The Earliest date to Apply for settlement on Skill Work Or Business Visa.

[Legend1]

Hi Dear Mods,
I was reading the policy guidance for Work Visa settlement on page 10 it says :

“ 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 “

I am trying to understand the qualifying period for continuous residence under the 5-year route. I understand that the earliest date I can apply is 28 days before completing the qualifying period. So I want to know when the qualifying period starts counting. Is it from the day my first initial application was submitted or from the date the Leave to Remain was granted ?

Initial Application date 21/12/2018
Visa issued: 3/4/2019.
Since the leave granted, I was only out of country for 80 days.

Earliest date to apply: 23/11/2023 ?

I understand that under the 5-year route, the time between 21st Dec 2018 to 2nd April 2019 could count as an absence.

Also i would like assistance regarding
My wife Tier1 (Ent) Dep application
which was submitted on 07/11/2019
Visa issues date : 19/11/2019. ( BRP)
Vignette (Sticker) valid from : 03/12/2019
Entered UK 22/12/2019.
No absence since entered.
Earliest date to apply for Dep ILR : ?

Thanks in Advance.

[CR001]

Your qualifying period starts fro the date your initial visa was issued. It is not the date you applied for the visa.

Same for your dependents.

I understand that under the 5-year route, the time between 21st Dec 2018 to 2nd April 2019 could count as an absence.

Not sure how you concluded this. It is not how it works. Your qualifying period starts on 3 April 2019.

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 “

The piece you quote has not be read correctly it clearly says counting backwards, ie from the date you apply for ILR, not your initial visa.

[Legend1]

Thanks CR001,

The first point cleared,
But could you elaborate the following : wether its also about the upcoming decision or previous (initial) decision when the leave was granted initially ?

* the date of decision
* any date up to 28 days after the date of application.

Thanks in advance

[CR001]

Thanks CR001,

The first point cleared,
But could you elaborate the following : wether its also about the upcoming decision or previous (initial) decision when the leave was granted initially ?

* the date of decision
* any date up to 28 days after the date of application.

Thanks in advance

It is the date of decision COUNTING BACKWARDS when you apply for ILR and your application is being considered. It has nothing to do with the date you applied initially for your visa.