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When can start our application?

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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imb2020
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Posts: 20
Joined: Mon Aug 24, 2020 2:25 pm
United Kingdom

When can start our application?

Post by imb2020 » Sun May 01, 2022 9:37 pm

Many thanks in advance for reading this post. I am holding a Tier 2 visa and can apply for ILR in 2023. May I ask how early (considering the 28 days rule) can I and our family submit the application?

1. My first Tier 2 visa was submitted on 16 April 2018 outside the UK. The first visa was valid from 3 June 2018 and I entered to the UK on 23 June 2018.

2. My husband and my daughter got their dependent visa on 10 Sep 2018 and enter to the UK on 1 Oct 2018.

3. My little daughter was born in the UK in 2019 and doesn't have UK visa yet.


We didn't leave the UK more than 90 days in any 12 months. We want to get the ILR as early as possible. My understanding is that

A) the earliest day that I can submit my application is on 05 May 2023 (28 days calculated staring from 3 June 2018 - visa starting date). I can apply with my little daughter together.

B) My husband and my elder daughter can submit their application on 12 Aug 2023.

After checking the "calculating the continuous period" document, I got confused and wonder if the start point of the 5 years can be the date of application on 16 April 2018, then I can submit application on 18 March 2023.

The document said " 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."


Thank you again for any of help.

imb2020
Newly Registered
Posts: 20
Joined: Mon Aug 24, 2020 2:25 pm
United Kingdom

Re: When can start our application?

Post by imb2020 » Sun May 01, 2022 9:58 pm

Sorry, need to amend the date. My first visa was issue on 03 June 2018 (as shown on the BPR) and the UK entey clearance was valid from 16 June 2018 (as shown on passport).

imb2020
Newly Registered
Posts: 20
Joined: Mon Aug 24, 2020 2:25 pm
United Kingdom

Re: When can start our application?

Post by imb2020 » Sun May 01, 2022 11:07 pm

Don't know how to edit the post, but I think I can submit my application 28 days on 5 May 2023 based on the visa issue date 3 June 2018, right?

My next question is can I submit the application with my UK born kid?

The ILR application date refers to the fee payment date,.not the bio appointment date, right?

ywlgy
Senior Member
Posts: 650
Joined: Mon May 03, 2021 5:05 pm
United Kingdom

Re: When can start our application?

Post by ywlgy » Sun May 01, 2022 11:48 pm

imb2020 wrote:
Sun May 01, 2022 9:37 pm
" 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."
This date of application is of your ILR application, not original tier 2 application.
imb2020 wrote:
Sun May 01, 2022 11:07 pm
Don't know how to edit the post, but I think I can submit my application 28 days on 5 May 2023 based on the visa issue date 3 June 2018, right?Correct

My next question is can I submit the application with my UK born kid?The UK born kid should apply together with your husband because kid can only apply ILR when both parents qualify

The ILR application date refers to the fee payment date,.not the bio appointment date, right? Payment date
DISCLAIMER: Advice given is based on my past experience and/or my interpretation of Immigration Rules and UKVI documents.

ywlgy
Senior Member
Posts: 650
Joined: Mon May 03, 2021 5:05 pm
United Kingdom

Re: When can start our application?

Post by ywlgy » Sun May 01, 2022 11:54 pm

Alternatively, the UK born kid can apply for citizenship directly after you get ILR
DISCLAIMER: Advice given is based on my past experience and/or my interpretation of Immigration Rules and UKVI documents.

imb2020
Newly Registered
Posts: 20
Joined: Mon Aug 24, 2020 2:25 pm
United Kingdom

Re: When can start our application?

Post by imb2020 » Sun May 01, 2022 11:57 pm

ywlgy wrote:
Sun May 01, 2022 11:54 pm
Alternatively, the UK born kid can apply for citizenship directly after you get ILR
Thank you so much for your kind reply. Really appreciated

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