When am I Eligible to apply for ILR (BRP issue date or Vignette sticker date or Date of Entry)

[Chosi]

Hi,

I'm an Indian citizen with a Tier 2 General visa, and I'm going to apply for ILR soon.

I would like to know which date I can consider and when is the earliest I can apply for ILR please.

Vignette Visa Sticker - Valid From: 01/10/2018
1st BRP Date of Issue - 17/09/2018
Date of 1st Entry - 07/10/2018

Note: The big ambiguity for me is 1st BRP Date of Issue being before Vignette visa.

If I should consider,

Vignette Visa Date
01/10/2018 the five years completion date would be 30/09/2023 so considering the 28 days before 5 years would it be 02/09/2023 or 03/09/2023 or 04/09/2023 please

or

1st BRP Date of Issue
17/09/2018 the five years completion date would be 16/09/2023 so considering the 28 days before 5 years would it be 19/08/2023 or 20/08/2023 or 21/08/2023 please

or

Date of 1st Entry
07/10/2018 the five years completion date would be 16/09/2023 so considering the 28 days before 5 years would it be 08/09/2023 or 09/09/2023 or 10/09/2023 please

Also, I am planning to request my organization to issue the supporting letter and I read it can be only 28 day prior to the application date is this correct? if so, considering BRP Date of Issue, I can apply for ILR on 19/08/2023 so can I get the supporting letter on 22/07/2023 would that be ok? Also, kindly advise on the best practise when it would be best to get.

Also, I am planning to apply for the super priority visa 1 day processing, in this case when would be the earliest date I can create application, submit application, submit documentations and biometrics?

Sorry for the long message, kindly help me on the above queries.

Thanks in advance.

[zimba]

Use the earliest date, so it will be the first BRP date plus 5 years minus 28 days. That is the date you can submit it online and that will be your application date. Your letter needs to be issued within 28 days of that date

[Chosi]

Thank you so much for the response Zimba.

I tried to contact a local immigration lawyer, he was also shocked that BRP date is earlier than Vignette Visa and he mentioned its safer to go with entry date is this the case or is it better to go with BRP date please?

Also, should Biometrics date be after the 5 years period or can it also be within the 5years - 28 days period please, asking this as I might apply for Super Priority Visa as the decision would be taken earlier.

Also, can super priority visa be applied before completing 5 years please?

Thanks once again in advance.

[zimba]

Most immigration advisors are too incompetent to have even a basic understanding of these issues. Your BRP date is your actual visa approval date which you can use for your ILR. The vignette issue date is the date it was printed so it has a later issue date. Just ignore that date

Note that ILR can be approved within 28 days of completing your 5 years, so you do not even need 5 full years. Apply as instructed above

[Chosi]

Thank you so much Zimba, you are so clear on your messages its so helpful for me.

Forgive my understanding here from your previous post -

"Your letter needs to be issued within 28 days of that date" ---- so should I get the letter after the application when you say within 28 days of that date? or can I get it in advance because I read at some place we can get the letter 28 days before the application.

[zimba]

Up to 28 days prior to application submission

[Chosi]

Excellent, thank you so much.

I have few more queries please, I would be applying ILR through the 5 year skilled worker route,

1. What all documents would I need to submit?
2. I got a parking ticket should I disclose this in the application form? If Yes, under which section please.
3. I have got 3 points in my license as I crossed a red signal once - Failing to Comply with Traffic light signals (TS10)

In the ticket police provided it says court/fixed penalty office 100 pounds fine and I paid it in court as online services had issues.

Should I be disclosing this in the application form? If Yes, under which section please.

4. Would any of the above 2 affect my application in any means please?
5. I am divorced now, should I need divorce papers as well for the supporting documents? can this affect my application in any means? What all I might require for this particular situation?

Thanks much for the response in advance.

[zimba]

1. You get a document list at the end of your application
2. No
3. FPNs are advised to be declared, they have no effect on ILR if you just have a few (not a repeat offender).
4. No
5. Nothing to do with your application

[Chosi]

For Parking as well I got an Fixed Penalty so in this case should I be declaring it?

