ILR Eligibility For Skilled Worker Visa

[sarfazahmed19]

Hi All,

Hoping someone would be able to help me.
I have got my skilled worker visa first vignette from 11/04/2021 till 10/07/2021.

My flights were booked to fly on 17/04/2021. I was tested positive for coronavirus on 15/04/2021 so couldn't fly. Later India was added to Red List on 23/04/2021 and removed on 11/10/2021.
I got my second vignette from 11/10/2021 to 09/01/202 and I entered UK on 30/11/2021. I have all the evidence like the flight booking, coronavirus test and the emails between me & HR that I couldn't fly because of coronavirus. My current skilled worker visa expires on 14/04/2026. The eVisa on the UKVI account is showing the immigration status valid from 11/10/2021 to 14/04/2026.

I cant figure out when does my ILR clock start, is it from first vignette which is 11/04/2021 or from the second vignette which is 11/10/2021.

I have been reading the case worker guidance page(https://assets.publishing.service.gov.u ... idence.pdf) where they have mentioned under the heading "Calculating the qualifying period for 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.

Does the above mean I could use first vignette as my ILR clock start date where as those 233 days would be counted as the lawful residence and those would count towards absences which exceeds the allowance of 180 days. I was hoping to use the discretion route as they have mentioned under the "Permitted absences"
If an absence is for one of the following reasons it will not count towards the 180-day limit or 184-day/548-day limits:
• travel disruption due to a natural disaster, military conflict or pandemic

I am not sure if I have met the qualifying period of continuous residence of 5 years.

Any help is appreciated.

[zimba]

The qualifying period is counted from very first visa issue date. However, you have larger than 180 days gap which normally breaks your continuous residence. Any discretion is up to the UKVI

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

[sarfazahmed19]

Thanks for your reply Zimba. I am thinking the same that I broke the continuous residence but they have mentioned(https://assets.publishing.service.gov.u ... idence.pdf) if it is permitted absence than it would not count towards absence which means the continuous residence is not broken, isn't it?

Permitted absences
This section explains what types of absences are permitted.
If an absence is for one of the following reasons it will not count towards the 180-day
limit or 184-day/548-day limits:
• if the applicant was assisting with a national or international humanitarian or
environmental crisis overseas
• travel disruption due to a natural disaster, military conflict or pandemic

[zimba]

That is a discretion. Again, any such discretion is up to the UKVI

[sarfazahmed19]

Thanks again Zimba. What is your suggestion, should I go for ILR application before my current visa expire(14/04/26) or extend the skilled worker visa say for 6 months and then apply ILR in September 2026.

[zimba]

Thanks again Zimba. What is your suggestion, should I go for ILR application before my current visa expire(14/04/26) or extend the skilled worker visa say for 6 months and then apply ILR in September 2026.

The choice is yours. I do not know whether UKVI will exercise discretion or not in your favour

[sarfazahmed19]

Thanks Zimba.