See: How to apply early and benefit from the date of the ILR decision ?