ILR earliest application date

[throwaway-rd-123]

Hi everyone,

Sorry if this question has already been answered, but I’d really appreciate some clarification on the earliest date I can apply for ILR.

Background:
I arrived in the UK on 26 December 2016 on a Tier 4 visa for a course that started on 9 January 2017 and ended in October 2020. Before the end of the course I managed to find a sponsored job and applied within the country to move to a Tier 2 visa with the following details:

Tier 2 Visa:
* COS assigned: 14 July 2020
* Visa application date: 14 July 2020
* Visa granted: 5 October 2020
* BRP valid from: 16 October 2020
* Visa valid until: 30 August 2023

I then extended my stay as a Skilled Worker with these details:

Skilled Worker Visa:
* CoS assigned: 26 July 2023
* Visa application date: 1 August 2023
* Visa granted: 8 August 2023
* Visa valid until: 12 September 2026

I’m trying to determine the earliest date I can apply for ILR. According to the Skilled Worker caseworker guidance, I need to have spent a continuous 5-year period in the UK (not as a dependant), in any combination of eligible routes, including Skilled Worker.
https://www.gov.uk/government/publicati ... accessible

The guidance also says that, due to COVID-19 disruptions, the time Tier 2 and Skilled Worker applicants spent working while waiting for visa decisions (between 24 January 2020 and 30 June 2021) counts towards the 5-year period, as long as they were in the UK with permission and the application met certain criteria.

My question:

My first CoS job (and when I actually started working) began on 17 August 2020—before I received my Tier 2 visa, but during the COVID concession period.

So, does the 5-year period start from 17 August 2020, meaning I could apply for ILR from 17 August 2025? Or do I need to wait until 16 October 2025, when my BRP started?

Has anyone had success applying using the concession? Also, does it make any difference if I opt for priority processing?

Thanks in advance for any advice!

[zimba]

You have been eligible for ILR for more than a month. Apply now

The qualifying period is counted from your first visa application date as per COVID concessions in place. The 28-day concession means you will be eligible for ILR (i.e. ILR can be granted) within 28 days of completing your 5 years. The date of ILR application is also largely irrelevant as the date of ILR decision determines it all.

Read: Applicants can benefit from the date of the ILR decision

[throwaway-rd-123]

You have been eligible for ILR for more than a month. Apply now

The qualifying period is counted from your first visa application date as per COVID concessions in place. The 28-day concession means you will be eligible for ILR (i.e. ILR can be granted) within 28 days of completing your 5 years. The date of ILR application is also largely irrelevant as the date of ILR decision determines it all.

Read: Applicants can benefit from the date of the ILR decision

Thanks a lot @zimba for your quick reply. I did think this was the case but wasn't completely sure and I will look to apply in the next couple of weeks.

A follow up question if you dont mind, one of the questions in the form relates to the date I first entered the UK, should I put down my 2016 date when I first entered on a student visa?

Thanks again

[zimba]

Yes, that date has no relevance to your ILR