Request for Clarification – Earliest ILR Application Date | Skilled Worker Route

[Shilparama]

Hello Team, I need to know when I can submit my ILR application.

Initial Entry to UK: 19 August 2019 (ICT Dependant Visa)
• Route Change: Switched to Skilled Worker route (in-country application)
– Application Submitted: 5 August 2021
– Application Decision: 22 September 2021
– BRP Issue Date: 22 September 2021
– Current evisa Valid until: 28 August 2026

If the decision date of 22 September 2021 is taken as the start of my qualifying period, my ILR eligibility date (at 4 years and 11 months) would fall on 22 August 2026. However, my current visa expires on 28 August 2026, leaving me with only 5 calendar days between my earliest eligible application date and my visa expiry. This is an extremely narrow window, and I am concerned this may place me at risk of being unable to submit a valid ILR application in time. Please suggest if ILR clock starts in my skilled worker first visa submission date which is 5th August 2021? Thanks in advance for your patience and help.

[lolo2]

– BRP Issue Date: 22 September 2021

You will be eligible for ILR on 22 September 2021 + 5 years - 28 days.

The ILR application must be submitted before current visa expiry date and then arrange biometrics etc in a way so that the ILR decision is taken on that date (22 September 2021 + 5 years - 28 days) or later.

There is no risk, the validity of your current visa gives room to do everything within the eligible period.

[Shilparama]

Thanks for your reply. In my case first skilled visa given for 2 years 11 months for 3 years application hence I am getting 4 days before my visa expiry date. Most of visa holders get one month time since I lost one month in first visa I am not getting enough time. This happened with some people doing 2021 so can I consider in this case application submission date so that I get one month room for my ILR application?

[lolo2]

The date you submit the application for ILR is less relevant, it's the ILR decision date the most beneficial. That's the reason why I underlined that part.

You can apply well before the expiry date of your current visa and book biometrics at a later date, just need to ensure the decision is taken within eligibility - provided you meet the other requirements.

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