ILR continuous period in UK from date of application or date of BRP issue date if already in the UK?

[tej_san]

I am confused with various dates on which ILR continuous period of 5 years are considered.

I switched my visa within UK from Tier 2 ICT to Tier 2 General Dependent, the various dates involved were:
29th Nov 2018 - Application submitted in the UK to switch to Tier 2 General Dependent visa
23rd Jan 2019 - BRP issue date (printed on my BRP card)
9th Dec 2023 - BRP valid until (matching with my wife's BRP end date)

I arrived in UK on Tier 2 ICT visa in 2016 and my wife was my dependent. Later in 2018, my wife got sponsored by her employer for Tier 2 General visa. For that she had to leave the UK to apply for her visa. She applied from out of the UK and got her BRP with the below dates:
22nd Nov 2018 - BRP issue date (printed on her BRP card)
23rd Nov 2018 - My wife entered into the UK with Tier 2 General visa
9th Dec 2023 - BRP valid until

Her start and end date in her RCoS was 15th Oct 2018 to 14th Octo 2023.

With all the above dates, I want to know on which date -
1. My wife (main applicant) becomes eligible to apply for ILR
2. I (her dependent) become eligible to apply for ILR

Appreciate your response as it's quite confusing.

Thanks in advance

[CR001]

1. My wife (main applicant) becomes eligible to apply for ILR

No sooner than within 28 days before the 5th anniversary of the initial visa issue date in 2018.

2. I (her dependent) become eligible to apply for ILR

No sooner than within 28 days before the 5th anniversary of the initial dependent visa issue date in January 2019.

[vinny]

Continuous residence.

Start of qualifying period:

Wife - Tier 2 (General): issue date of entry clearance.
Dependant: issue date of BRP.

[tej_san]

Thanks both for your quick replies.

It's pretty clear about my wife's ILR eligibility. However, I am now more concerned as the end date on my BRP is same as my wife's which is 9th Dec 2023. If my BRP issue date is considered (which is 23rd Jan 2019) then I can not apply for ILR earlier than 25th Dec 2023 (28 days earlier). What happens about the period from 9th Dec (my BRP end date) to 25th Dec?

Does that mean I have to extend my visa for 16 days paying full 3 year visa fees plus IHS?

If that's the case, I am really baffled by the processing time of 2 months taken by the Home Office to issue me a BRP. As I did the right thing by applying for my visa as soon as my wife got hers. She got it on 22nd Nov out of the UK as required by the Home Office. For me it was possible to apply within the UK and I did that on 29th Nov 2018 and I have paid 5 years of visa fees and 5 years of IHS. If the issue date is considered, I have got my visa lesser than 5 years!

On the gov.uk 'Calculating continuous period' document, I have found -
https://assets.publishing.service.gov.u ... 2.0ext.pdf
"Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application
"

Here it says date of application. And it makes sense those who are applying within the UK, the date of application should be considered as we can't control the Home Office application processing times. It may take 5 days for priority service and can take upto 2 months for Standard application!

Any idea if I can apply for ILR along with my wife without applying for my visa extension for merely 2 weeks?

Thanks.

[CR001]

The date of application reference in the piece you quote is relevant to ILR not the date you applied for a dependent visa in the past!