Curtailment consideration and ILR application

[Mancuniann]

Hello,

I am trying to understand the qualifying period for continuous residence under the 10-year route. I understand that the earliest date I can apply is 28 days before completing the qualifying period. So I want to know when the qualifying period starts counting. Is it from the day my first visa was issued or the day I entered into the UK?

Visa issued: 28/07/13
Entry into the UK: 14/08/2013
Earliest date to apply: 01/07/2023 or 18/07/2023?

I understand that under the 5-year route, the 2 weeks in between could count as an absence but this is not clear for the 10-year route. Also, the definition of continuous lawful residence in the guidance says ‘lawful residence is defined as a period of continuous residence in which the applicant had one of the following:
- existing leave to enter or remain’
So it this when my visa was issued or when I entered?

I understand that I could just wait the two weeks but time is of the essence here as I’ve already had to delay my new job start date by almost two months and don’t want to make any mistakes on the application.

[CR001]

Entry into the UK: 14/08/2013

Your residence for long residence starts counting from the date you entered the UK. You can apply no sooner than within 28 days before the 10th anniversary of the date you entered the UK.

I understand that under the 5-year route, the 2 weeks in between could count as an absence but this is not clear for the 10-year route.

Different rules for 5 year and 10 year routes ILR.

Also, the definition of continuous lawful residence in the guidance says ‘lawful residence is defined as a period of continuous residence in which the applicant had one of the following:
- existing leave to enter or remain’
So it this when my visa was issued or when I entered?

Which continuous residence document are you reading? Long residence has different rules to other 5 year routes. For long residence, you count from day of entry to the uk.

[Mancuniann]

Thank you for this.

For the definition of continuous lawful residence, I got it from the long residence guidance document, page 9
https://assets.publishing.service.gov.u ... idence.pdf

[vinny]

For applications from 13 April 2023,

The following paragraphs shall take effect on 13 April 2023. In relation to those changes, if an application for entry clearance, leave to enter or leave to remain, has been made before 13 April 2023, such applications will be decided in accordance with the Immigration Rules in force on 12 April 2023.

• …
• 7.1
• …

….
Changes to Part 7
7.1. For paragraph 276A(b), substitute:
“

• (b) “lawful residence” means residence which is continuous residence pursuant to:
  • (i) existing leave to enter or remain, except this cannot include time with entry clearance or permission under Appendix V: Visitor, Appendix Short-term Student (English language), or Appendix Temporary work – Seasonal Worker; or
  • (ii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
• (c) “lawful residence” does not include time spent on immigration bail.”

.

time spent with Leave as a visitor under Appendix V: Visitor, and some others, are excluded under Long Residence.

Explanatory memorandum to the statement of changes in immigration rules HC1160

Changes to the Long Residence rules

• 7.65 The current definition of what constitutes lawful residence in the long residence rules is not clear, and this has led to confusion for customers and a broader interpretation than intended. These changes will make the definition easier to understand and better represent the purpose of the long residence route.
• 7.66 The rules are changing to not allow any period on immigration bail to count towards the qualifying period for long residence in any circumstances. This creates a simple expectation that people cannot count time with precarious status towards settlement on the basis of long residence.
• 7.67 The changes will also not allow time as a visitor, short-term student and on the seasonal worker routes to count towards long residence. This makes it clear that time spent on a route which both allows for a maximum grant of permission of 12 months, and where switching is generally not allowed (so there is the strongest possible expectation that the person will leave the UK at the end of a short stay), cannot count towards settlement on the basis of long residence.
• 7.68 A person who has spent a period of time on immigration bail or as a visitor (or other temporary permission) who is later granted permission on another basis will still be able to qualify for long residence settlement, but they will need to wait longer to do so.

[Mancuniann]

Hello,

I am due to apply for my ILR based on 10 years continuous residency next week. I have done an SAR and seen a visa curtailment consideration on there.

Background: I first entered on a Tier 4 visa in September 2013, completed my studies and applied for another Tier 4 visa in October 2017 (a few days before the end of my first visa) for my PhD. I switched to a Tier 2 in August 2021 (I had completed my PhD then but hadn't received my award yet) and I gave my company my notice in June 2023. My last day of work is at the end of this month and from the SAR, they received a notification that my sponsor has stopped sponsoring my visa in June (2 weeks after I gave my notice). It also notes that the notice of resignation is effective from the end of this month.

