ILR application - qualifying period

[vyxntz]

Hi everyone,

I tried to find whether this was asked before but was unable to find something relevant for my visa route.
I am applying for an ILR through a Turkish Businessperson visa.

The guidance can be found here: https://assets.publishing.service.gov.u ... 3.0ext.pdf

I am slightly confused by the qualifying period on when I can apply for an ILR here, my dates are as follows:

First date of entry granted: 08/02/2017
First entry into UK: 20/02/2017
I have applied for an ILR (though did not book a UKVCAS appointment) today on 15/01/2022, which is within the 28 day range for my first entry granted, but not within my first physical entry into the UK.

The paragraph below is from the guidance document, which caused me the confusion;

`When applicants can apply
Caseworkers should be aware that applicants can apply for ILR up to 28 days before they will reach the end of the qualifying period. If they apply earlier than that, their application may be refused. The qualifying period will be 5 years immediately before the date they apply for ILR or the 5 years immediately before the date the ILR application is decided, depending on which is most beneficial for the applicant. If they have spent more than the required time in the United Kingdom, caseworkers should only consider the most recent 5 years as applicable.`

Reading the paragraph above I got the impression that if we rewind the clock 5 years before my application is decided, I would be eligible for an ILR. Now I have applied 5 years 36 days before I entered the UK physically. Considering it takes around 6 months to decide a case, would it be okay if I booked my UKVCAS appointment for 21/02/2022, therefore eliminating any possibility of getting a decision before the 5 year period? Or have I applied too early and need to cancel, wait another 8 days and apply again? If I do need to cancel, would I be able to get back the £2400 I spent on the application considering I have not booked a UKVCAS appointment yet?

Thanks in advance for the help!

[ywlgy]

You are good to proceed. You will be sure having spent 5 years before the decision date

[vyxntz]

Hi ywlgy,

Thanks for the response, this was reassuring to hear. Having dug through these forums, I read that this sort of thing has been a reason for refusal mainly for SET(LR) and SET(M) applicants. Is it because my route falls under SET(O) that I would be fine with proceeding with my application? Has anyone heard this sort of thing become an issue for ECAA SET(O) applicants?

My current leave expires in 2024, so I have plenty of time to withdraw my application and reapply when I fulfill all of the criteria instead of risking getting a refusal and losing the £2400 application fee.

[zimba]

There is no risk of refusal. You can get ILR within 28 days of completing your five years in the UK. This date can be the date of ILR decision. You should NOT read about the rules under the family route or long residence as they do not apply to you

[vyxntz]

Thank you both so much for your responses, I can now carry on with a peace of mind.

[amanjain861]

Hi,

Could you please let us know if you get a success in the ILR? I am in the same situation, thus outcome from your application will be good to know.

[clvr62]

please update your situation as it is very relevant to my case too