Date of entry and qualifying period for ILR

[SumitC]

Hi Gurus,
Need your help on ILR submission for myself(main applicant) and my family.

Here is the situation:

Main Applicant:
Visa start date : 15/05/2017
Visa end date: 14/06/2017
BRP start date: 01/05/2017
BRP end date: 21/05/2022
UK entry(physically) : 08/06/2017

Spouse:
Visa start date : 15/05/2017
Visa end date: 14/06/2017
BRP start date: 01/05/2017
BRP end date: 21/05/2022
UK entry(physically) : 08/06/2017

Child: (under 18)
Main Applicant:
Visa start date : 15/05/2017
Visa end date: 14/06/2017
BRP start date: 28/03/2017 (different from us)
BRP end date: 21/05/2022
UK entry(physically) : 08/06/2017

We were outside of UK only for 7 days between 2017 and 2018.

Questions:

1. What will be date of entry in application for 3 of us?

2. When is the qualifying period start for us?

3. Is it different start date of qualifying period for child?

4. When can i submit my application?

[domink27]

My understanding is that the visa is the BRP and so use the BRP date that works for all 3 of you less 28 days, so that would be 15/5/2017, so you should be able to apply starting 17/4/2022 for all 3 of you.

The entry vignette is just a entry sticker to allow you to enter and collect BRP, it’s not a date that impacts qualifying period since you entered the UK within a month of your BRP being issued

Not sure why the 7 days outside UK between 2017 and 2018 has been mentioned

[ywlgy]

Hi Gurus,
Need your help on ILR submission for myself(main applicant) and my family.

Here is the situation:

Main Applicant:
Visa start date : 15/05/2017
Visa end date: 14/06/2017
BRP start date: 01/05/2017
BRP end date: 21/05/2022
UK entry(physically) : 08/06/2017

Spouse:
Visa start date : 15/05/2017
Visa end date: 14/06/2017
BRP start date: 01/05/2017
BRP end date: 21/05/2022
UK entry(physically) : 08/06/2017

Child: (under 18)
Main Applicant:
Visa start date : 15/05/2017
Visa end date: 14/06/2017
BRP start date: 28/03/2017 (different from us)
BRP end date: 21/05/2022
UK entry(physically) : 08/06/2017

We were outside of UK only for 7 days between 2017 and 2018.

Questions:

1. What will be date of entry in application for 3 of us?
08/06/2017
2. When is the qualifying period start for us?
01/05/2017 for you and spouse, 28/03/2017 for child
3. Is it different start date of qualifying period for child?
Yes
4. When can i submit my application?
28 days before 01/05/2022 for all of you, your child cannot apply before you although their start date is earlier than you.

[SumitC]

My understanding is that the visa is the BRP and so use the BRP date that works for all 3 of you less 28 days, so that would be 15/5/2017, so you should be able to apply starting 17/4/2022 for all 3 of you.

The entry vignette is just a entry sticker to allow you to enter and collect BRP, it’s not a date that impacts qualifying period since you entered the UK within a month of your BRP being issued

Not sure why the 7 days outside UK between 2017 and 2018 has been mentioned

Thanks for your suggestion....do you want to recheck of reply as for us BRP start date is 01/05/2017 and for child it is 28/03/207....your reply sugegst to take vignette start date (15/5/2017)for qualifying period. I have mentioed 7 days absence between 2017 and 2018 as i will have consider days between date of entry clerance and uk landing date as absence from UK... and it should be within 180 days for absence between 2017-2018 so in my case i am good

[SumitC]

Hi Gurus,
Need your help on ILR submission for myself(main applicant) and my family.

Here is the situation:

Main Applicant:
Visa start date : 15/05/2017
Visa end date: 14/06/2017
BRP start date: 01/05/2017
BRP end date: 21/05/2022
UK entry(physically) : 08/06/2017

Spouse:
Visa start date : 15/05/2017
Visa end date: 14/06/2017
BRP start date: 01/05/2017
BRP end date: 21/05/2022
UK entry(physically) : 08/06/2017

Child: (under 18)
Main Applicant:
Visa start date : 15/05/2017
Visa end date: 14/06/2017
BRP start date: 28/03/2017 (different from us)
BRP end date: 21/05/2022
UK entry(physically) : 08/06/2017

We were outside of UK only for 7 days between 2017 and 2018.

Questions:

1. What will be date of entry in application for 3 of us?
08/06/2017
2. When is the qualifying period start for us?
01/05/2017 for you and spouse, 28/03/2017 for child
3. Is it different start date of qualifying period for child?
Yes
4. When can i submit my application?
28 days before 01/05/2022 for all of you, your child cannot apply before you although their start date is earlier than you.

Thanks for your suggestion....if i follow home office guidance as below....it suggests to consider 15/5/2017(entry clerance date) for start of qualifying period.Please suggest.

Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK may be counted toward the qualifying period. Any absences between the date of issue and entry to the UK count towards the 180 days allowable absence in the continuous 12-month period. The applicant does not need to provide evidence to demonstrate the reason for delayed entry.
If the delay is more than 180 days, you can only include time after the applicant entered the UK in the continuous period calculation.

[vinny]

If your Immigration categories are covered by the Continuous Residence Guidance, then that’s correct. The qualifying period for ILR may start from the issue date of the Entry clearance vignette.

[SumitC]

If your Immigration categories are covered by the Continuous Residence Guidance, then that’s correct. The qualifying period for ILR may start from the issue date of the Entry clearance vignette.

Thanks vinny.I am not sure if it is relevent here...My joining date was 12/06/2017 which is around 1 month after the date of entry clerance(15/05/2017)....Should i still consider date of the Entry clearance vignette as start of qualifying period?

Based on your suggestion, does answer for the questions look correct to you?

1. What will be date of entry in application for 3 of us in application?
08/06/2017

2. When is the qualifying period start for us?
15/05/2017
3. Is it different start date of qualifying period for child?

4. When (date) can i submit my application?
After 16/04/2022

[SumitC]

If your Immigration categories are covered by the Continuous Residence Guidance, then that’s correct. The qualifying period for ILR may start from the issue date of the Entry clearance vignette.

Thanks vinny.I am not sure if it is relevent here...My joining date was 12/06/2017 which is around 1 month after the date of entry clerance(15/05/2017)....Should i still consider date of the Entry clearance vignette as start of qualifying period?

Based on your suggestion, does answer for the questions look correct to you?

1. What will be date of entry in application for 3 of us in application?
08/06/2017

2. When is the qualifying period start for us?
15/05/2017
3. Is it different start date of qualifying period for child?

4. When (date) can i submit my application?
After 16/04/2022

Any suggestions?