ILR Eligibility

[Aswinjoshva]

Hello,

I’m living in the UK from Jan’2017 with different visas (2 ICT visa, 1 T2 General Dependent and T2 Skilled Worker visa)

As far as the settlement type of visa is concerned, I became T2 General Dependent on 31/01/2020 which had coverage for a full 5 years.
Due to the uncertain situation of my wife’s sponsor, I switched from T2 General dependent to T2 Skilled worker visa with my current employer in Dec 2021 who has issued visa for 3 years.
Therefore by this December, I will be nearly completing 5 years with mix of 2 settlement visas (as said above).

My question here is, as I have already spent nearly 2 year as T2 Dependent before my current PBS, is there a possibility to apply for ILR if my current visa ends in this Dec? Because I was continuously in 2 visa’s that leads to settlement in UK.

Please clarify.

[CR001]

No, you cannot combine dependent visa time and main visa holder time to make up 5 years for ILR.

You need 5 years as dependent OR 5 years as main skilled worker visa holder.

[Aswinjoshva]

Ok. Thanks for your response.

[Aswinjoshva]

Hi,
Query is about how the 28days is counted for ILR eligibility.

While my wife was on her job in UK she was sponsored by her employer in Jan’2020 with Tier2-General visa, so she had to go back to India for Visa application and came back to UK with T2 General visa (prior to this she was in ICT dependent visa).
Here are the dates:

• Biometric appointment OR Application date (India) : 06/Jan/2020
• Vignette visa start date : 13/Jan/2020 (till 12/Feb/2020)
• Visa approval received : 13/Jan/2020
• UK arrival date: 19/Jan/2020
• BRP start date : 27/Jan/2020 (till end of Dec'2024)
• Right to work valid till: 29/Jan/2025

In gov.uk website related to this topic it said,
https://www.gov.uk/government/publicati ... accessible

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


Therefore my question is, which of following dates should be considered as ILR eligibility date:

With respect to Data of Application: 06/Jan – 28 days == 9/Dec/2024
With respect to Date of Decision: 13/Jan - 28 days == 16/Dec/2024

Please clarify.

[zimba]

It seems you did not pay enough attention to the paragraph you quoted above. The 'date of decision' refers to the date of the ILR decision, not the date of the initial visa decision. Also, the date of application refers to the date of the ILR application. This is why the paragraph above says you count BACKWARDS from that date !

I covered this here: Applicants can benefit from the date of the ILR decision

The earliest ILR eligibility date is calculated as (first visa issue date + 5 years - 28 days)

[Aswinjoshva]

Oh I see, Sorry.. And thanks for your kind clarification.

So in our case the Vignette visa start date is 13/Jan/2020 and
Hence the earliest ILR eligibility date is: [(13/01/2020 + 5 years)-28days] == 16/Dec/2024.

Is that correct?

[zimba]

Correct

[Aswinjoshva]

Thanks for your confirmation Zimba. Much appreciated.