10 year ILR travel between standard application date and receipt of ILR

[MaidaValeNewbie]

Thanks for confirming on the absences. Just to be 100% clear, it doesn't matter if I left the UK on a Saturday morning and returned Sunday evening, that's still 0 day's absences, right? And departing the UK on a Friday morning, returning that Sunday evening would just be 1 day's absence?

Regarding SARs, I was told by the Home Office that, due to DPA requirements, they only hold entry/exit info for 5 years, but I suppose that doesn't mean they don't hold other things that might be disclosed in a '10 year SAR' for longer (such as visa applications, landing cards and the like).

One further quick question:

Background -

1. I was on a Tier 2 visa a few years back, and during that time I did a 6-month secondment to Paris with work. During this time I remained employed through the UK office and remained on the Tier 2 visa. I came back and forth to the UK a number of times and was never away for more than 6 weeks at a time.

2. Later, on the same Tier 2 visa, I was allowed a month long unpaid leave of absence at the end of my training. That was in addition to my normal annual leave allotment. That's customary in my field when progressing to the next stage of the career. I traveled abroad during that one-month unpaid leave and I also took all my other holidays throughout the rest of the year, many of those abroad.

I will be making a 10 year ILR application. For the purposes of my 10 year ILR application, I believe both of the above items 1. and 2. are fine, but grateful if you could confirm. (However, I understand they may be issues if I was applying under 5 year Tier 2 application?)

Thanks again.

[CULLINAN]

RE absences: Correct

[MaidaValeNewbie]

Thank you!

On the 'one further quick question/background' bit in my message above, I only ask about these as I read they could be issues. However, I think that would be the case only under Tier 2 ILR applications, not long residence apps. However, as those happened while I was on a Tier 2 visa, I just want to make sure I haven't done anything wrong!

[seagul]

Thanks for confirming on the absences. Just to be 100% clear, it doesn't matter if I left the UK on a Saturday morning and returned Sunday evening, that's still 0 day's absences, right? And departing the UK on a Friday morning, returning that Sunday evening would just be 1 day's absence?

Regarding SARs, I was told by the Home Office that, due to DPA requirements, they only hold entry/exit info for 5 years, but I suppose that doesn't mean they don't hold other things that might be disclosed in a '10 year SAR' for longer (such as visa applications, landing cards and the like).

One further quick question:

Background -

1. I was on a Tier 2 visa a few years back, and during that time I did a 6-month secondment to Paris with work. During this time I remained employed through the UK office and remained on the Tier 2 visa. I came back and forth to the UK a number of times and was never away for more than 6 weeks at a time.

2. Later, on the same Tier 2 visa, I was allowed a month long unpaid leave of absence at the end of my training. That was in addition to my normal annual leave allotment. That's customary in my field when progressing to the next stage of the career. I traveled abroad during that one-month unpaid leave and I also took all my other holidays throughout the rest of the year, many of those abroad.

I will be making a 10 year ILR application. For the purposes of my 10 year ILR application, I believe both of the above items 1. and 2. are fine, but grateful if you could confirm. (However, I understand they may be issues if I was applying under 5 year Tier 2 application?)

Thanks again.

They only disclose the travel history in SAR for up till 5 years but intrinsically hold this information for much longer duration. Besides this, whatever norm of absence your tier 2 sponsor used to bestow wouldn't actually be felicitous over long residence applications due to its own inexcusable absence threshold.

[MaidaValeNewbie]

Thanks for your response, but I'm not sure I understand.

Are you saying these absences under 1 and 2 are okay for long residence applications?

[CR001]

Thanks for your response, but I'm not sure I understand.

Are you saying these absences under 1 and 2 are okay for long residence applications?

Your absence and reasons for absence on tier 2 is completely irrelevant to ILR based on long residence. For long residence ILR, all absences are counted the same, regardless of business, compassionate or holidays. The only requirements you must meet is the 540 days limit and no single absence of 180 days or more.

[MaidaValeNewbie]

Great - thank you!

