ILR 28-Day Early Application Rule: When to Apply
What you need to know
- •You can apply for ILR up to 28 days before your qualifying date.
- •Applying more than 28 days early results in rejection and loss of fees.
- •Your qualifying date is usually 5 years from the start of your first qualifying visa.
- •Check visa grant letters for exact start dates to calculate your window.
You can apply for ILR up to 28 days before your qualifying date. Applying any earlier results in automatic rejection and loss of the application fee. Knowing your exact qualifying date and the 28-day window is essential for a successful application.
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The 28-Day Rule
The Immigration Rules allow you to submit your ILR application up to 28 calendar days before you complete the qualifying period (usually 5 years of continuous residence on a qualifying route).
This means if your qualifying date is 1 May 2026, the earliest you can apply is 3 April 2026. Any application submitted before 3 April would be rejected.
Calculating Your Qualifying Date
Your qualifying date depends on your visa route:
- Skilled Worker: 5 years from the start date of your first Skilled Worker visa (or Tier 2 visa if you were on that route).
- Spouse visa: 5 years from the start of your initial spouse visa grant.
- 10-year route: 10 years from when you first had qualifying leave. See our 10-year rule guide.
Check your original visa grant letter or BRP for the exact start date. If you are unsure, see our ILR requirements guide.
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Why Apply Early?
Applying within the 28-day window is a good idea because:
- Your application is protected under Section 3C leave if your current visa expires while the ILR is being processed.
- Earlier application means earlier decision, reducing the period of uncertainty.
- With the proposed 10-year rule under discussion, applying promptly under current rules is prudent.
Avoiding Mistakes
Common timing mistakes include:
- Counting from the wrong date (use the visa start date, not the date you entered the UK).
- Not accounting for gaps between visas.
- Confusing the 28-day window with other immigration deadlines.
See our application mistakes guide for more common errors to avoid.
For official guidance, visit GOV.UK: indefinite leave to remain.
This guide is general information, not immigration advice. Immigration rules change frequently. For advice on your specific situation, consult an OISC-registered adviser or immigration solicitor. Always check GOV.UK for the latest rules.
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