FPNs are advised to be declared, they have no effect on ILR if you just have a few (not a repeat offender). - Under which section please...

[zimba]

For Parking as well I got an Fixed Penalty so in this case should I be declaring it?

FPNs are advised to be declared, they have no effect on ILR if you just have a few (not a repeat offender). - Under which section please...

Parking tickets are often PCNs, not FPNs, you can ignore all PCNs.
I am not familiar with the online forms as they change regularly. There must be a section to declare convictions, etc

[Chosi]

Thanks for the response.

I downloaded a sample form which states the below,

7.1 Have you, or any dependants who are applying with you, ever been convicted of any criminal
offence in the UK or any other country?
You must give details of all criminal convictions, including spent convictions. This includes
convictions for road traffic offences, including drink-driving offences, but not fixed penalty notices
(such as speeding or parking tickets).

[b]I received an FPN but its a traffic offence right? so should I declare in this or [/b]

7.3 Have you, or any dependants who are applying with you, been subject to, or received, any
other penalty in relation to a criminal offence; for example caution, reprimand, warning, or similar
penalties in the UK or any other country?

or not in both actually please.

[zimba]

In that case you do not need to declare any

[Chosi]

Hi,

This is the exact question I am getting on the application.

Convictions and other penalties
At any time have you ever had any of the following, in the UK or in another country?(Required)
Only select one answer at a time. If you need to give more than one answer, you can do so on another page.
A criminal conviction
A penalty for a driving offence, for example disqualification for speeding or no motor insurance
An arrest or charge for which you are currently on, or awaiting trial
A caution, warning, reprimand or other out-of-court penalty
A civil court judgment against you, for example for non payment of debt, bankruptcy proceedings or anti-social behaviour
A civil penalty issued under UK immigration law
No, I have never had any of these

For Red Signal Violation which option should I be selecting please?
A penalty for a driving offence, for example disqualification for speeding or no motor insurance
or
A caution, warning, reprimand or other out-of-court penalty

Also, followed by this I get the following question,

Do you have any other
• criminal convictions
• driving offences
• outstanding criminal proceedings
• cautions or fixed penalty notices
• court judgments
• civil penalties for breaking UK immigration law


So I have got a parking ticket would I need to add that as well if so which option would it be please?
cautions or fixed penalty notices?

Thanks for your response....

[Chosi]

So I have got a parking ticket would I need to add that as well if so which option would it be please?
cautions or fixed penalty notices?
or
A caution, warning, reprimand or other out-of-court penalty
or
as parking tickets are PCN no need to submit this?

If I am not submitting would it better to mention this on the cover letter or leave it without mentioning please.

Thanks

[zimba]

So I have got a parking ticket would I need to add that as well if so which option would it be please?
cautions or fixed penalty notices?
or
A caution, warning, reprimand or other out-of-court penalty
or
as parking tickets are PCN no need to submit this?

If I am not submitting would it better to mention this on the cover letter or leave it without mentioning please.

Thanks

PCNs do NOT need to be declared. PCN does not constitute a driving offence. The application requires you to declare convictions

[Chosi]

Thanks Zimba... What about this please,

This is the exact question I am getting on the application.

Convictions and other penalties
At any time have you ever had any of the following, in the UK or in another country?(Required)
Only select one answer at a time. If you need to give more than one answer, you can do so on another page.
A criminal conviction
A penalty for a driving offence, for example disqualification for speeding or no motor insurance
An arrest or charge for which you are currently on, or awaiting trial
A caution, warning, reprimand or other out-of-court penalty
A civil court judgment against you, for example for non payment of debt, bankruptcy proceedings or anti-social behaviour
A civil penalty issued under UK immigration law
No, I have never had any of these

For Red Signal Violation which option should I be selecting please?
A penalty for a driving offence, for example disqualification for speeding or no motor insurance
or
A caution, warning, reprimand or other out-of-court penalty

[zimba]

Most driving minor violations and offences do not need to be declared unless you got a penalty for a driving offence.

[Chosi]

Hi Zimba, Thanks once again for the response.

I have got 3 points in my license as I crossed a red signal once - Failing to Comply with Traffic light signals (TS10)

In the ticket police provided it says court/fixed penalty office 100 pounds fine and I paid it in court as online services had issues.

