Continuous residence

[Tiger77]

Hello

I am aware tier 2 migrants whose role is on the shortage occupation list only require 80% of the going rate of their salary. Does this also apply when a migrant applies for ILR or in settlement migrants need to meet the going rate requirements as a minimum?

[Tiger77]

I’m on tier 2 visa and will be applying for ILR next week . I had a passport that I used in the first year of my employment 5 years ago that expired and was withdrawn from me . Do I need to submit any new documents to proof my continuous resistance in the U.K. for that year since I no longer have that passport?

It would be nice to know how the home office assesses the continuous residence requirements for tier 2 and skilled worker visa holders ?

[vinny]

See also Rules and Guidance.

[Tiger77]

Thank you Vinny
I have read the appendix but it doesn’t mention how the residence requirements has to be met in terms of the documents and evidence ? How does the home office establish such criteria is met ?

[vinny]

With difficulty?

Usually, an applicant lists all the absences for the caseworker.

Without passports, I think you may supply alternative evidence of travel, such as travel tickets, boarding cards or itinerary, etc,. Employers should also authorize absences.

[Tiger77]

What I want to understand is it the HO relies received from airlines to work out the continuous residence or the information provided by the applicant?

[vinny]

What does continuous residence mean?

The applicant must show all of the following:

• they have lived in the UK with relevant permission
• their residence is lawful
• they have not been absent for more than the specified periods, unless for permitted reasons

I think the onus is on the applicant to provide the evidence.

[vinny]

They may verify the information that you provide.

[Tiger77]

Thank you vinny
Is there any caseworker guidance on this ?

[vinny]

See also

Absences
Entry and Exit
residence

'Outdated’ landing cards to be withdrawn as part of digital border transformation
Home Office’s immigration statistics – arrivals data.
Home Office statistics on exit checks: user guide.
An inspection of exit checks. Response

Developments in Exit Checks

[Tiger77]

Hello

I’m applying for ILR in coming days . I have used two passports during last 5 years of my tier 2 visa . I no longer have the first passport as it was withdrawn from me from the authorities. What do I need to do in this case ? Do I need to provide additional evidence to prove my continuous residence in the first year when I used the expired passport?

[vinny]

Posts merged.

[Tiger77]

Hello

I’m applying for ILR in coming days . I have used two passports during last 5 years of my tier 2 visa . I no longer have the first passport as it was withdrawn from me from the authorities. What do I need to do in this case ? Do I need to provide additional evidence to prove my continuous residence in the first year when I used the expired passport?

can someone help with my question please?

[zimba]

No. Just tell the UKVI that your passport has been surrendered to the authorities

[Tiger77]

Thank you zimba but how will they confirm my continuous residence in this case considering they cannot see the entry and exit stamps of my old passport?

[zimba]

Thank you zimba but how will they confirm my continuous residence in this case considering they cannot see the entry and exit stamps of my old passport?

You do not need to confirm your residence to the UKVI. They have access to all entry records as well as most exit records

[Tiger77]

Thank you zimba
How are the entry date collected ? On arrival when documents are presented to the immigration officer and visas are checked and biometrics are taken or through airlines ?

[zimba]

Thank you zimba
How are the entry date collected ? On arrival when documents are presented to the immigration officer and visas are checked and biometrics are taken or through airlines ?

Entry records are always recorded by the border force every single time you enter the UK

[Tiger77]

That’s great as this gives me assurance that the withdrawn passport won’t have any impact on my ILR . Is there any guidance where I can read more about this please?

[zimba]

That’s great as this gives me assurance that the withdrawn passport won’t have any impact on my ILR . Is there any guidance where I can read more about this please?

It has no influence. UKVI can get a good picture of your travels as you can see.
Here is a factsheet about exit checks: https://www.gov.uk/government/publicati ... fact-sheet

[Tiger77]

Perfect thank you Zimba!