Long Term Residency with a gap - Need Guidance!

[Manny67]

Hi Admins / Member,

I came to UK in September 2010 on a Tier 2 Work Permit and will complete 10 years in couple of weeks’ time. During my stay, the total number of days that I have been out of UK is 534, which includes my trip back to my home country and elsewhere.
Now, I have stayed out of UK for 210 days (10th October 2011 – 6th May 2012).
During this period, I have stayed on the same visa. I understand, that I have breached continuous residency clause by 30 days.
1. Can I still make an ILR application for Long Term Residency and split this gap into 2 halves (< 180 days each)?
2. If answer is no for point 1, then what are my options?

Any guidance will be highly appreciated.

Thanks in advance,
Manny

[CR001]

1. Can I still make an ILR application for Long Term Residency and split this gap into 2 halves (< 180 days each)?

No. The rules are very clear that ANY absence of 180 days or more breaks your continuity of residence for ILR based on 10 years long residence. There is no discretion on this. There is NO option that you can split this absence over two years. This rules does not apply to long residence.

2. If answer is no for point 1, then what are my options?

Which category of Tier 2 are you on or have been for the last 10 years? You have not stated what specific tier 2 you are on. Presumably tier 2 ICT. If so, then you will have to find another visa you qualify for to reach 10 years long residence in May 2022.

[Manny67]

Thanks.

To answer your question, I am and have been on a Tier 2 ICT visa for last 10 years and is currently valid till September 2021. Do I need to wait till May 2022 or I can apply for ILR in November or December in 2021 which would have reduced my absence from UK to under 180 days?

[CR001]

Thanks.

To answer your question, I am and have been on a Tier 2 ICT visa for last 10 years and is currently valid till September 2021. Do I need to wait till May 2022 or I can apply for ILR in November or December in 2021 which would have reduced my absence from UK to under 180 days?

You need 10 full years of residence AND must meet all the absence requirement.

[poper]

Thanks.

To answer your question, I am and have been on a Tier 2 ICT visa for last 10 years and is currently valid till September 2021. Do I need to wait till May 2022 or I can apply for ILR in November or December in 2021 which would have reduced my absence from UK to under 180 days?

May 2022 as your ILR clock started in May 2012

[Manny67]

Thank you!