[MaidaValeNewbie]

Hi

I've held valid visas over the course of 10 years and will be applying soon for ILR on the 10-year route.

While I think everything is pretty much in order, I'm concerned about a couple of visitor stamps in an old passport. On a few occasions, while on a valid Tier 2 or Tier 4 visa, I was stamped in as a 'visitor' when returning to the UK. I note that none of these visitor stamps happened when I initially entered the UK on that particular visa. They each happened during the life of a visa, if that makes sense (so, while I was on that visa, but when I came back from a trip abroad).

For the first one of these stamps, the border person stamped the wrong stamp but manually corrected when he noticed he stamped the wrong stamp. I was on a Tier 4 at the time. I'm not particularly worried about this one.

For another, during the last two weeks of the validity of that same Tier 4, I was returning to the UK from a holiday and stamped in as a visitor. I've been told this stamp shouldn't matter as I didn't work or study during those last two weeks and visitor visas do count towards 10 year ILR anyway. I left the UK 2 weeks later, before my Tier 4 expired.

I'm only really concerned about one that occurred during a Tier 2. During that Tier 2, I was seconded to Paris for 6 months. I came back to the UK a number of times during this secondment. During one of my weekend visits back to the UK to visit friends, I must have entered the country as a visitor. I was only in the UK for 2 days that trip. Each other trip home during that secondment I entered with my Tier 2. I'm worried about this one in particular.

I've been told that, given I was able to keep entering the country on the Tier 4/Tier 2 visas, my visas don't appear to have been invalidated. However, I've also been told that these stamps may raise eyebrows. Over the course of 10 years, I've been in and out of the UK several dozen times, so I would hope these few errors won't matter.

However, does anyone have any experience with this?

Many thanks.

[ajitu92]

Shouldn't really matter as you had valid visas, but if you feel the need to, you can always explain it in a cover letter for peace of mind.

[MaidaValeNewbie]

Thanks for your reply. That's what I'm hoping! I wonder if any of the moderators have any experience with this?

[zimba]

Thanks for your reply. That's what I'm hoping! I wonder if any of the moderators have any experience with this?

The stamps were issued incorrectly. You must have raised the issue with the officer at the border and explained that you have to leave to remain and you are NOT a visitor rather than smiling and walking off. I do not believe this will affect your ILR, however, this might delay your application

[MaidaValeNewbie]

Hi

I will be applying for ILR in early December. If super priority hasn't resumed, I suppose I'll apply using the standard route, which I understand can take up to 6 months.

My question is, after I make my application, can I travel during the period between giving my biometrics and receiving (fingers crossed) ILR?

I'm near the 540 day limit, so I've avoided travelling ahead of making my application, but I'd be keen to travel once the application is lodged and biometrics are sorted. I'm currently on a Tier 2 visa, with 2 years left, so it's not like my visa is running out soon.

Many thanks.

[CULLINAN]

You can not travel after you make an ILR application. If you do, your application will be withdrawn.

[MaidaValeNewbie]

Thanks - that's disappointing. Can you point me to where this is written down?

I will still have a valid Tier 2 visa and my passport, so I would have thought there would be no problem.

[MaidaValeNewbie]

actually, I'm seeing this now. hmm that's disappointing.

do we yet know when super priority might be back?

[CULLINAN]

actually, I'm seeing this now. hmm that's disappointing.

do we yet know when super priority might be back?

No one knows.

[seagul]

Thanks - that's disappointing. Can you point me to where this is written down?

I will still have a valid Tier 2 visa and my passport, so I would have thought there would be no problem.

Would be extremely perilous manoeuvre:

If a person with an outstanding application, travels outside the CTA, the application
does not give them any right to re-enter the UK to receive a decision on their
application. They are liable to be refused entry, unless:
• they are allowed to re-enter the UK with a different type of leave
• their existing leave has not yet expired and is not cancelled at the border

https://assets.publishing.service.gov.u ... .0-ext.pdf