New biometric appointment availability

[nealry]

I need some guidance please regarding ILR application. I am under a Tier 2 General (Skilled Worker) visa and here is my scenario:

Date of Visa Application: 25 September 2018
Start date of my first relevant visa: 8-Oct-2018
Earliest date that we were physically in the UK: 11-Dec-2018
Expiry date of our current visa: 2-Sept-2023

Question: Can we use the Visa Application Date 25 September 2018 as a reference for counting the continuous period in the UK? I am planning to apply as close to the expiry of your current visa as possible (ie after 28 August but before 2 September) thereby meeting one of the stated criteria for calculating the specified continuous period. Quoting some of the guides I see from official guidelines:

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.

You 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

and also:

Breaks of leave and allowable absences
For any acceptable breaks of leave, the period spent outside of the UK will count towards the 180 days allowable absence. This includes any time:

• while their leave remains valid
  after the expiry of their leave
  while the entry clearance application was under consideration
  before they entered the UK once entry clearance had been granted

Ref: https://www.gov.uk/government/publicati ... bookmark29

Thanks in advance!

[CR001]

I need some guidance please regarding ILR application. I am under a Tier 2 General (Skilled Worker) visa and here is my scenario:

Date of Visa Application: 25 September 2018
Start date of my first relevant visa: 8-Oct-2018
Earliest date that we were physically in the UK: 11-Dec-2018
Expiry date of our current visa: 2-Sept-2023

Question: Can we use the Visa Application Date 25 September 2018 as a reference for counting the continuous period in the UK? I am planning to apply as close to the expiry of your current visa as possible (ie after 28 August but before 2 September) thereby meeting one of the stated criteria for calculating the specified continuous period. Quoting some of the guides I see from official guidelines:

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would reach the end of the specified period.

You 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

No, you cannot. Your qualifying period starts from the visa issue date. The piece you reference above clearly states 'counting backwards' and relates to your ILR application date NOT your initial visa application date. You can apply for ILR within 28 days before 8th October.

Breaks of leave and allowable absences
For any acceptable breaks of leave, the period spent outside of the UK will count towards the 180 days allowable absence. This includes any time:

• while their leave remains valid
  after the expiry of their leave
  while the entry clearance application was under consideration
  before they entered the UK once entry clearance had been granted

Ref: https://www.gov.uk/government/publicati ... bookmark29

Thanks in advance!

Not sure what your question is regarding this. Presumably you are referring to the gap between visa issue date and entry to the UK date. This is part of your 180 days absence allowed in any 12 month rolling period.

[zimba]

The application date refers to the ILR application date
As Char pointed out, the wording 'counting backwards' makes this clear.

To avoid confusion, this is what it actually says:

You must calculate the relevant qualifying period by counting backward from whichever of the following is most beneficial to the applicant:
• the date of ILR application
• the date of ILR decision
• any date up to 28 days after the date of ILR application

Also see: How to apply early and benefit from the date of the ILR decision ?

[nealry]

I think I understand this now. If we submit the application on 29-August based on the Initial Application date, counting backwards... 29th of August in 2018, we have not even filled out the Visa application form yet Next question then.. we will have to apply for UK Tier 2 visa extension. Can I apply for 1 year only or does it have to be 3 years?

[zimba]

It is the date of first visa approval + 5 years - 28 days. That is the earliest date you can be granted ILR.

Tier 2 route does not exist anymore so they are now skilled worker dependants. The extension visa period is fixed. After your ILR, your dependants will be granted 3 years of visa if they apply.

[nealry]

Our visas our expiring at the same date unfortunately, 2-Sept-2023.. so I will have to apply for extension for all of us, is that correct? 3x application cost, 3x IHS fee..

[amit2453]

I think you apply to extend just for 6 month or 1 year and then apply for ILR. I got my skill worker visa for 1 year.

[CR001]

Our visas our expiring at the same date unfortunately, 2-Sept-2023.. so I will have to apply for extension for all of us, is that correct? 3x application cost, 3x IHS fee..

Apply for ilr shortly before visa expiry and book biometric appintment later, within the 28 days before eligible.

[zimba]

Our visas our expiring at the same date unfortunately, 2-Sept-2023.. so I will have to apply for extension for all of us, is that correct? 3x application cost, 3x IHS fee..

No ---> How to apply early and benefit from the date of the ILR decision ?

[nealry]

Our visas our expiring at the same date unfortunately, 2-Sept-2023.. so I will have to apply for extension for all of us, is that correct? 3x application cost, 3x IHS fee..

No ---> How to apply early and benefit from the date of the ILR decision ?

I came with my husband to the UK initially and we have the same timelines:

Start date of my first relevant visa: 8-Oct-2018
Earliest date that we were physically in the UK: 11-Dec-2018
Expiry date of our current visa: 2-Sept-2023

28 days before 8th of October is 10th of September and so we are about 8 days short before we can apply for ILR. Our daughter was born in the UK but her dependent visa is also expiring on 2-Sept.

[zimba]

Simply apply for ILR before visa expiry and then book your appointment on or after 10 September 2023. There is no need for an extension. UK born child does not need ILR or a valid visa anymore as she can be registered as Britsih once you get ILR

[nealry]

Simply apply for ILR before visa expiry and then book your appointment on or after 10 September 2023. There is no need for an extension. UK born child does not need ILR or a valid visa anymore as she can be registered as Britsih once you get ILR

wow. if this works then we would have saved £££££££££.

[zimba]

This is common knowledge and it is based on the rules. I already provided the link

[nealry]

Appreciate all your guidance and the rest of the contributors.

[nealry]

Simply apply for ILR before visa expiry and then book your appointment on or after 10 September 2023. There is no need for an extension. UK born child does not need ILR or a valid visa anymore as she can be registered as Britsih once you get ILR

Won't our child be an overstayer? We applied for a visa for her because we had to go out to the PH and we needed a BRP so we can enter the UK again. Her BRP expires on the 2nd of Sept too.

[zimba]

UK-born child overstaying has no effect on her entitlement to British citizenship

[nealry]

Just coming back to this thread to share some update.
We have received the result of ILR application today and very happy to share that we have been approved. Thanks to all the admins of this group for your help. Greatly appreciated.

[AmazonianX]

Just coming back to this thread to share some update.
We have received the result of ILR application today and very happy to share that we have been approved. Thanks to all the admins of this group for your help. Greatly appreciated.

Congratulations