When Can I Apply for UK ILR? How to Calculate Your Qualifying Period Start Date

When Does Your ILR Qualifying Period Start?

One of the most common questions about Indefinite Leave to Remain (ILR) is: when exactly does the 5-year qualifying period begin? The answer depends on how and where you applied for your original visa.

The Key Dates Explained

When you applied for your visa, you probably have several dates on your documents:

Date Type	What It Means
Application submission date	When you submitted your application
Decision date	When the Home Office approved your visa
Vignette "valid from" date	When your permission to enter the UK begins
Actual entry date	When you physically entered the UK

Which Date Counts for ILR?

Applied from OUTSIDE the UK:

If you applied from outside the UK and received a vignette (sticker in your passport):

• ✅ The "Valid From" date on your vignette is typically when your qualifying period starts
• ❌ NOT the application submission date
• ❌ NOT the decision letter date

Applied from INSIDE the UK:

If you applied to switch or extend from within the UK:

• ✅ The date on your Biometric Residence Permit (BRP) "Valid From"
• ✅ Or the date your previous leave was due to expire (if you applied in time)

Your Example Scenario

Answer:

The qualifying period starts from 15 May 2021 (the vignette "valid from" date).

Calculation	Date
Qualifying period starts	15 May 2021
5 years complete	15 May 2026
Earliest ILR application (28 days before)	17 April 2026

The 28-Day Early Application Rule

You can submit your ILR application up to 28 days BEFORE completing the 5-year qualifying period.

How to Calculate Your Earliest Application Date:

1. Find your qualifying period start date (vignette/BRP "valid from")
2. Add 5 years
3. Subtract 28 days
4. = Your earliest ILR application date

Example Calculation:

Step	Date
Start date	15 May 2021
+ 5 years	15 May 2026
- 28 days	17 April 2026
Earliest application date	17 April 2026

What If You Entered the UK Later?

If you received your vignette with a "valid from" date of 15 May 2021 but didn't actually enter the UK until, say, 1 July 2021:

• Your qualifying period still starts from 15 May 2021 (the vignette date)
• NOT from when you actually entered

This is because your leave to enter was granted from that date, even if you didn't travel immediately.

Continuous Residence Requirements

Having the right start date is only part of the puzzle. You must also meet continuous residence requirements:

Absences from the UK:

Limit	Requirement
Maximum single absence	180 days in any 12-month period
Total absences in 5 years	No more than 540 days total

If you exceed these limits, your qualifying period may be reset or your ILR application could be refused.

Documents to Check Your Start Date

If You Applied from Outside the UK:

• 📄 Vignette (sticker) in your passport — check "Valid From" date
• 📄 Decision letter — may reference the grant date

If You Applied from Inside the UK:

• 💳 Biometric Residence Permit (BRP) — check "Valid From" date
• 📄 Decision email/letter — confirms grant date

Common Mistakes to Avoid

• ❌ Using the application date: Your qualifying period doesn't start when you applied
• ❌ Using the decision date: The approval date isn't always the start date
• ❌ Applying too early: More than 28 days before completing 5 years
• ❌ Ignoring absences: Long trips abroad can break continuous residence
• ❌ Not checking BRP/vignette: Always verify the actual "valid from" date

Dependants: Same Qualifying Period?

If you're a dependant (like a spouse on a Skilled Worker dependant visa):

• ✅ Your 5-year period is calculated independently
• ✅ Based on YOUR vignette/BRP start date
• ✅ You can apply for ILR at the same time as the main applicant OR separately

Your qualifying period may differ from the main applicant if you applied at different times.

Switching Visa Categories

If you switched visa types during your 5 years (e.g., Tier 2 to Skilled Worker), your time usually counts cumulatively as long as:

• ✅ The visa types are on the same settlement route
• ✅ There were no gaps in your leave
• ✅ You met continuous residence requirements throughout

Frequently Asked Questions

Does the vignette date or actual entry date count?

The vignette "valid from" date counts, not when you actually entered the UK.

Can I apply for ILR before completing 5 years?

Yes, up to 28 days before. But not earlier than that.

What if I applied 29 days early by mistake?

Your application may be refused. Always calculate carefully or apply on or after the 5-year date to be safe.

Does my dependant have the same ILR date as me?

Not necessarily. Each person's qualifying period is based on their own visa start date.

What if I was outside the UK for 6 months?

If you were absent for more than 180 days in any 12-month period, your continuous residence may be broken. Seek advice.

How do I check my absences?

Review your passport stamps, flight records, and any travel history. The Home Office will check this.

ILR Application Checklist

Before applying, confirm:

• ☐ Qualifying period start date (vignette/BRP "valid from")
• ☐ 5 years will be complete by/within 28 days of application
• ☐ Continuous residence requirements met
• ☐ No single absence over 180 days
• ☐ Total absences under 540 days
• ☐ Life in the UK test passed
• ☐ English language requirement met
• ☐ All documents ready

Key Takeaways

• 📅 Start date = Vignette/BRP "Valid From" date
• ❌ NOT the application or decision date
• ⏰ Apply up to 28 days early — not more
• 🛫 Watch your absences — max 180 days per year
• 👥 Dependants calculated separately

Related Guides

• UK ILR Processing Times
• UK ILR Required Documents
• Which Visa Types Count Toward ILR?
• ILR for Dependants Guide

Official Government Resources

• 🔗 Indefinite Leave to Remain — gov.uk
• 🔗 Continuous Period Calculation — gov.uk
• 🔗 Skilled Worker ILR — gov.uk

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