Query around Breaking continuous residence for Long Residence ILR 10 year route

[clariejoseph80]

Hello all,

My Husband holds an ILR through 10-year residency, I would be now applying for ILR through the 10-year route I have got the following query


1) I was on Tier 2 general dependent visa pre December 2020
2) In December 2020 I applied for FLR M visa as a dependent of a settled person and gave a SELT B1 (Speaking & Listening) LanguageCert International ESOL to prove English language skills
3) Since it is more than 2 years can I use my SELT B1 from LanguageCert given in December 2020 for my ILR application

Could you’ll please advise, Thanks

[zimba]

Yes you can

[clariejoseph80]

Thanks Zimba for the reply

[clariejoseph80]

Hello all,

My Husband holds an ILR through 10-year residency, I Have always been a dependant on him in terms of visa, now I have completed my 10 years in UK on different dependant visa in UK

1) 6 Years TIER 2 ICT dependant
2) 2 Years TIER 2 General dependant
3) 2 Year Family route dependant visa of a settled person

Could you'll please suggest which type of application should I use for my ILR Application, Thanks

[meself2]

SET(LR), same as what your husband used, assuming you're in line with absence limits and such.

[zimba]

https://visas-immigration.service.gov.uk/product/set-lr

[clariejoseph80]

Thanks Zimba and meself2

[clariejoseph80]

Hello All,

I am applying for ILR under SET(LR) , I am eligible to apply for it but have below queries as I have a holiday planned and would like your advice, Thanks

1) My Current Family route visa expires on 5 August 2023, I have a planned holiday from 20 July to 2 August 2023 to the US , and would return back on 2 August to UK , As my BRP has an expiration date of 5 August would there be problem at UK immigration when I enter the UK on 2 August
2) Can I Submit the ILR application once I enter the UK on 3 August 2023
3) Is there a possibility of Submitting the ILR application before my US trip and then leave the UK , would there be a problem at immigration

[zimba]

Please refrain from starting a new topic for each question regarding your application. Just stick to this post

You should apply after you return from your trip. Having left a few days on a visa is not an issue. If you apply for an application and then travel, your application will be automatically withdrawn as per the rules

[clariejoseph80]

Thanks, Zimba your are a star, will refrain from starting new topic for my ILR queries

[clariejoseph80]

Hello All

My Husband holds an ILR through a 10-year residency, I Have always been a dependant on him in terms of visa, now I have completed my 10 years in UK on different dependant visa in UK

1) 6 Years TIER 2 ICT dependant
2) 2 Years TIER 2 General dependant
3) 2 Year Family route dependant visa of a settled person

But while switching from TIER 2 ICT dependant to TIER 2 General dependant following were the circumstances

1) My husband had left the company sponsoring his previous TIER 2 ICT visa 4 months back and was on his new TIER 2 General visa ( Would the company have terminated my TIER 2 ICT dependant ?)
2) I traveled out of UK and the Visa switch was done out of UK
3) At the time of my switch my TIER 2 ICT dependant had expiry date which was more than 6 months away
4) Please note I have never been out of the UK for more than 150 days during these 10 years

Would have the above scenario caused a break in my continuous residence for Long Residence ILR 10 year route, Could you'll please advise, Thanks

[zimba]

Please refrain from starting a new post for your application. This is the second time you are told to stick to your topic

There was no switch from 'TIER 2 ICT dependant to TIER 2 General dependant'. All PBS dependant visas are treated the same as they were all granted under the same rules. If you left the UK with a valid visa and returned within 180 days, then continuous residence is not broken under the long residence rules. The expiry date of your visa or the type of new visa you returned with is irrelevant

[clariejoseph80]

Thanks Zimba will stick to this post

[clariejoseph80]

Just another thought Zimba would my visa be valid under this circumstance,

1) My husband had left the company sponsoring his previous TIER 2 ICT visa 4 months back and was on his new TIER 2 General visa ( Would the company have terminated my TIER 2 ICT dependant ?)

can a company terminate a dependent visa before its expiry making it invalid?

[vinny]

No. The Home Office would have to curtail or cancel leave in writing.

[zimba]

Just another thought Zimba would my visa be valid under this circumstance,

1) My husband had left the company sponsoring his previous TIER 2 ICT visa 4 months back and was on his new TIER 2 General visa ( Would the company have terminated my TIER 2 ICT dependant ?)

can a company terminate a dependent visa before its expiry making it invalid?

As Vinny pointed out, under the immigration rules no visa automatically becomes invalid due to some side effect. A valid visa must be curtailed or cancelled by the UKVI if deemed necessary. This will be communicated to a visa holder. Unless a visa is cancelled or curtailed, a visa will remain valid until expiry

There is a guide on this: https://assets.publishing.service.gov.u ... ission.pdf

[clariejoseph80]

Thanks Vinny and Zimba for your valuable advice