When Does the ILR Clock Start for Skilled Worker Visa Holders? Visa Start Date or UK Entry Date?

What Is the ILR Qualifying Period?

Indefinite Leave to Remain (ILR) allows migrants to live and work in the UK permanently without immigration restrictions. Most Skilled Worker visa holders become eligible for ILR after 5 years of continuous residence in the UK under qualifying immigration routes. This 5-year period is often referred to as the ILR clock.

Does the ILR Clock Start From Visa Start Date or Entry to the UK?

For Skilled Worker visa holders, the qualifying period normally starts from the date your entry clearance (visa) becomes valid, not the date you physically enter the UK. This means the start date printed on your visa or decision letter is usually treated as the beginning of the qualifying period. However, the time between the visa being issued and the date you enter the UK must also be considered when calculating your continuous residence.

Delay Between Visa Issue and Entering the UK

The Home Office guidance confirms that the period between the issue of entry clearance and the applicant entering the UK can count toward the qualifying period. This means that if you delay travelling to the UK after receiving your visa, that time may still count toward your 5-year ILR qualifying period. However, there are important conditions.

If the Delay Is Less Than 180 Days

If the delay between the visa start date and your entry into the UK is less than 180 days, that period can still be counted toward your qualifying residence. However, the time spent outside the UK during this period counts toward the 180-day absence limit within any 12-month period. Applicants do not need to provide evidence explaining the reason for delayed entry during this time.

If the Delay Is More Than 180 Days

If the delay between the visa issue date and entry to the UK exceeds 180 days, the rules change. In this situation: the above apply. This means your ILR clock effectively starts from the date you entered the UK if the delay is longer than 180 days.

• The time before entering the UK cannot be counted toward the qualifying period.
• Only the time after you entered the UK will be counted when calculating your continuous residence.

Continuous Residence Requirement

To qualify for ILR, Skilled Worker visa holders must also meet the continuous residence requirement. Currently, applicants must not spend more than 180 days outside the UK in any 12-month period during the 5-year qualifying period. This rule includes absences that occur before you first enter the UK if the visa has already been issued. Keeping accurate records of travel is important when preparing an ILR application.

When Can You Apply for ILR?

Skilled Worker visa holders can usually apply for ILR up to 28 days before completing the 5-year qualifying period. submitting the application too early may lead to refusal.

Key Points to Remember

For Skilled Worker visa holders: the above.

• The ILR qualifying period normally begins from the visa start date.
• Time between visa issue and UK entry may count toward the qualifying period.
• Any absence during that period counts toward the 180-day limit.
• If entry to the UK is delayed more than 180 days, only the time after entering the UK will count toward ILR.
• Most applicants can apply for ILR after completing 5 years of continuous residence.