ILR under Long residency rules

[dewdrops1420]

Hi,

I came to UK in May 2011 on Tier 2 Skills Transfer visa and after a year went back to home country and came back through Tier 2 ICT Long Term visa.Now I'm on Tier 2 General dependant visa as my spouse got sponsorship from a company.
By 2020,we will have to extend the Tier 2 General visa.But suppose I get sponsored by a company in 2020,can I apply for ILR under long residency rules in 2021

I have got letter from my employer justifying the 180 day rule

Tier 2 Skills Transfer visa 2011-2012
Tier 2 ICT visa 2013-2017
Tier 2 General dependant visa 2017-2020
Tier 2 General main applicant visa from 2020-2021.

I got this doubt as I read somewhere that Tier 2 General visa will not lead to ILR after April 2019.

Could someone please clarify my doubt.

Thanks in advance.

[iworker]

how much was the gap when u were out of uk. U need to put dates of date valid till, date left uk, and date entered again.
U heard wrong about tier 2 not leading to ilr.

[dewdrops1420]

Thank you for the reply.

I left UK on 30-Nov-2012 and returned back on 09-May-2013,so gap is 192 days though my Tier2 ICT visa valid from 11-Apr-2013.

[poper]

I left UK on 30-Nov-2012 and returned back on 09-May-2013,so gap is 192 days

How come the gap is 192 days??? What was your calculation?

[gag285]

Thank you for the reply.

I left UK on 30-Nov-2012 and returned back on 09-May-2013,so gap is 192 days though my Tier2 ICT visa valid from 11-Apr-2013.

What was the end date on your Tier 2 Skills Transfer Visa? If you applied for Tier 2 Long Term in 2013 while your previous leave was still valid or in 28 days grace period , the continuous leave may have remained existent. The gap question comes second to that.

[CR001]

Thank you for the reply.

I left UK on 30-Nov-2012 and returned back on 09-May-2013,so gap is 192 days though my Tier2 ICT visa valid from 11-Apr-2013.

Not sure how you are counting but I certainly dont get 192 days!! I get less than that.

[dewdrops1420]

Sorry,my leaving date was 30-October 2012.
My Tier2 Skills Transfer got expired in 2012 itself,hence I returned back to home country.
I'm just worried about the small gap between 30-October-2012 and 09-May-2013 though my Tier2 ICT visa isvalid from 11-Apr-2013.

TIA

[CR001]

If you left the UK on 30th October and only returned on 9th May, then you have broken your continuous residence if this is more than 180 days absence. It makes no difference what date your ICT visa was valid from in 2013.

[dewdrops1420]

Hi,

Thanks for the reply.
But I have got letter from my company stating the reason for the gap.
If I submit it along with ILR application 180 days gap issue will be resolved rt?

TIA

[CR001]

For long residency, ANY gap of 180 days or more breaks continuity of residence. There are very few exceptions or discretion given for absence exceeding 180 days.

There have been a few refusals posted by members who applied for long residence ILR with extremely exceptionally compassionate reasons (parents death etc).

[dewdrops1420]

ok,thank you.

[gag285]

For long residency, ANY gap of 180 days or more breaks continuity of residence. There are very few exceptions or discretion given for absence exceeding 180 days.

CR001, Does the gap in the change of visas not break the continuous leave anyways. IMHO had his Tier 2 ICT expired in 2012 and didn't apply for the next leave until April 2013? I am not 100 % on this one but my wife has a near similar situation and I always assumed she wouldn't qualify for long residence although she has a gap less than 180 days, the change in visas took about 4 months.

[CR001]

For long residency, ANY gap of 180 days or more breaks continuity of residence. There are very few exceptions or discretion given for absence exceeding 180 days.

CR001, Does the gap in the change of visas not break the continuous leave anyways. IMHO had his Tier 2 ICT expired in 2012 and didn't apply for the next leave until April 2013? I am not 100 % on this one but my wife has a near similar situation and I always assumed she wouldn't qualify for long residence although she has a gap less than 180 days, the change in visas took about 4 months.

No it does not. The requirement is that the applicant left the UK with valid leave and return with valid leave (either the same visa or a new entry clearance) within 180 days.

This does not apply to certain categories of visas for ILR based on 5 years residence though.

[gag285]

No it does not. The requirement is that the applicant left the UK with valid leave and return with valid leave (either the same visa or a new entry clearance) within 180 days.

Wow that's a pleasant surprise. This literally cuts down a year to qualify for ILR based on long residence for my wife. Thank you.