Request for Clarification on ILR Eligibility for Dependents Affected by COVID-19 Delays.

[skilledworker2025]

Hello Everyone,

I hope this message finds you all well.

I am seeking guidance before proceeding with my wife and son’s applications for Indefinite Leave to Remain (ILR). I would greatly appreciate your clarification regarding their eligibility in light of circumstances related to the COVID-19 pandemic.

I currently hold ILR status; however, my dependents remain on Skilled Worker Dependant visas, which are valid until 10 July 2025. Their delayed entry to the UK in 2020 due to international travel restrictions caused by COVID-19 meant they were unable to join me as originally planned. Below are the relevant dates and background details:

Key Dates:
1. Initial Vignette Valid From: 30 March 2020
2. BRP Issue Date: 16 March 2020
3. Second Vignette Valid From: 21 July 2020
4. Actual Entry to the UK: 17 August 2020

Due to the suspension of international flights beginning 22 March 2020, my wife and son were unable to travel to the UK. They continuously followed up with the visa application center and were eventually issued a second vignette once services resumed. Upon receiving their passports, I booked their flights immediately, and they entered the UK on 17 August 2020.

Their BRPs show a start date of 16 March 2020, even though their physical entry was delayed by 154 days due to the pandemic — a situation beyond our control.

My questions are as follows:
1. Were they eligible to apply for ILR as early as February 2025, based on the BRP issuance date or initial vignette stamp date?
2. Or must they wait until July 2025, in line with their first entry date?
3. What is considered the official start of their qualifying 5-year period —
 - the first vignette date (30 March 2020),
 - the BRP issue date (16 March 2020),
 - the second vignette (21 July 2020),
 - or their actual entry date (17 August 2020)?

When I applied for ILR, I recall being asked when I physically entered the UK. If the qualifying period must be counted from 17 August 2020, then unfortunately their current visa will expire just 8–9 days before they become eligible for ILR — which would mean significant costs to extend for such a short gap.

Additional Context and Request:

Given the unique challenges presented by COVID-19, would it be reasonable to apply for ILR now, citing exceptional circumstances, supported by a cover letter? We did everything possible to comply with immigration procedures and acted promptly once restrictions were lifted. The Home Office issued a new vignette but not a new BRP — which raises further questions about how the qualifying period is determined in such cases.

I understand there may be others in similar situations and have been checking official channels for any concession or policy update that may apply to those whose ILR eligibility was affected by pandemic-related travel delays. It would be disheartening to incur thousands in additional visa and IHS fees for only a few days' difference in eligibility.

I apologise for the length of this message, but I wanted to provide a complete and clear account of the situation. I would be truly grateful for your guidance on how best to proceed.

Thank you in advance for your time and advice.


Warm regards,

[zimba]

This is a very straightforward case. The earliest date of ILR eligibility for them was (16 March 2020 + 5 years - 28 days). They have been eligible for ILR since February. The date of entry is irrelevant and they are within the 180 days max absence limit. Apply for them now using form SET(O).

[skilledworker2025]

Thank you, Zimba. We appreciate your guidance and support. I will be starting the application today.

We were put off when we got the below advice from an immigration specialist -

The earliest possible application date for ILR is 28 days before the five-year anniversary of being given leave to enter the UK rather than the date of actual entry to the country. This means the time taken between being issued a visa and coming to the UK is included. However, if this time was more than 90 days then this will not be included and the anniversary date/qualifying period should be based from the date of entry to the UK. You should apply for ILR before your visa expires.

[zimba]

The advice is wrong. There is no 90 days limit.

https://assets.publishing.service.gov.u ... ce__1_.pdf

[skilledworker2025]

Hello Zimba,

Good evening, and thank you for your previous response.

Since my wife will study and take the life in the UK test in a few weeks time, I wanted to continue and process my son's ILR application.

Since I will be processing his application first and I am already on an ILR, do I use the set(O) form for him or do I process the Set (F) form? He is 10 years old.

Please advise.

[zimba]

You cannot do that. Children do not have a min residence requirement but they are only able to settle when both parents are settled. They should apply using SET(O) together

[skilledworker2025]

Thank you, Zimba. Appreciate the quick response.

[skilledworker2025]

Hello Zimba and other Gurus,

Hope all is well at your end.

My wife has passed the required tests, and we are now filling out her application form. Please try and help me with some questions asked on the application form -

1. Which visa am I, the main sponsorship holder applying for or been granted? (I now have my ILR, however there is no ILR option here, so am I missing something or do I need to pick Skilled worker Visa option, as that was the visa route for me?)

Follow up question to the above, do you have one of these reference numbers for main holder? (Over here, do I add my initial visa reference number from 2020 or ILR reference number from earlier this year, 2025?)

2. Under Immigration History the question is, When did you first enter the UK? (Will this be the date my wife and son physically entered the UK I.e. 17 August 2020, or will it be the date of their BRP I.e. 16 March 2020? If it is the actual entry date, then how does the Home office recognise we are requesting they consider their entry clearance date?

3. Also, where do I show the period between entry clearance being issued and the applicant entering the UK? Since per advice received, any absences between the date of issue and entry to the UK count towards the 180 days allowable absence in the continuous 12-month period.

So, where do I show this absence between 16/03/20 to 17/08/20? I was considering showing this absence/ gap in the “Which countries did you visit or travel through when absent from the UK and Crown Dependencies?”; however, to show it there it asks us for the date they left the UK, and actually they were still waiting to enter, so where do I show this absence in their application form so that their entry clearance date can be considered?

4. My wife and sons current visa expires on the 10/07/2025. So even if I submit their application and pay the ILR fees by 03/07/2025, I know we might need to wait another 5 to 7 days to get the biometric appointment.

So, given the above I have two questions:

A) Are we fine if we make the payment this week and in case they only have their biometric appointment after the 10th of July? Does that put them at any risk of being without permission?

B) My wife is currently working full time, so can she continue to work after the 10th of July while we are waiting on a decision, even though her visa has run out? Please note, we will be paying the priority fee to get a quick decision; however, if she can continue to work, what does she need to share with her employer?

5. Do I need to add a cover letter to explain to the Home Office to accept my application on the basis that my family could not enter the country after their entry clearance due to Covid travel restrictions?


Thanks for your patience and appreciate your help.


Thanks & Regards

[zimba]

1. Their ILR is based on your previous visa route

2. That question does not matter. Enter the date they first entered the UK. ILR eligibility has nothing to do with that questions

3. You do not need to show anything anywhere at all. UKVI simply counts that period as they see it on their systems

4. Section 3C protection applies.

I explained it here: Applicants can benefit from the date of the ILR decision

5. You do not need a cover letter