ILR eligibilty queries based on dates

[Aiex]

Hi,

I am looking into settlement applications and found some varied information online. There are two instances below I wanted to see if anyone could help with to build on understanding for a lot more settlement applications (pending any changes to the criteria as per the immigration white paper).

Example 1)

The individual entered the UK on 18/05/2021, therefore their qualifying period would be 18/05/2026, they can apply 28 days early so from 20/04/2026. Their visa expires on 11/04/2026, so a shortfall of 9 days.

Is it safe to lodge and pay the fees on 06/04/2026 (which will give us 5 days before the expiry of the visa enabling us to request and receive an ECS check ensuring the individual can continue to work throughout the process) and delay the biometrics (and uploading of any supporting documents) until the middle of May so we do not receive a decision before they would qualify?

Example 2)

The individual arrived to the UK on 01/06/2021 however their entry clearance vignette was valid from 15/05/2021. Using the valid from date their qualifying period would be 15/05/2026, and they can apply 28 days before so from 17/04/2026. Calculating from 15/05/2021, they were not out of the UK for longer than 180 days in any rolling year including any time between their valid from date and actual arrival date (15/05/2021 to 01/06/2021).

Are we OK to use the valid from date as the start of their qualifying period? As an example, if their visa expires on 25/04/2026, are we OK to apply on 17/04/2026 using their valid from date as the start date for their qualifying period, and the end date of the qualifying period would be 15/05/2026?

Thanks in advance for any support/thoughts/suggestions!

[CR001]

Skilled Worker route qualifying period starts from.visa issue date.

Different visa routes have different rules. Best to focus on only your route rather what might apply to routes you are not on

[Aiex]

Skilled Worker route qualifying period starts from.visa issue date.

Different visa routes have different rules. Best to focus on only your route rather what might apply to routes you are not on

Thanks. The first RTW check confirms "They have permission to work in the UK from 9 April 2021" so I assume this is the visa issue date and the start of the qualifying period.

This means they can apply from 12th March 2026 (28 days earlier).

The ILR application specifically asks "When did you first enter the UK?" but I guess this is irrelevant - they have the visa issue date and will calculate from that date +5 years -28 days and check the application was made on or after this date?

Must I count the time between visa issue date and arrival to UK date as an absence from the UK and counting towards the 180 days in any rolling year period?

[zimba]

The date of entry is irrelevant

READ --> All you need to know about applying early, the application date, 28-day concession and more

[Aiex]

The date of entry is irrelevant

READ --> All you need to know about applying early, the application date, 28-day concession and more

Thanks. So the entry is irrelevant, the application can be lodged at any point where we are sure that based on the biometric date a decision will be made on or after 12th March 2026.

I guess there's no requirement for a cover letter to explain this and it should just be approved using this calculation for any number of ILR applications?

[zimba]

You do not need to explain the immigration rules to the UKVI