Advice/Help ILR via SWR and Covid Concession

[kx_1014]

I completed my application for ILR via 5 years Skilled Worker route, submitting biometrics on Wednesday Feb 26th using super priority as I knew the wait would cause me a lot of anxiety. I used my application date of March 20, 2020 to calculate the 5 year continuous period because I meet all the criteria for the below covid concession and the visa decision was made almost 3.5 months later due to covid delays and the closure of all the biometric centres. I included a cover letter with my application that exlained that I was using this guidance to calculate my 5 years and supplied documents to show I met all the criteria.

<sup>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</sup>

Wednesday afternoon I recieved an email saying that they can't decide about my application in the 24 hr period. It then said I wasn't elligible to apply until the 18th of May this year, so it is using the date of decision and completely ignoring the guidance and my cover letter explaining why I've applied at this time. It told me I should withdraw my application because if it moves forward it is likely to be rejected. It makes no mention of the guidance about the covid concession or my cover letter.

I've emailed the documents email that was included asking why this guidance isn't being taken into consideration. I'm just hoping someone on here can offer any advice or guidance? Did a caseworker actually look at my application and just decide to completely ignore the guidance about allowing decision time (and also make no mention of this in the email to me) or is this a computer just flagging my application as too early?

I know this covid concession has been mentioned on here before but I haven't seen anyone who has actually used it. I didn't use a lawyer because every person I talked to agreed my application was super straight forward and simple because the Home Office has clearly stated this covid concession and I have no dependants and I've barely left the UK in 5 years. I'm terrified I'm going to lose all the momey I paid and I don't have the money to pay it again.

Just coming on here as I am super stressed and panicking and could just really use some support/advice.

[zimba]

The caseworker has made an error.
So I suggest to complain: https://www.gov.uk/government/organisat ... -procedure

[kx_1014]

So you think someone looked at this and just ignored what I wrote in my cover letter? My worry is someone won't reply to the complaint quick enough and then my applcation will be denied.

It said I had 10 days to respond or withdraw it or it would be decided (and presumably denied). I have emailed the documents line (it was the only email given in the message) asking why the guidance and my cover letter were ignored but I have no ideal if anyone is ever going to respond. I don't know what to do. If I withdraw I'll lose the money but I'm worried letting it get denied will be even worse.

[zimba]

Mistakes do happen. If you are refused, you will be able to file an administrative review. However, this is unlikely, as such clear error will be picked up by them

[havesleepy]

Hi,

I'm in the same situation as well where my COS date issue was also Mar 20, 2025 and got my BRP on June - Could you update this thread on whats going to happen to your case

[zimba]

Hi,

I'm in the same situation as well where my COS date issue was also Mar 20, 2025 and got my BRP on June - Could you update this thread on whats going to happen to your case

COS issue date has no relevance to ILR

[aveo08]

Hi
Is there any update about your situation, did the case worker reply to rectify their error of not upholding covid concession.
Interested because i will be in a similar situation.
Thanks

[RFA]

Are you all certain that the covid concession actually works the way everyone has stated above in the thread. Can anyone identify the actual document, please?

[RFA]

I believe there is a misunderstanding regarding the use of COVID concessions to count an earlier date for ILR eligibility.

The Home Office has never allowed people to use the date of application (or any earlier date) instead of the actual visa grant date to start the five-year ILR clock under the Skilled Worker route (or the former, Tier 2).

The five-year period for ILR starts from the visa grant date (as shown on the BRP or decision letter), not the date of application submission.
Even if someone applied in March 2020 but received the BRP in September 2020, the five-year period only starts in September 2020.
COVID concessions did not reduce the ILR qualifying period.

The Exceptional Assurance scheme only helped prevent overstaying but did not allow earlier ILR eligibility.

Similarly, the COVID Visa Concession Scheme (CVCS) allowed certain individuals stuck abroad to return but did not affect ILR rules.

The only flexibility in ILR timing is the 28-day early application rule. Skilled Worker visa holders can apply 28 days before completing 5 years, but no further concessions exist.

This means that if someone’s BRP shows a visa start date of September 2020, they can apply for ILR in August 2025 at the earliest (28 days before completing 5 years). There is no provision allowing them to count time from before the visa was granted.

Anyone claiming otherwise is misinterpreting the rules. Always refer to official Home Office guidance instead of forum speculation.

For reference, the latest Home Office rules on ILR:
https://www.gov.uk/settle-in-the-uk

[RFA]

Please correct me, if this is not the case.

I believe there is a misunderstanding regarding the use of COVID concessions to count an earlier date for ILR eligibility.

The Home Office has never allowed people to use the date of application (or any earlier date) instead of the actual visa grant date to start the five-year ILR clock under the Skilled Worker route (or the former, Tier 2).

