Can I use first Tier2 visa application date to calculate prior 28 days to apply for ILR?

[danrash]

Hi All,

I have been in the UK for (almost) 4.5 years on a Tier 2 General/Skilled Worked Visa.

My very first visa application date was 20/Nov/2020.

My initial visa vignette in my passport was granted from 30/Nov/2020 Onwards. However I only travelled to the UK on 17/Dec/2020 and started my job on 4/Jan/2021.

Can I apply 28 days before 20/Nov/2020 or 28 days before 30/Nov/2020?

I saw conflicting information on Gov.uk so wasn't sure. The information/guidelines I saw Gov.Uk are as follows:

1. calculating the specified continuous Period

Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.

You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:

1.1 the date of application

1.2 the date of decision

1.3 any date up to 28 days after the date of application

2. Breaks of leave and allowable absences

For any acceptable breaks of leave, the period spent outside of the UK will count towards the 180 days allowable absence. This includes any time:

2.1 while their leave remains valid

2.2 after the expiry of their leave

2.3 while the entry clearance application was under consideration

2.4 before they entered the UK once entry clearance had been granted

Above using 2 bold highlighted guidelines (1.1 & 2.3) , can I use 20/Nov/2020 i.e. Date of first visa tier 2 application and calculate 28 days prior from this respective date to apply ILR?

Note: I will not exceed my 180 days limit in 12 months period If I use any of the dates.

Looking forward for guidance from you all.
Thanks in advance!

[CR001]

The reference to date of application, as it very clearly states, is the settlement application date counting BACKWARDS and NOT your initial entry clearance application date abroad.

This is answered multiple times every day!!

[danrash]

Hi
Thank you so very much for your reply.

So looking at my dates. Can I apply on 3/Nov/2025 for ILR as y initial visa vignette in my passport was granted/started from 30/Nov/2020.

Will be extremely grateful for your response.

Thanks.

[lolo2]

It's the date of ILR decision the most beneficial in your case. The date of ILR application is less relevant.

You can apply for ILR even before 30 Nov 2020 + 5 years - 28 days and then ensure that a decision is made within that timeframe - i.e. booking biometrics accordingly etc.

[zimba]

Applicants can benefit from the date of the ILR decision

[danrash]

It's the date of ILR decision the most beneficial in your case. The date of ILR application is less relevant.

You can apply for ILR even before 30 Nov 2020 + 5 years - 28 days and then ensure that a decision is made within that timeframe - i.e. booking biometrics accordingly etc.

Hi
Thank you so very much for your reply.
Following to your reply, is it possible that I press submit button and pay for the application on 22/Oct/2025 but the Biometric date I choose is 3/Nov/2025?
As 30 Nov 2020 + 5 years - 28 days starts from 2/Nov/2025

Will be extremely obliged for your reply.
I am trying to calculate it because of the current ILR rule proposals in the news.

Thanks alot.

[lolo2]

Yes, that's possible.