Time spent outside UK

[wasabi22]

Can anyone offer some clarity on the language used in the 10 year ILR guidance VS. the language used on the government website. Do I need to be on my current visa/permission for 1 year? Or do I need to be on my current immigration route for 1 year?

On the .gov website, it states:
"You’ll usually need to have held your current permission for one year."

But in the long residence guidance, it states:
"The applicant must also have had permission on their current immigration route for at least 12 months on the date of application or have been exempt from immigration
control within the 12 months immediately before the date of application. This requirement does not apply where the applicant’s current permission was granted before 11 April 2024."

I was on a Skilled Worker visa prior to April 11, 2024. But I switched employers after April 11, 2024, and I got a new Skilled Worker visa. Do I need to be on my current visa for 12 months? Or will the time I spent on the previous Skilled Worker visa count towards the 12 months? I have remained on the same immigration route throughout. Following the guidance, it seems they are targeting the length spent on the immigration route, not the length spent on the current visa itself.

I am not eligible for the 5 year ILR, as I have not spent 5 years on a work visa.

[zimba]

Yes it clearly says 'current immigration route"

[wasabi22]

Thanks

Yes to what exactly? I need to spend 12 months on my current visa? OR;

I need to spend 12 months on the Skilled Worker immigration route (albeit on multiple Skilled Worker visas)?

[CR001]

Thanks

Yes to what exactly? I need to spend 12 months on my current visa? OR;

I need to spend 12 months on the Skilled Worker immigration route (albeit on multiple Skilled Worker visas)?

Your visa ROUTE is Skilled Worker. Who and how many employers you have had is irrelevant!

[wasabi22]

Great, thanks both! I'll apply for the 10 year ILR once I've been on the Skilled Worker route (my current route) for 12 months.

[wasabi22]

Hey all! Could someone who has been in the same situation please help with this.

I am about to apply for 10 year ILR

In 2019 I left the UK before my visa expired.

A couple days later, my visa expired while I was in my home country.

I then got for a new visa an re-enter the UK. I arrived back in the UK about 2 months after I left.

I am aware that continuous residence was not broken. But do the 2 months count towards the 10 years?

The guidance states that the applicant must have held permission for the entire 10 year duration. I did not have permission for the 2 months I was in my home country.

Do I have to wait an additional 2 months before I can apply for 10 year ILR? (i.e. total duration will be 10 years and 2 months) OR do I count the 2 months as part of the 10 years (i.e. total duration will be 10 years)?

Anyone that has been in the same situation and has received the outcome of their application, please advise!

Thanks

[zimba]

Yes, those two months will count as you left with a valid visa and returned within 6 months.
Search for Example 2: specific to Appendix Long Residence

Continuous residence guidance: https://assets.publishing.service.gov.u ... dence.pdfå