ILR Queries

[Saad64]

Hi

I have been reading through some of the posts in the forums and they have helped a lot in understanding the ILR process. I have a few specific questions and would appreciate if someone can answer these please.

1 - So I arrived in the UK on 3 March 2019 so technically I would complete my 5 years in the UK on 3 March 2024. The start date on my visa was 6 February 2019. As far as I understand, I can apply for ILR 28 days before i complete my 5 years in the UK, so do i need to consider 28 days from 3 March or 6 Feb?

2 - As far I understand once I have submitted the application online, then i would need to book an appointment for biometric. So my question is if i submit the application online before 28 days and then book the biometric within 28 days period, would that be fine, since my full application i-e with the biometric would be going within 28 days?

3 - Lastly my question is regarding time spend outside of the UK, So i haven't spend more than 180 days in any year outside the UK so that would be fine. However the letter that my sponsor had issued me states that i am allowed annual leave of 27 days each year. However there are two years where I spent more than 27 days outside the UK , I was working remotely from my home country. Would this cause any problem and do we need to mention this on somewhere in the application or sponser letter?

[CR001]

Useful to state what your visa category is? Different visas have different rules and requirements. It is not a one size fits all for ILR.

[Saad64]

Sorry i should have stated before. I am on Skilled worker visa (Tier 2) and with same employer for 5 years period

[CR001]

1 - So I arrived in the UK on 3 March 2019 so technically I would complete my 5 years in the UK on 3 March 2024. The start date on my visa was 6 February 2019. As far as I understand, I can apply for ILR 28 days before i complete my 5 years in the UK, so do i need to consider 28 days from 3 March or 6 Feb?

Your qualifying period starts from your initial visa ISSUE date and not the date you entered the UK. What date was your initial visa vignette valid from?

2 - As far I understand once I have submitted the application online, then i would need to book an appointment for biometric. So my question is if i submit the application online before 28 days and then book the biometric within 28 days period, would that be fine, since my full application i-e with the biometric would be going within 28 days?

Doable yes.

3 - Lastly my question is regarding time spend outside of the UK, So i haven't spend more than 180 days in any year outside the UK so that would be fine. However the letter that my sponsor had issued me states that i am allowed annual leave of 27 days each year. However there are two years where I spent more than 27 days outside the UK , I was working remotely from my home country. Would this cause any problem and do we need to mention this on somewhere in the application or sponser letter?

The letter simply needs to state your absence. How long did you work remotely for?

[Saad64]

Thanks for your responses CR001

So the start date per Initial visa vignette was 4 Feb 2019. So i have work back from this date, this means i can apply anytime after 7th of January 2024?

Your qualifying period starts from your initial visa ISSUE date and not the date you entered the UK. What date was your initial visa vignette valid from?

So the start date per Initial visa vignette was 4 Feb 2019. So i have work back from this date, this means i can apply anytime after 7th of January 2024?

The letter simply needs to state your absence. How long did you work remotely for?

The Letter right now just states that i am allowed 27 days of annual leave each year, as the company says they have previously issued same letter to other people without issues. So for one year i worked remotely for one week and for the other I worked remotely for one month (because I had caught Covid and couldn't fly back without a negative report).

[CR001]

So the start date per Initial visa vignette was 4 Feb 2019. So i have work back from this date, this means i can apply anytime after 7th of January 2024?

Your qualifying period starts from your initial visa ISSUE date and not the date you entered the UK. What date was your initial visa vignette valid from?

So the start date per Initial visa vignette was 4 Feb 2019. So i have work back from this date, this means i can apply anytime after 7th of January 2024?

Correct, you could have applied already.

The letter simply needs to state your absence. How long did you work remotely for?

The Letter right now just states that i am allowed 27 days of annual leave each year, as the company says they have previously issued same letter to other people without issues. So for one year i worked remotely for one week and for the other I worked remotely for one month (because I had caught Covid and couldn't fly back without a negative report).

The letter needs to state all your absences were authorised.

All you need to know about the sponsor letter for Skilled Worker route

[Saad64]

Thanks CR001

The sponsor letter also states that I started working with the company from 11th of March 2019, which is true since this is the date of my first working day with the company. I arrived on 3rd of March 2019 and as i said previously my visa started from 4th of Feb 2019.

So If i submit an application now, it won't be issue right that I only officially started working from 11th of March 2019.

[CR001]

Thanks CR001

The sponsor letter also states that I started working with the company from 11th of March 2019, which is true since this is the date of my first working day with the company. I arrived on 3rd of March 2019 and as i said previously my visa started from 4th of Feb 2019.

So If i submit an application now, it won't be issue right that I only officially started working from 11th of March 2019.

You are overthinking.

[Saad64]

Thanks, yeah i know i am overthinking as i am bit stressed out about it.

Sorry , just one last question.

So I got married and my wife came to UK in 2022 on a skilled worked dependent visa, her visa also expires in March 2024 so i understand that we need to apply for an extension to her visa. I read one of the other threads on the forum where moderator Zimba had mentioned that application for extension of dependent visa can be submitted while ILR application is in process. The only thing i want to check if weather i can immediately apply for extension of my wife's dependent visa after submitting my ILR application online even before biometric? as i want to do it before increase in IHS fee from 6th of Feb.

[CR001]

Yes you can apply. IHS increases on 6th February. Her application will be held until your ILR is approved.

[Saad64]

Thanks CR001. You are amazing