My questions are:
1. Has my current visa being curtailed? I have not received any email from the home office and note that I no longer live on the last known address. Also, in the summary of the SAR, there is no outcome on the curtailment consideration entry.
2. For my ILR application, I need to fill in my employment details. Technically, when I submit my application I'll still be working with my last sponsor even if I'll no longer be there in 2 weeks. Do I enter their information and provide extra information explaining this?

[AmazonianX]

Hello,

I am due to apply for my ILR based on 10 years continuous residency next week. I have done an SAR and seen a visa curtailment consideration on there.

Background: I first entered on a Tier 4 visa in September 2013, completed my studies and applied for another Tier 4 visa in October 2017 (a few days before the end of my first visa) for my PhD. I switched to a Tier 2 in August 2021 (I had completed my PhD then but hadn't received my award yet) and I gave my company my notice in June 2023. This could have waited My last day of work is at the end of this month and from the SAR, they received a notification that my sponsor has stopped sponsoring my visa in June (2 weeks after I gave my notice). It also notes that the notice of resignation is effective from the end of this month.

My questions are:
1. Has my current visa being curtailed? I have not received any email from the home office and note that I no longer live on the last known address. Also, in the summary of the SAR, there is no outcome on the curtailment consideration entry. No one can tell if it's curtailed already as you have not received a curtailment letter. Your not living at previous address probably on records with HO also muddles things up as now not clear if curtailment letter already sent. Any way for you to check if you got mail at previous address???
2. For my ILR application, I need to fill in my employment details. Technically, when I submit my application I'll still be working with my last sponsor even if I'll no longer be there in 2 weeks. Do I enter their information and provide extra information explaining this? If you were on a work sponsored visa before and applying on this basis, there is a "needed for the foreseeable future requirements" if visa is curtailed already as you had given notice and your last day approaching this requirement will not be met. However as you are applyingon basis of ILR LR, this may not matter, mods and knowledgeable persons please clarify

[zimba]

ILR under long residence has no employment requirements. Curtailment has no effect on your ILR route as long as you apply before the visa expiry/new curtailed expiry date. The process of curtailment often takes months

[Mancuniann]

Hello,

I am due to apply for my ILR based on 10 years continuous residency next week. I have done an SAR and seen a visa curtailment consideration on there.

Background: I first entered on a Tier 4 visa in September 2013, completed my studies and applied for another Tier 4 visa in October 2017 (a few days before the end of my first visa) for my PhD. I switched to a Tier 2 in August 2021 (I had completed my PhD then but hadn't received my award yet) and I gave my company my notice in June 2023. This could have waited My last day of work is at the end of this month and from the SAR, they received a notification that my sponsor has stopped sponsoring my visa in June (2 weeks after I gave my notice). It also notes that the notice of resignation is effective from the end of this month.

My questions are:
1. Has my current visa being curtailed? I have not received any email from the home office and note that I no longer live on the last known address. Also, in the summary of the SAR, there is no outcome on the curtailment consideration entry. No one can tell if it's curtailed already as you have not received a curtailment letter. Your not living at previous address probably on records with HO also muddles things up as now not clear if curtailment letter already sent. Any way for you to check if you got mail at previous address???
2. For my ILR application, I need to fill in my employment details. Technically, when I submit my application I'll still be working with my last sponsor even if I'll no longer be there in 2 weeks. Do I enter their information and provide extra information explaining this? If you were on a work sponsored visa before and applying on this basis, there is a "needed for the foreseeable future requirements" if visa is curtailed already as you had given notice and your last day approaching this requirement will not be met. However as you are applyingon basis of ILR LR, this may not matter, mods and knowledgeable persons please clarify

1.I'll try to reach out to my previous address to see if I've got any mail from the Home Office. I believe I put down a forwarding address.

[Mancuniann]

ILR under long residence has no employment requirements. Curtailment has no effect on your ILR route as long as you apply before the visa expiry/new curtailed expiry date. The process of curtailment often takes months

I suspect it has not been curtailed yet because when compared to the other cases on my SAR, there's no case outcome and despatch details. However, the SAR was created on the 1st of this month and things might have changed. Is it worth following up with my employer to see if they've received any notice?

For the employment requirements, there's a section on employment where I provide my company details, role, earnings, company address, number and when I started working at the company. Do I use my current employment details even though this ends at the end of the month or my future employment details (which is hanging on this ILR)?

Also, on the application form, there is the question 'Do you have any Home Office reference numbers?' Is this referring to previous visa applications completed or a pending application with the HO?

[zimba]

You can add your current employment details. I repeat this has NOTHING to do with your ILR. You may as well leave it empty. Nothing changes whatsoever. You do not need to enter a home office number