Early ILR Application for Skilled Workers: When Can You Apply?
As a Skilled Worker, you have likely built a life in the UK by forming connections and putting down roots. Naturally, you may now be considering transitioning from a Skilled Worker visa to Indefinite Leave to Remain (ILR). Securing ILR is a significant milestone as it provides the freedom to live and work in the UK without time restrictions. You can typically apply for ILR once you have completed 5 years of continuous residency in the UK, however, timing the application can often be an underestimated aspect of the process as submitting too early can lead to the application being deemed invalid with the applicant still incurring Home Office fees while a late application can create uncertainty. So, when should you apply for ILR?
The basic rule – 28-day window
Skilled Workers typically can apply for ILR no sooner than 28 days before they reach the 5 years qualifying period of continuous residency in the UK.
Continuous residency is calculated by counting back from whichever of the following dates is the most beneficial to the applicant considering periods of absence (which must not exceed 180 days in any 12-month period):
- the date of application,
- any date up to 28 days after the date of application, or
- the date of decision.
For example, Skilled Worker A made the application outside of the UK on 7th of June 2021 and they entered the UK on the 28th of June 2021. They would complete the qualifying period on the 7th of June 2026. This means, that the application for ILR could be made from the 10th of May 2026. The first 21 days will be treated as part of the applicants’ absences from the UK.
Early application for Indefinite Leave to Remain as a Skilled Worker
Some Skilled Workers may be able to apply for ILR even prior to the 28-day window. Due to delays of UKVI services during the COVID-19 pandemic, some Skilled Workers were permitted to start working for their sponsors while waiting for decisions on their application.
Based on the current immigration rules, provided that the applicant was in the UK with permission, the time while the applicant was awaiting the decision but able to work can count towards the 5-year qualifying period provided the application was:
- for permission to stay
- made between 24 January 2020 and 30 June 2021 (inclusive)
- supported by a CoS on the date of application
- granted
For example, Skilled Worker B entered the UK on the 1st of February 2020 on a Youth Mobility Scheme visa and during their stay was offered a position at a company where they required a Skilled Worker Visa. They submitted the application on the 1st of May 2021 and the decision which was granted on the 1st of December 2021. Skilled Worker B would complete the 5-year qualifying period on the 1st of May 2026 rather than 1st of December 2026 meaning they can apply for ILR from 4th of May 2026.
Other Options
Some applicants will have a gap of more than 28 days to bridge between their visa expiring and reaching 5 years continuous residence. There are may be other options in such cases, such as submitting an extension application and varying it. These options can get complicated, so we can provide tailored advice and strategy depending on your circumstances.
How OTB Legal Can Support Your Indefinite Leave to Remain as a Skilled Worker Application:
Figuring out the correct time to apply for ILR can be complicated and stressful. Our highly experienced solicitors and legal advisors provide clear, practical guidance to help you understand the timeframes and application process of ILR.
If you have questions or need assistance, please get in touch.
