Query on earliest date I can apply for ILR

[vb19819]

Hi all

I am in the UK on a Skilled worker visa (Tier 2). My family (wife and daughter) is also in the UK as my dependents. The entry visas for all of us were valid from 1st August 2020 onwards. I entered the UK on 11 August 2020. My family entered the UK on 4 October 2020 due to the COVID lock down.

The current skilled worker visa for all of us is valid till 11 May 2026.
Date of issue of 1st BRP cards for all of us - 17 August 2020.

May I know the earliest when I can apply for ILR - is it 28 days before 11th August 2025 ?

When is the earliest my family can apply for ILR ?

Will there be any problem if I apply earlier and they apply later ? Mainly because, once I get my ILR, does my skilled worker visa becomes invalid and their status being dependents.

Looking forward to your advise.

Regards

[zimba]

You are all eligible within 28 days of 1st August 2025. You getting ILR has no effect on their visas

[vb19819]

Thanks for the reply. One of the immigration advisors of my company told me that my family can only apply 28 days before 4th Oct 2025 (based on their entry date in the UK). So I am a bit confused. Please could you advise me any links in the Home office site that mentions this.

Thanks in advance

[zimba]

Thanks for the reply. One of the immigration advisors of my company told me that my family can only apply 28 days before 4th Oct 2025 (based on their entry date in the UK). So I am a bit confused. Please could you advise me any links in the Home office site that mentions this.

Thanks in advance

No. The immigration advisor is wrong and probably is mixing up the family/spouse Appendix FM route with the skilled worker route. The date of entry is irrelevant for people under the skilled worker route. The qualifying period start from the date of first visa approval

[vb19819]

Thanks a lot for the clarification

[vb19819]

Hi

Please could you also paste the link of the relevant Home office page that mentions this, so that I can challenge the advisor. As my company will partially support my ILR application, they insists that I go as per the advisor. But, with the recent developments related to white paper and all, if there is an option, I would like my family also to apply for ILR along with me.

Hope you understand my situation.

Thanks in advance,

VB

[zimba]

When someone makes a claim, the onus is on them to support their claims. They cannot demand others to disprove or challenge their claims. That is not how things work, so it is the job of the advisors to show their claims are correct. However, I have shown many times on the forum that the advice from some solicitors or advisors could be incorrect and wrong. The forum is filled with such cases where the applicants got terrible incorrect advice from solicitors and advisors. Anyway I am happy to accept yet another challenge of this sort with pleasure

For skilled workers and their dependents, the appendix continuous residence of the immigration rules tells you how the continuous residence should be calculated.

So this is what the official guide on appendix continuous residence says:

Counting the continuous residence period

Where a person is applying for settlement as soon as they qualify you will need to
calculate their period of continuous residence. See Check immigration history
section of this guidance on how to calculate the period of continuous residence.

In these instances, you must establish the date the applicant was granted entry
clearance. The time between the grant of entry clearance and the date of arrival is a
period during which they had permission on that route and should be treated as a
period of lawful residence. In these instances, you must establish the date the
applicant entered the UK. The time between the grant of entry clearance and the
date they entered the UK counts towards the total of absences.

Where the applicant is applying on the basis that they were born in the UK,
continuous residence is calculated from their date of birth.

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

[vb19819]

Hi Zimba,

Thanks a lot for the details.

Regards

[vb19819]

Hi Zimba,

I have one more query related to this. Before moving to the UK in August 2020, I was working with the same company (which is my current company also) in Europe. My offical UK employment contract is from 1st Oct 2020. Till 1st Oct 2020, I was paid by the European entity.
Will this have any impact on when I can apply for ILR ? Should I wait till 1st Oct 2025 minus 28 days ?

Looking forward to hearing from you.

[zimba]

Hi Zimba,

I have one more query related to this. Before moving to the UK in August 2020, I was working with the same company (which is my current company also) in Europe. My offical UK employment contract is from 1st Oct 2020. Till 1st Oct 2020, I was paid by the European entity.
Will this have any impact on when I can apply for ILR ? Should I wait till 1st Oct 2025 minus 28 days ?

Looking forward to hearing from you.

No. This is a not an issue

[vb19819]

Thanks Zimba. I will proceed with my application along with the dependents. Please could you clarify the below as well:

1) In the SET-O application, in the absences section, hope I only need to add the absences from UK during the last 5 years qualifying period ?
2) Should I also add the time between start date of entry visa sticker and 1st entry to UK as an absence in the absence section ?

3) In the conviction & penalties, should I add details of PCNs that did not result in points in license - for example bus lane, forgot to pay Dartford crossing charge etc ?

4) As I am planning to add my spouse in the application, they are asking "documentary evidence fo cohabitation since you were last granted leave (upto max of 2 years)". May I know what kind of documents could be used here please?

Thanks

[zimba]

1) Correct

2) No

3) PCNs do not need to be declared

4) See: All you need to know about cohabitation evidence

[vb19819]

Thank you.

So for cohabitation, does it mean that I need to submit need 3 evidence per year (total 6) for me as well as my parner ?

I changed my address around 1 year back. So can I add 3 evidence for old address and 3 for the new address for eac person?

Also, can salary slips, official letters from HMRC, NHS etc be treated as acceptable evidence ?

|regards

[zimba]

I think my advice under the link above covered all your questions. There is no official requirement, you can provide any evidence from any source showing you two lived under the same addresses over that last two years.

[vb19819]

Thanks Zimba.

I am uploading the evidences to TLS Contact site before my biometrics.

Regarding the co-habitation evidences, under whom should the evidences be uploaded - I am planning to upload evidences in my name and joint names under me & those under my partner under her name. Hope this is okay ?

Regards