Question Regarding Set (O) Application

[pepesilvia89]

Hi there,

I will be applying for my ILR through the Skilled Worker Visa route. I had a few questions I was hoping to get someone's help with, as I'm a bit confused:

1. My history of staying in the UK is as follows:

- Arrived in the UK in Aug 2016 for my masters on a Tier 4 visa
- Switched to a Tier 2 visa in Sep 2018 that was valid till Sep 2021
- Moved to a Skilled Worker Visa upon renewal in Sep 2021, with validity till Sep 2024

For the question "When did you first enter the UK?", I would interpret this to be from Aug 2016, when I arrived to study.

However, under the question, the following text is included: "This is the date you entered the UK when the period of stay you are basing this application on started". As my time studying does not count towards the ILR application, would this mean I should use Sep 2018 (when I started working) instead?

2. If I should use the Aug 2016 date (student visa start), shall I share my travel history since then in the application?

3. The application form asks for the issue date and expiry date of my current BRP, and my current BRP only started in Sep 2021. There were no questions regarding previous BRPs that would apply toward the ILR application, so am I right in saying the UKVI system would automatically pick up this information?

I was planning on adding the details of my initial Tier 2 visa in a cover letter as an attachment to the application in any case.

Thanks in advance for the help!

[zimba]

1. This question is asked routinely here. That date is not important. It does not matter which one you enter. Your eligibility is determined as per the rules and your answers on the form do not change that.
2. Travel history should only cover the last 5 years, which is your qualifying period. This has nothing to do with the date you enter.
3. Correct

There is no need for a cover letter at all. These immigration forms are notorious for being confusing as they are riddled with redundant or irrelevant questions. Do not worry

[pepesilvia89]

Thanks for the help, appreciate it!

[pepesilvia89]

Hi Zimba / others,

I had a few follow-up questions that I was hoping to get some help on, as follows:

1. Based upon guidance I have read online and on this forum, the continuous residence is broken if you are absent for more than 180 days in any 12 month period for a Set (O) application

a. I had rung an immigration advisor, who actually said the threshold is 90 days rather than 180 days. I believe this information is incorrect, but wanted to confirm this just in case?

b. Can I confirm my understanding of how the days are counted. Let's say I leave the UK on Sunday 20th August and returned back on Sunday 27th August. Would the no. of days I have been away be 6 days, as both 20th August and 27th August will be counted towards my time in the UK?

c. To confirm, the 12 month period looked at is a rolling 12 month period, not 12 month intervals from the start of the assessment period?

d. While travelling in 2021, I got covid and had to extend my trip by 2 weeks. During this time, I ended up working remotely as I could not trabel, as agreed with my company. This trip pushes me just above 90 days in one 12 month period of assessment. I will be providing proof of this via a copy of my Covid test and relevant text confirming this in the annual leave letter from my company. I wanted to confirm this will not impact my application?

2. Would there be any drawback in sharing my travel history while on my student visa?

I know, as per Zimba's message above, travel history should only cover the qualifying period. However, the question is phrased as "Since you first entered the UK, have you had any absences from the UK", and as I first entered the UK on a student visa, I would interpret this to mean I need to also submit my travel history while I was a student?

[zimba]

You are overthinking the process as usual

1. There is no 90-day absence limit anywhere in the immigration rules. The 180-day absence limit is calculated on a rolling basis for each 365-day period. Only full days of absence count, so arrival and departure dates are excluded

2. The way questions are phrased on the form is irrelevant. Your application will not be decided based on what the form asks. I repeat that your application is strictly evaluated as per the UK immigration rules and official procedures. You may add extra details or irrelevant information but it has no influence on the outcome of your case. Applicants often do this to feel better but in reality, there is no positive weight added to your case. Absences outside your qualifying period are simply ignored

[pepesilvia89]

Thanks a lot for the reply zimba. I am definitely overthinking this, but as it is a very expensive application, just want to make sure I don't mess anything up!

Regarding your point that "only full days count, so arrival and departure dates are excluded", do you mean that only full days of absence count, or full days in the UK? In other words, to confirm, the arrival and departure days will be EXCLUDED from the absence calculation, and will therefore count towards my time in the UK?

[zimba]

Correct. They are NOT counted as absence