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Without VISA break duration for ILR application

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2

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syamK
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2 months gap without any VISA, Will it be considered for ILR

Post by syamK » Mon Feb 25, 2019 12:48 pm

Hi,
I have a query regarding the time calculation for ILR. I came to UK in 2017 Jun and I am having a Tier2 ICT VISA till Jun 2020. My wife want to study her masters from sept 2020 onwards. There was a gap of 2 months and we will not have any VISA at that time.
Will the overall duration considered for ILR ?
Thank you,
Syam

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CR001
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Re: 2 months gap without any VISA, Will it be considered for ILR

Post by CR001 » Mon Feb 25, 2019 12:58 pm

It depends on a lot of things and what the rules are for long residence ILR in 2027.

Currently, if you leave the UK with valid leave and return within 180 days, continuous residence is jot broken.

You cannot stay in the UK once your current visas expire.
Char (CR001 not Casa)
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bizman
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Re: 2 months gap without any VISA, Will it be considered for ILR

Post by bizman » Mon Feb 25, 2019 1:11 pm

Are you currently working with your visa and do you intend to extend it.?
Bizman

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CR001
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Re: 2 months gap without any VISA, Will it be considered for ILR

Post by CR001 » Mon Feb 25, 2019 1:13 pm

bizman wrote:
Mon Feb 25, 2019 1:11 pm
Are you currently working with your visa and do you intend to extend it.?
User trying to look at options to reach 10 years.

uk-tier-2-employer-sponsored-visas/can- ... 75507.html
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

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bizman
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Re: 2 months gap without any VISA, Will it be considered for ILR

Post by bizman » Mon Feb 25, 2019 1:18 pm

Why Inam asking is because it’s shorter to extend and apply for ILR except he has any challenge with that
Bizman

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CR001
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Re: 2 months gap without any VISA, Will it be considered for ILR

Post by CR001 » Mon Feb 25, 2019 1:19 pm

bizman wrote:
Mon Feb 25, 2019 1:18 pm
Why Inam asking is because it’s shorter to extend and apply for ILR except he has any challenge with that
Tier 2 ICT does not lead to ILR based on 5 years residence.
Char (CR001 not Casa)
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bizman
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Re: 2 months gap without any VISA, Will it be considered for ILR

Post by bizman » Mon Feb 25, 2019 1:50 pm

Ok thanks for the clarification
Bizman

syamK
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Without VISA break duration for ILR application

Post by syamK » Tue Dec 15, 2020 10:51 pm

Dear Team,

I have a query on ILR duration. For an ICT applicant, If he/she dont have any VISA for a couple of months in an entire 10 years. Will it be considered ?

ajitu92
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Re: Without VISA break duration for ILR application

Post by ajitu92 » Tue Dec 15, 2020 11:17 pm

You need to provide more detail regarding your immigration history for anyone to be able to meaningfully contribute to your question
All my posts are my personal opinion based on my reading of the immigration rules and guidance. NOT to be taken as professional/legal advice.

secret.simon
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Re: Without VISA break duration for ILR application

Post by secret.simon » Wed Dec 16, 2020 2:10 pm

syamK wrote:
Tue Dec 15, 2020 10:51 pm
I have a query on ILR duration. For an ICT applicant, If he/she dont have any VISA for a couple of months in an entire 10 years. Will it be considered ?
Is it the same query as above? If so, CR001 has already answered it earlier.

The current rules are that continuity of residence is retained if the person leaves the UK before the current visa expires (leaving even the day after breaks continuity of residence) and returns to the UK within 180 days on either the same or a different visa.

As CR001 has mentioned above, the Rules could be very different in 2027 and the application will be assessed on the Rules then in force.

An example of such a rule change was when the earlier rule allowing ILR after 14 years of any (legal or illegal) residence in the UK was changed to FLR(FP) after 20 years of any residence (thus effectively doubling the time to reach ILR from 14 years to 30 years).
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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