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Navigating Your ILR Journey: Understanding Your Skilled Worker Visa Start Date

Are you a Skilled Worker in the UK approaching your five-year mark and wondering when you can apply for Indefinite Leave to Remain (ILR)? A common question we, as UK Immigration Lawyers, encounter is whether the ILR clock starts from the date your visa was issued or the date you actually entered the UK. This seemingly small detail can significantly impact your eligibility timeline.

Let's clear up this crucial point to help you plan your ILR application effectively.

When Does Your ILR Clock Truly Begin?

For individuals who applied for a Skilled Worker visa from outside the UK, the five-year continuous qualifying period for ILR generally begins from the "valid from" date stated on your visa vignette (the sticker in your passport). This means that even if there was a delay between your visa issue date and your actual entry into the UK, the Home Office typically considers the earlier "valid from" date as the start of your continuous residence for ILR purposes.

Example: If your Skilled Worker visa vignette was issued with a "valid from" date of 20th July 2020, but you only entered the UK on 19th September 2020, your ILR qualifying period would typically commence on 20th July 2020.

This is a key advantage for many applicants, as it can mean you become eligible to apply for ILR earlier than you might initially anticipate. When combined with the rule that allows you to submit your ILR application up to 28 days before completing the full five years, this understanding can help you secure your settlement without unnecessary delays.

The Importance of Continuous Residence and Absences

While the "valid from" date is your starting point, it's vital to remember the overarching requirement of "continuous residence." This means that throughout your five-year qualifying period, you must not have spent more than 180 days outside the UK in any 12-month rolling period.

Any absences, even those occurring between your visa issue date and your entry to the UK, count towards this 180-day limit. Therefore, meticulous record-keeping of your travel history is paramount.

Other Key Considerations for Skilled Worker ILR

Beyond the start date and absence rules, a successful Skilled Worker ILR application requires fulfilling several other criteria, including:

  • Meeting Salary Requirements: Ensuring you meet the prevailing salary thresholds for your occupation, which are subject to change.

  • Proof of English Language Proficiency: Demonstrating your English language skills to the required level.

  • Passing the Life in the UK Test: Successfully completing the 'Life in the UK' test.

  • Ongoing Employment: Maintaining your sponsored employment throughout the qualifying period.

Don't Leave Your ILR to Chance – Seek Expert Advice

Understanding the nuances of UK immigration law can be complex. While this blog provides general information, every individual's circumstances are unique. Misinterpreting a rule or failing to provide adequate evidence can lead to delays or refusal of your ILR application.

As experienced UK Immigration Lawyers, we are here to provide tailored advice and guide you through every step of your ILR journey. We can help you accurately calculate your qualifying period, assess your absences, and ensure all necessary documentation is in order to maximise your chances of a successful application.



General Information Notice: Please note that the content provided here is for informational purposes only and is not a substitute for legal immigration advice. We are not responsible for any actions taken based on this free information.

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