The five-year period for ILR starts from the visa grant date (as shown on the BRP or decision letter), not the date of application submission.
Even if someone applied in March 2020 but received the BRP in September 2020, the five-year period only starts in September 2020.
COVID concessions did not reduce the ILR qualifying period.

The Exceptional Assurance scheme only helped prevent overstaying but did not allow earlier ILR eligibility.

Similarly, the COVID Visa Concession Scheme (CVCS) allowed certain individuals stuck abroad to return but did not affect ILR rules.

The only flexibility in ILR timing is the 28-day early application rule. Skilled Worker visa holders can apply 28 days before completing 5 years, but no further concessions exist.

This means that if someone’s BRP shows a visa start date of September 2020, they can apply for ILR in August 2025 at the earliest (28 days before completing 5 years). There is no provision allowing them to count time from before the visa was granted.

Anyone claiming otherwise is misinterpreting the rules. Always refer to official Home Office guidance instead of forum speculation.

For reference, the latest Home Office rules on ILR:
https://www.gov.uk/settle-in-the-uk

[zimba]

I believe there is a misunderstanding regarding the use of COVID concessions to count an earlier date for ILR eligibility.

The Home Office has never allowed people to use the date of application (or any earlier date) instead of the actual visa grant date to start the five-year ILR clock under the Skilled Worker route (or the former, Tier 2).

The five-year period for ILR starts from the visa grant date (as shown on the BRP or decision letter), not the date of application submission.
Even if someone applied in March 2020 but received the BRP in September 2020, the five-year period only starts in September 2020.
COVID concessions did not reduce the ILR qualifying period.

The Exceptional Assurance scheme only helped prevent overstaying but did not allow earlier ILR eligibility.

Similarly, the COVID Visa Concession Scheme (CVCS) allowed certain individuals stuck abroad to return but did not affect ILR rules.

The only flexibility in ILR timing is the 28-day early application rule. Skilled Worker visa holders can apply 28 days before completing 5 years, but no further concessions exist.

This means that if someone’s BRP shows a visa start date of September 2020, they can apply for ILR in August 2025 at the earliest (28 days before completing 5 years). There is no provision allowing them to count time from before the visa was granted.

Anyone claiming otherwise is misinterpreting the rules. Always refer to official Home Office guidance instead of forum speculation.

For reference, the latest Home Office rules on ILR:
https://www.gov.uk/settle-in-the-uk

That is incorrect.
How are you so sure ??? The skilled worker rules literally tell you about this concession.
Since when GOV.UK is a reliable reference ???

See: https://www.immigrationboards.com/viewt ... 4#p2187200

[RFA]

I am not an immigration advisoror making any claims. I am here to find the answer to the same question, but I cant find anything that explicitly states on the government publications, which matches this (see below, copied from original post) or anything that explicitly state the impact of Covid-19 on future ILRs.

"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."

[zimba]

So you refuse to acknowledge the immigration rules and the official Skilled Worker caseworker guidance ??
Maybe you should refrain from commenting confidently on these issues if you have little to no experience in this area

[RFA]

Once again, I am not a professional and only here to find the actual government publication that answers the question, which relates to "the impact of Covid on ILR applications", which was quoted in the original post. I have been pointed towards Skilled Worker caseworker guidance, but I can't find relevant information that explicitly states the impact of Covid on ILR applications; I am not looking for confrontation but assistance. Would you be able to help me navigate the actual section in the link below that I answers the query, please; thank you.

Skilled Worker caseworker guidance (accessible) - GOV.UK https://www.gov.uk/government/publicati ... accessible

So you refuse to acknowledge the immigration rules and the official Skilled Worker caseworker guidance ??
Maybe you should refrain from commenting confidently on these issues if you have little to no experience in this area

[RFA]

Found it but why didnt the case worker not follow it

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

[zimba]

Errors sometimes happen. This is not that unusual.

[RFA]

What about dependent partner and child of skilled worker; for example, if the dependent partner applied in Mid October 2020 and recieved their BRP in Mid Nov 2020. Whereas the child was born in the UK (and registered as dependent child) but is not even one years of age, hence not close to 5 years period. What is the earliest they (child and partner) could apply? And if they can't apply with the main applicant (partner) what is the course for them? Thank you.

[zimba]

What about dependent partner and child of skilled worker; for example, if the dependent partner applied in Mid October 2020 and recieved their BRP in Mid Nov 2020. Whereas the child was born in the UK (and registered as dependent child) but is not even one years of age, hence not close to 5 years period. What is the earliest they (child and partner) could apply? And if they can't apply with the main applicant (partner) what is the course for them? Thank you.

Please refrain from posting your queries on this topic, so start your own post. Dependants do not benefit from any concessions. Children do NOT have a min residence requirement. The child will follow the immigration path of the less privileged parent and settle with them.