ILR 5 years qualifying period count

[rza22]

Hi,
I am on T2 general visa. My first issued BRP shows valid date from 14/04/2017 (I have second BRP issued in 2020), passport 1 month entry clearance date shows valid from 06/05/2017 to 05/06/2017. I entered UK on 14/05/2017. I am not clear which date will be the reference date when counting 28 days application rule. Many thanks.

[mitra_krishna]

Hi,
I am on T2 general visa. My first issued BRP shows valid date from 14/04/2017 (I have second BRP issued in 2020), passport 1 month entry clearance date shows valid from 06/05/2017 to 05/06/2017. I entered UK on 14/05/2017. I am not clear which date will be the reference date when counting 28 days application rule. Many thanks.

As far as I remember, the 28 days is counted from the landing date in the UK, i.e., 14/05/2017. So, around 18 April 2022, you can apply for ILR. However, others can inform better, as I am slightly rusty.

[zimba]

It is from the earliest date of visa approval, so the date on your first BRP. Add 5 years minus 28 days
Note that many immigration documents cannot be backdated, so a sticker may have a later date because it was issued later but your eligibility is based on your visa approval date which could be earlier than another document's issue date. Your first-ever issued BRP often has the visa approval date.

[rza22]

Hi Zimba,
Many thanks for the reply. In the application form it says "6.1 When did you (the main applicant) first enter the UK? This refers to the date you entered the UK at the beginning of the period of stay on which this application is based." Here I have to enter "14/05/2017" based on my passport stamp. So, how they should count it based on BRP issue date 14/04/2017?
Cheers

[zimba]

Hi Zimba,
Many thanks for the reply. In the application form it says "6.1 When did you (the main applicant) first enter the UK? This refers to the date you entered the UK at the beginning of the period of stay on which this application is based." Here I have to enter "14/05/2017" based on my passport stamp. So, how they should count it based on BRP issue date 14/04/2017?
Cheers

The answer to that question is NOT used to calculate the qualifying period.

[CR001]

Hi Zimba,
Many thanks for the reply. In the application form it says "6.1 When did you (the main applicant) first enter the UK? This refers to the date you entered the UK at the beginning of the period of stay on which this application is based." Here I have to enter "14/05/2017" based on my passport stamp. So, how they should count it based on BRP issue date 14/04/2017?
Cheers

The date entered is entirely separate to the qualifying date. If you entered the UK on the 14th May 2017, then that is the correct date for the question. It doesn't ask you anything other than the actual date you entered.

Please bear in mind that UKVI is well aware of the rules and which date is the start of the qualifying period.

[rza22]

Thank you Zimba and CR001,
My wife, daughter, and I all arrived at the same time and they are on a T2 General Dependant pass. They, like me, are qualified to apply for ILR.

1. I intend to apply for a super priority service for me only, and I will submit a separate application later for them (my daughter's passport expired and waiting for application submission for a new one). I believe nothing wrong with this, they can apply separately, RIGHT?
2. I guess, they'll have to fill out the SET(O) form as well. Is it possible for them to apply together or would they have to submit separate applications?

Best regards.

[zimba]

1. Correct
2. They all can apply using one SET(O) application

[SumitC]

Hi rza22,
My case is very close to as yours.
Did you get the decision?

[SumitC]

1. Correct
2. They all can apply using one SET(O) application

Hi Zimba,
In this case on point 2, am i correct to say that....dependent needs to apply for set(M) as main applicant will have ILR by the time their application will be processed.

[CR001]

No, dependents apply on set O.

Set m is for those who hold a qualifying spouse settlement visa for 5 years as the spouse of a person settled or a British citizen.

[SumitC]

No, dependents apply on set O.

Set m is for those who hold a qualifying spouse settlement visa for 5 years as the spouse of a person settled or a British citizen.

Hi CR001,
My case is very close to this one....could you please have a look on this thread and help me on my 4 questions?
indefinite-leave-to-remain/date-of-entr ... l#p2062022

[rza22]

Hi Sumit,
No I haven't applied yet. I found that My BRP issue date is 24/04/2017 (not 14th as mentioned before), Vignette Issue date 06/05/2017. According to Zimba's advice I was thinking of considering BRP date minus 28 days, but the last reply you received from Vinny on your above link created another confusion. Not sure why Vinny is suggesting Vignette date to consider as a reference date.
Thanks

[vinny]

Normally, an entry clearance vignette is issued before a BRP? But perhaps it’s different now?

[rza22]

I don't know this. But, in the Vignette I can see: Valid from 06/05/2017---Valid until 05/06/2017. I entered UK on 14/05/2017. I collected my BRP after arriving in the UK. In the BRP I can see: Place and date of issue UK 22/04/2017-- Valid until 28/05/2022.

[rza22]

sorry, In the BRP I can see: Place and date of issue UK 22/04/2017-- Valid until 28/05/2017.

[vinny]

Very strange. Perhaps use the earlier date as the start of your qualifying period?

[vinny]

My guess is that they decided to grant leave 22/04/2017. Then there was a delay in issuing the vignette?

[rza22]

This is what Zimba has explained before in the post, I believe.

[dev-ag]

@rza22 did you apply. If yes, what date did you use?

[rza22]

Hi All, this is the summary.
My First BRP issue date: 22/04/2017.
Vignette valid from: 6/05/2017.
I entered UK: 14/05/2017.
I made ILR application: 28/03/2022.
UKVCAS appointment: 13/04/2022.
Received Successful decision email: 14/04/2022.
Thank you everyone for valuable comments.

[rza22]

Hi All, this is the summary.
My First BRP issue date: 22/04/2017.
Vignette valid from: 6/05/2017.
I entered UK: 14/05/2017.
I made ILR application: 28/03/2022.
UKVCAS appointment: 13/04/2022.
Received Successful decision email: 14/04/2022.
Thank you everyone for valuable comments.

Please note that my application date was based on the BRP reference date, but because I didn't get an earlier UKVCAS appointment date, the appointment date was based on the Vignette reference date.