ILR Eligibility - Need Advice

[JCY]

Dear CR001, Zimba et all,
I am seeking your advice on my immigration case and the best way to proceed. Specifically, I want to know if applying for ILR is the most cost-effective option for me and my dependents. Below are the details of my situation:

1.) I applied for a Tier 2 (General - Switching Immigration Category) visa inside UK while I am on an ICT dependent visa before, and I have been working for the same employer throughout and still working for the same Employer.

2.) CoS work start date: 01 August 2020
3.) Visa application submitted date: 27 August 2020
4.) CoS work end date: 31 July 2025
5.) BRP issue date: 07 November 2020 [printed on BRP card]
6.) BRP/eVisa validity: until 01 August 2025 (no grace period given)

Based on this information, can I apply for ILR considering the Tier 2 application submission date (27 August 2020) and the BRP/evisa end date (01 August 2025), accounting for the 28-day grace period for ILR applications, which typically take around 6 months to process?

Additionally, my dependents will need an extension and apply at the same time since they will be short of the 5-year requirement for ILR by one year.

Could you please advise on the overall scenario? Thank you for your assistance.

[zimba]

No, you cannot use the initial submission date as that is irrelevant.
Your qualifying period starts from the first visa approval date only.
You have less than 5 years on your visa as the visa was issued until the end date of the COS. You and your dependants need an extension to cover up the shortfall in order to qualify for ILR

[simplycallmejing]

Hi there,

According to Skilled Worker caseworker guidance (Version 11.0)

Due to major disruption to UKVI services during the COVID-19 pandemic, Tier 2
(General) and Skilled Worker applicants in the UK were permitted to start work for
their sponsors while waiting for decisions on their applications. This time while they
were waiting, but able to work, also counts towards the continuous 5-year period.
The applicant must have been in the UK with permission (including as a visitor or
with Exceptional Assurance), and the application must have been:
• for permission to stay
• made between 24 January 2020 and 30 June 2021 (inclusive)
• supported by a CoS on the date of application
• granted

I believe this is relevant to your case.

[zimba]

Hi there,

According to Skilled Worker caseworker guidance (Version 11.0)

Due to major disruption to UKVI services during the COVID-19 pandemic, Tier 2
(General) and Skilled Worker applicants in the UK were permitted to start work for
their sponsors while waiting for decisions on their applications. This time while they
were waiting, but able to work, also counts towards the continuous 5-year period.
The applicant must have been in the UK with permission (including as a visitor or
with Exceptional Assurance), and the application must have been:
• for permission to stay
• made between 24 January 2020 and 30 June 2021 (inclusive)
• supported by a CoS on the date of application
• granted

I believe this is relevant to your case.

Well spotted, it is now becoming very hard to keep up with all the various exception and concessions

[JCY]

Thanks a lot for you both, Zimba and Jing.

So, Can I proceed planning to apply for my ILR on July 31, 2025, given these circumstances explained in my initial post, would my application still be eligible under the COVID-19 disruption guidelines??

**Could you please also advise if there is a way to obtain a CoS for a duration of within six months extension that would help avoid incurring too much cost and allow me to safely proceed with my ILR without any risk?

*****************************************************************************************************************

I have another related question. As my dependents are under a year+ away from being eligible for ILR.
My husband, who wants to switch back to his own sponsor visa from his current status as my Tier 2 dependent.
Previously, he was on an ICT visa before joining me as a Tier 2 dependent with same employer continuously now also using Tier 2 dependent visa.

My question is: will he be eligible to receive a new CoS for an ICT skilled worker visa, considering his UK tenure as below?

1.) from 09/09/2015 to 08/09/2016 on Tier 2 ICT short Term Visa
2.) from 06/12/2016 to 03/11/2021 on Tier 2 ICT Long Term Visa
3.) from 03/11/2021 to until now on Tier 2 General Visa dependent

So, now will he be eligible to receive a CoS for an ICT Skilled worker visa, because their company only prefers to give ICT not general category.

I would like to know if he should obtain a fresh ICT CoS. Considering the maximum total stay allowed together ICT term. He did not used any extension after his 5-year ICT visa expired on 03/11/2021."

Please let me know with this. Otherwise, he will drop it and continue as my dependent with an extension. The intention is for the company to cover the cost of his ICT visa, including dependent children. Later, they can pursue ILR through the 10-year route.

Thank you again for your assistance.

[zimba]

You do not need a new COS. Just apply before visa expiry and book the biometrics after 1 August. As per above, time spent wanting while working should count towards your ILR. Your dependant should extend under the skilled worker dependant visa. Moving to a different visa category like ICT changes his ILR timeline and prevents him from working for other employees, in case he needs to change his job. Do not touch his visa

[amkay]

No, you cannot use the initial submission date as that is irrelevant.
Your qualifying period starts from the first visa approval date only.
You have less than 5 years on your visa as the visa was issued until the end date of the COS. You and your dependants need an extension to cover up the shortfall in order to qualify for ILR

Could you please tell me when the "approval date" is exactly? Is it safe to use the HO(Atlas) approval email?

[amkay]

No, you cannot use the initial submission date as that is irrelevant.
Your qualifying period starts from the first visa approval date only.
You have less than 5 years on your visa as the visa was issued until the end date of the COS. You and your dependants need an extension to cover up the shortfall in order to qualify for ILR

Could you please tell me when the "approval date" is exactly? Is it safe to use the HO(Atlas) approval email?

Can someone respond to this, please? The reason that I ask this question is that my BRP issue date is almost two weeks after the approval email(Atlas), and I switched from a Tier-4 to a Tier-2 visa, so the exact starting date of the 5-year period is not clear to me. Is it safe if I use the date that I received the Atlas Application Successful email as the starting date? Or should I use the BRP issue date as the starting date of the qualifying period?

[vinny]

A BRP’s issue date may be delayed. A SAR may also confirm the date of grant of leave. Compare it with the HO(Atlas) approval email and let us know.