ILR Application for Skiller worker visa

[KrishnaSamyuth]

Hi everyone,
I would appreciate some advice regarding my Skilled Worker ILR eligibility.
My timeline is as follows:
* BRP start date: 2 August 2021
* Visa vignette valid from: 16 August 2021
* CoS employment start date: 6 September 2021
* Entered the UK: 14 September 2021
* Started work: 15 September 2021
I have remained on the Skilled Worker route since then with no gaps in permission.
I have calculated my absences by excluding both the departure and return dates, in line with the Home Office guidance. My maximum absence in any rolling 12-month period (2022-2023)is 173 days, so I believe I am within the 180-day limit.
My question is:
1)Would my 5-year qualifying period for ILR start from the visa valid-from date (16 August 2021), or from the date I first entered the UK (14 September 2021)?

2)Based on my understanding, if the qualifying period starts from 16 August 2021, I believe I would be eligible to apply from 19 July 2026 (28 days before completing five years). Could anyone with experience or knowledge of the current Skilled Worker ILR rules confirm whether this is correct?

3)Also I would like to will my absence be any issue? Do we need to address it to home office while applying for ILR ?


Thank you in advance for your help.

[zimba]

1. The date of entry is irrelevant. Qualifying period starts from very first visa issue date

2. The earliest date of your ILR eligibility is 2 August 2021 + 5 years - 28 days

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

3. Absences within the limits should not be a problem.

You need an employer letter: All you need to know about the sponsor letter for Skilled Worker route

[KrishnaSamyuth]

Thank you so much Zimba for replying.

I spoke to one solicitor and he says that since i have almost passed 28 days from the entry of my Visa which is 16th August 2021 and entered on 14th September 2021 Home office may raise a query and he asked me to apply based on my entry date

Also he said that my absence needs to be addressed and on that point as well he is saying home office may raise a concern.. The reason for my absence is some personal emergencies and that too its not continuous

Both these points are concerning me , Should i agree to solicitor or should i apply as per my Visa dates which you have said

[zimba]

Solicitors are spewing rubbish most of the time. The quality of advice these people give is horrifyingly bad. There are many topics on the forum with terrible advice from solicitors, where I had to demonstrate as being totally wrong and terrible.

Their advice on the qualifying period, literally contradicts the official guide and the immigration rules:

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.

From Continuous Residence Guide: https://assets.publishing.service.gov.u ... ce__1_.pdf

Also your absences are within limits and approved by the employer. So how does this raise any concerns at all and why ??? There is nothing to worry at all

[KrishnaSamyuth]

Thank you @Zimba once again for clearing my questions