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ILR qualifying date

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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BenzBoy
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ILR qualifying date

Post by BenzBoy » Sat Jul 01, 2023 2:35 pm

My Tier 2 Skilled Worker dependent visa was granted on 15/10/18. But I entered the UK on 26/10/18.

Dates on passport vignette: valid from 15/10/18 until 14/11/18
Date of issue on BRP: 19/10/18

The date I actually entered the UK: 26/10/18

Expiry date of my current BRP: 27/09/23

As I understand from the official guidelines:
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"Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.
One 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, one can apply for ILR 28 days before the qualifying period."
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My question to the esteemed members is: will '5 years less 28 days' will be counted from 15 October 2018 (vignette visa issue date), 19/10/28 (BRP issue date) or 26 October 18 (actual UK entry date in the UK)?

My current BRP expires on 27/09/23 and I have plans to travel abroad later this month, be back mid-Sept and apply for ILR around 25/09/23 just before my existing BRP expires.

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CR001
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Re: ILR qualifying date

Post by CR001 » Sat Jul 01, 2023 2:46 pm

Qualifying date is the date your initial visa was issued.
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BenzBoy
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Re: ILR qualifying date

Post by BenzBoy » Sat Jul 01, 2023 2:51 pm

Thank you so much for a swift response.

Meaning, I can treat the start date on the vignette as the date of my initial visa and apply 5 years less 28 days of that date? Even though I actually entered the UK a fortnight after that?

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CR001
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Re: ILR qualifying date

Post by CR001 » Sat Jul 01, 2023 2:54 pm

Yes, visa vignette start date. Date of entry is completely irrelevant for PBS and PBS dependent visa holders.

This is answered multiple times every single day on the forum!
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BenzBoy
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Re: ILR qualifying date

Post by BenzBoy » Sat Jul 01, 2023 3:00 pm

Thank you so much. I did read about Section C trawling through 100s of pages but was still confused.

Thanks again!

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CR001
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Re: ILR qualifying date

Post by CR001 » Sat Jul 01, 2023 4:19 pm

Section 3c has nothing to do with the start of the qualifying period!!
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BenzBoy
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Re: ILR qualifying date

Post by BenzBoy » Mon Jul 03, 2023 12:11 am

Thanks, that shows my ignorance!

My final question: qualifying period being applicable from visa vignette start day holds true for dependent visa holders as well?

The reason I ask is as I was advised by someone that for dependents it is the entry date in the UK and not the visa vignette start date.

It does not make sense to me so I thought I will double-check!

Thanks again for your help.

AmazonianX
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Re: ILR qualifying date

Post by AmazonianX » Mon Jul 03, 2023 5:10 am

BenzBoy wrote:
Mon Jul 03, 2023 12:11 am
Thanks, that shows my ignorance!

My final question: qualifying period being applicable from visa vignette start day holds true for dependent visa holders as well? Yes, from visa vignette Issuance.

The reason I ask is as I was advised by someone that for dependents it is the entry date in the UK and not the visa vignette start date. Wrong

It does not make sense to me so I thought I will double-check!

Thanks again for your help.

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