Maraming Skilled Worker visa holders ang nagtatanong: “Kailan ba talaga nagsisimula ang 5 years ko para sa ILR — noong na-grant ang visa ko, o noong actual na dumating ako sa UK?”

Importante ito dahil minsan may ilang linggo o buwan na pagitan mula nang ma-grant ang entry clearance hanggang sa actual arrival sa UK.

Hindi palaging arrival date ang starting point

Under Appendix Skilled Worker, paragraph SW 21.1, ang isang Skilled Worker applying for settlement must have completed a continuous period of 5 years in the UK. Under SW 21.2, that period must consist of qualifying permission, which may include Skilled Worker and certain other specified settlement routes. Time spent merely as a dependant does not count towards the main applicant’s five-year Skilled Worker qualifying period. (GOV.UK)

Pero may very important clarification ang Home Office Continuous Residence Guidance.

Kapag ang applicant ay originally granted entry clearance from outside the UK, the Home Office guidance says the caseworker should establish the date the entry clearance was granted. The period between the grant of entry clearance and the applicant’s arrival in the UK is treated as lawful residence on that route.

So, in appropriate cases, hindi mo kailangang magbilang automatically ng five years mula sa araw na lumapag ka sa Heathrow or another UK airport. (GOV.UK)

Pero may catch: iyong panahon bago ka dumating ay absence din

Ito ang madalas nakakalimutan.

Although the period between the grant of entry clearance and arrival can count towards the qualifying period, the Home Office guidance also specifically says that the same period counts towards your absences from the UK. (GOV.UK)

For example, kung na-grant ang qualifying permission mo and then matagal bago ka actual na pumasok sa UK, you cannot simply say:

“Okay, counted na lahat iyon sa five years ko.”

Kailangan ding i-check ang absence calculation.

Under Appendix Continuous Residence, CR 3.1, generally you must not have been outside the UK for more than 180 days in any 12-month period, subject to the specific exceptions in the Rules. (GOV.UK)

Therefore, kung may malaking gap between your entry-clearance grant/start date and actual UK arrival, that gap must be calculated carefully together with all your other trips outside the UK.

May exceptions ba sa 180-day rule?

Yes. CR 3.4 provides specific circumstances where certain absences may be disregarded, including qualifying humanitarian or environmental crisis work, travel disruption caused by natural disaster, military conflict or pandemic, certain compelling and compassionate circumstances, and specified research activity for eligible Skilled Workers. Hindi automatic ang exception; the facts and supporting evidence matter. (GOV.UK)

Pwede bang mag-apply 28 days early?

Another important provision is CR 1.1.

When calculating continuous residence, the qualifying period can be counted backwards from the date that is most beneficial to the applicant, including the application date, a date up to 28 days after the application date, or the date of decision. This is the legal basis behind the common practice of submitting a settlement application up to 28 days before completion of the qualifying period, provided the applicant otherwise meets the requirements. (GOV.UK)

Relevant Case Law

There are also useful cases explaining the development of the concept of continuous residence.

In BD (work permit – “continuous period”) Nigeria [2010] UKUT 418 (IAC), the Upper Tribunal considered the old work-permit settlement rules. It held that the expression “continuous period” should be interpreted sensibly and that certain employer-required overseas absences did not necessarily destroy the applicant’s connection with the UK. However, this was decided under an earlier version of the Immigration Rules, before today’s detailed Appendix Continuous Residence regime. (Tribunals Decisions)

Later, in R (Nesiama & Ors) v Secretary of State for the Home Department [2018] EWCA Civ 1369, the Court of Appeal considered the predecessor rules governing five-year continuous residence and the 180-day absence requirement. The case is important because it illustrates that where the Immigration Rules themselves prescribe specific absence limits, applicants cannot simply rely on the more flexible approach taken under older rules such as BD. (Bailii)

Granovski & Ors v Secretary of State for the Home Department [2015] EWHC 1478 (Admin) is another historical authority concerning continuous residence under the Highly Skilled Migrant Programme. The High Court applied the earlier BD approach in that particular statutory and policy context. Again, it should not be treated as overriding today’s express requirements in Appendix Skilled Worker and Appendix Continuous Residence. (vLex)

So ano ang bottom line?

For Skilled Worker ILR, huwag basta tingnan ang UK arrival date lamang. Check the exact Home Office grant/permission dates, actual date of entry, every period of absence, previous immigration categories, any gaps in permission, and whether an exception applies.

A difference of even a few days can matter—especially kung malapit ka na sa 180-day absence limit or kung balak mong mag-apply at the earliest possible date.

At tandaan: qualifying for five years of residence is only part of the ILR assessment. SW 22.1 separately requires compliance with Appendix Continuous Residence, and the Skilled Worker settlement rules also contain suitability, sponsorship, salary and Knowledge of Life in the UK requirements. (GOV.UK)

Not sure kung kailan ka exactly eligible for ILR? We can review your immigration timeline, visa grants, arrival dates and absences before you submit your application.

MAGSINO SOLICITORS
📞 07446 888377
📧 don@magsinosolicitors.com

General information only. Immigration Rules change regularly and each person’s immigration history should be considered individually. Information checked against the Rules and Home Office guidance current in August 2026.

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