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Need help on 10 year ILR calculation

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

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zlc575
Newly Registered
Posts: 3
Joined: Tue Jan 14, 2020 3:07 pm
India

Need help on 10 year ILR calculation

Post by zlc575 » Tue Dec 22, 2020 12:39 am

Hi,
I need your help on calculating my overall stay in UK for 10 year route. Below are my multiple visa category,
Tier 2 ICT short term 1 year visa - (01-09-2015 to 30-08-2016) returned to India and stayed for 4 months then got my long term ICT.
Tier2 ICT long term 5 year visa - (07-01-2017 to 07-01-2022) - Still in UK ( hope I will be staying in UK till visa end)
Q1: Do I still hold my continuous lawful residency between these two fresh entry clearance?
Q2: if yes for Q1, Do I need to calculate only 6 years or 6 years 4 months for 10 year ILR?

Note: I have plans to continue in UK after 07-01-2022.

ajitu92
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Posts: 432
Joined: Thu Jul 09, 2020 3:37 pm
Mood:
United Kingdom

Re: Need help on 10 year ILR calculation

Post by ajitu92 » Tue Dec 22, 2020 10:27 am

When did you first enter the UK with your short term ICT visa?
When did you leave the UK at the end of your short term ICT visa?
When did you re-enter the UK on the long term ICT visa?

What do you mean by your Q2?
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.

zlc575
Newly Registered
Posts: 3
Joined: Tue Jan 14, 2020 3:07 pm
India

Re: Need help on 10 year ILR calculation

Post by zlc575 » Tue Dec 22, 2020 4:48 pm

Tier2 ICT Visa short term visa entry clearance (31-08-2015 to 30-09-2015 on passport) and Tier2 ICT short term BRP date: 27-08-2015 to 30-08-2016
Tier2 ICT Visa short term visa entry clearance (29-12-2016 - 28-01-2017 on passport) and Tier2 ICT long term BRP date: 29-12-2016 -15-01-2020 & 27-11-2019 - 07-01-2022)

When did you first enter the UK with your short term ICT visa?
01-09-2015

When did you leave the UK at the end of your short term ICT visa?
30-08-2016 (left the UK on last day mentioned on BRP)

When did you re-enter the UK on the long term ICT visa?
07-01-2017

Question 2 is:
I was in India for 4 months between Short term ICT visa to Long term ICT visa (30-08-2016 to 07-01-2017) . So, these 4 months will be considered for 10 year ILR calculation due to continuous residence not break even though I didn’t have visa these times?

poper
Diamond Member
Posts: 1060
Joined: Mon Aug 13, 2012 11:45 am
India

Re: Need help on 10 year ILR calculation

Post by poper » Tue Dec 22, 2020 5:10 pm

1. Yes. Continuous residency is intact as you left the UK before visa expiry and returned before 6 months
2. Assuming current rules prevail, you will be eligible to apply ILR on Long Residence route 28 days prior to 01-09-2025
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.

ajitu92
Member of Standing
Posts: 432
Joined: Thu Jul 09, 2020 3:37 pm
Mood:
United Kingdom

Re: Need help on 10 year ILR calculation

Post by ajitu92 » Tue Dec 22, 2020 5:21 pm

Your continuous residence was maintained as you were out only for 130 days (less than the 180 days allowed) between the two ICT visas, and both left and re-entered the country with valid leave.

You will be eligible through Set LR (10 years of continuous lawful residence) on 01/09/2025 less 28 days, as long as you meet all the other requirements in place at that time, including maintaining continuous lawful residence until that time.

Beware though, that the rules may change and be different in 2025, so you will need to satisfy whatever rules are in place at that time.

EDIT: Overtaken by @poper
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.

zlc575
Newly Registered
Posts: 3
Joined: Tue Jan 14, 2020 3:07 pm
India

Re: Need help on 10 year ILR calculation

Post by zlc575 » Tue Dec 22, 2020 10:02 pm

Thank you for the quick response. You guys are awesome :D

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