These paragraphs are being
incorrectly interpreted by applicants all the time as they do not know the context at all. The earliest date of ILR
eligibility is within 28 days of completing your 60 months in the UK. That is when you can be
granted ILR. Note that the visa expiry is irrelevant.
In the past, applicants could apply for a
same-day decision (in the old UKVI premium visa centres), so the date of application and the date of the decision were effectively the same. In those circumstances, if such a person applied earlier than the date above, they would not be eligible for ILR on
that date, hence their application could be refused. So if you are not eligible on the
date of the ILR decision, then this could be problematic.
This is no longer an issue as you are required to apply online now and your application is NOT
decided until after your biometrics is enrolled.
So the date of application and the date of the decision are no longer on the same day. Given that your lawful residence is calculated on the date of
ILR decision, the date of application is no longer that critical anymore and most applicants could continue to accumulate lawful residence until the day UKVI is about to
make a decision on their ILR. The date of the ILR decision is therefore the most important date and this date almost always will be AFTER the date of application and the biometrics.
With the above in mind, the note that reminds you that you could be refused if you apply early is not that alarming.
You can learn more here:
Applicants can benefit from the date of the ILR decisionAdvice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