Should I be disclosing this in the application form? If Yes could you kindly let me know which option should I be selecting of this,

Convictions and other penalties
At any time have you ever had any of the following, in the UK or in another country?(Required)
Only select one answer at a time. If you need to give more than one answer, you can do so on another page.
1. A criminal conviction
2. A penalty for a driving offence, for example disqualification for speeding or no motor insurance
3. An arrest or charge for which you are currently on, or awaiting trial
4. A caution, warning, reprimand or other out-of-court penalty
5. A civil court judgment against you, for example for non payment of debt, bankruptcy proceedings or anti-social behaviour
6. A civil penalty issued under UK immigration law
7. No, I have never had any of these

[zimba]

Number 2

[Chosi]

Thanks Zimba

One more query please...

Evidence of your absence from the UK and Crown Dependencies
What evidence will you provide to support the reasons for all absences from the UK and Crown Dependencies?
(Required)
You can select more than one option.
Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies
Letter from applicant detailing any exceptionally harsh consequences to them caused by the change in the way absences from the UK are counted
Official documents: (e.g. medical, birth or death certificates)
Letter from travel companies to evidence disruption to travel
Other

My Employer mentioned they don't provide any more evidence of absence letter as its not required any more, in this case what can be done please.

It was all regular vacations I took so not sure what would be the best evidence to attach in this case.

[Chosi]

Thanks Zimba

3 more query please...

Evidence of your absence from the UK and Crown Dependencies
What evidence will you provide to support the reasons for all absences from the UK and Crown Dependencies?
(Required)
You can select more than one option.
Letter(s) from employer(s) detailing reasons for work-related absences including periods of paid annual leave from the UK and Crown Dependencies
Letter from applicant detailing any exceptionally harsh consequences to them caused by the change in the way absences from the UK are counted
Official documents: (e.g. medical, birth or death certificates)
Letter from travel companies to evidence disruption to travel
Other

1. My Employer mentioned they don't provide any more evidence of absence letter as its not required any more, in this case what can be done please.

It was all regular vacations I took so not sure what would be the best evidence to attach in this case.

2. Date you first entered the UK
When did you first enter the UK?
(Required)
This is the date you entered the UK when the period of stay you are basing this application on started.

Here Should I enter,
1st BRP Date of Issue - 17/09/2018
Vignette Visa Sticker - Valid From: 01/10/2018
Date of 1st Entry - 07/10/2018 (This is when I was physically present in UK)

3. If 1st BRP Date of Issue or Vignette Visa Sticker for this what proof should I be submitting? and on leave break down what should I mention these leaves as?

Personal or Gap between Visa Issue and date of entry due to personal reasons or anything you would suggest

[CR001]

2. Date you first entered the UK
When did you first enter the UK?
(Required)
This is the date you entered the UK when the period of stay you are basing this application on started.

Here Should I enter,
1st BRP Date of Issue - 17/09/2018
Vignette Visa Sticker - Valid From: 01/10/2018
Date of 1st Entry - 07/10/2018 (This is when I was physically present in UK)

Honestly, this is such a basic question, not sure what is confusing you. It clearly asks for the date you first ENTERED the UK. It is not asking for date of visa issue or BRP issue.

3. If 1st BRP Date of Issue or Vignette Visa Sticker for this what proof should I be submitting? and on leave break down what should I mention these leaves as?

No specific proof. You will submit your passport pages that are all stamped!

[Chosi]

Thanks for the response Zimba...

I asked that because, if I give the date of entry on that particular question, there where no questions which is towards from when I am calculating 5 years....

Previously you mentioned I can take 1st BRP issue date to calculate 5 years but there was no questions based on that, is it self understood I am calculating from 1st BRP issue date?

On list of documents to be submitted also 1st BRP was not asked, so wasn't sure how case worker would look at it or know when my BRP was issued, this is why I asked the above...

Should I mention the same on cover letter? or case worker would know this by default?

[CR001]

UKVI have your immigration history.

Simply answer the questions based on what they are asking, not what you think is relevant. UKVI know what the rules are!

[Chosi]

Thank you...