ILR SET(O) – “When did you first enter the UK?” – previous business visit and ICT visa

[faizaan7]

Hello everyone,
I would appreciate some guidance regarding when my 5-year qualifying period for ILR starts after switching from an ICT visa to a Skilled Worker visa from inside the UK.

My immigration timeline is below:

• ICT visa expiry date: 31 July 2021
• Skilled Worker CoS start date: 26 July 2021
• Skilled Worker visa application submitted (inside UK): 26 July 2021
• Skilled Worker visa decision/approval date: 10 September 2021
• BRP issue date: 12 January 2022

The Skilled Worker application was submitted before my ICT visa expired, so there was no gap in lawful residence.
I understand that the ILR requirement is 5 years with permission in a qualifying route, but I am unsure which of the following dates the Home Office uses as the start of the qualifying period:

• Visa decision/grant date – 10 September 2021
• BRP issue date – 12 January 2022

My understanding is that the qualifying period may start from the date the Skilled Worker permission was granted, but I would appreciate confirmation from anyone who has dealt with a similar ICT to Skilled Worker switch.

Many thanks in advance for your guidance.

[zimba]

It starts from very first visa issue date (10 September 2021) as the COVID concession does not apply to you.

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

[faizaan7]

It starts from very first visa issue date (10 September 2021) as the COVID concession does not apply to you.

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

Thanks for the quick response, Zimba! I just wanted to confirm if my ILR clock doesn't necessarily start from the BRP issue date, because there was some logistical issue with issuing my BRP, and it took a long time for the Home Office to issue it, hence the long delay in BRP

[zimba]

For administrative reasons, an immigration document cannot be backdated. So if your visa was approved a week ago but the vignette was printed and affixed today, it will have today's date. Obviously, that BRP shows its issue date but your visa was in fact approved before that date. The BRP issue date then does NOT change the date your visa was approved.

[faizaan7]

For administrative reasons, an immigration document cannot be backdated. So if your visa was approved a week ago but the vignette was printed and affixed today, it will have today's date. Obviously, that BRP shows its issue date but your visa was in fact approved before that date. The BRP issue date then does NOT change the date your visa was approved.

This helps, thank you!

[faizaan7]

Hi all,
I am preparing my ILR application under the Skilled Worker route and have a question about the following field in the SET(O) application:

“When did you first enter the UK?
This is the date you entered the UK when the period of stay you are basing this application on started.”

My immigration/travel history is as follows:

4 November 2017: I visited the UK for approximately 3 weeks on a business visit. I returned to India afterwards.
19 July 2018: My ICT visa was issued/started.
25 July 2018: I entered the UK for the first time on my ICT visa.
26 August 2018: I left the UK and returned to India.
15 December 2018: I entered the UK again on my ICT visa and have remained in the UK continuously since then.
2021: I switched from ICT to Skilled Worker inside the UK, without leaving the UK.
26 July 2021: Skilled Worker visa application submitted
8 September 2021: Skilled Worker vIsa granted

I am now applying for ILR based on my qualifying residence/immigration history.

My question is specifically about what date should be entered in the “When did you first enter the UK?” field.

Would it be:

A. November 2017 – because that was technically my first-ever physical entry to the UK, although it was only a short business visit;

B. 25 July 2018 – because that was my first entry under my ICT visa, although I subsequently left the UK on 26 August 2018; or

C. 15 December 2018 – because that was the entry when my current continuous period of UK residence began, and I have remained in the UK since then?

D. 8 September 2021 - because the Skilled Worker visa started from that date

The wording about “the period of stay you are basing this application on” is what is causing my uncertainty.

Many thanks in advance for your guidance.

[zimba]

Read --> Which date to use: When did you first enter the UK