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2 months gap without any VISA, Will it be considered for ILR
Posted: Mon Feb 25, 2019 12:48 pm
by syamK
Hi,
I have a query regarding the time calculation for ILR. I came to UK in 2017 Jun and I am having a Tier2 ICT VISA till Jun 2020. My wife want to study her masters from sept 2020 onwards. There was a gap of 2 months and we will not have any VISA at that time.
Will the overall duration considered for ILR ?
Thank you,
Syam
Re: 2 months gap without any VISA, Will it be considered for ILR
Posted: Mon Feb 25, 2019 12:58 pm
by CR001
It depends on a lot of things and what the rules are for long residence ILR in 2027.
Currently, if you leave the UK with valid leave and return within 180 days, continuous residence is jot broken.
You cannot stay in the UK once your current visas expire.
Re: 2 months gap without any VISA, Will it be considered for ILR
Posted: Mon Feb 25, 2019 1:11 pm
by bizman
Are you currently working with your visa and do you intend to extend it.?
Re: 2 months gap without any VISA, Will it be considered for ILR
Posted: Mon Feb 25, 2019 1:13 pm
by CR001
bizman wrote: ↑Mon Feb 25, 2019 1:11 pm
Are you currently working with your visa and do you intend to extend it.?
User trying to look at options to reach 10 years.
uk-tier-2-employer-sponsored-visas/can- ... 75507.html
Re: 2 months gap without any VISA, Will it be considered for ILR
Posted: Mon Feb 25, 2019 1:18 pm
by bizman
Why Inam asking is because it’s shorter to extend and apply for ILR except he has any challenge with that
Re: 2 months gap without any VISA, Will it be considered for ILR
Posted: Mon Feb 25, 2019 1:19 pm
by CR001
bizman wrote: ↑Mon Feb 25, 2019 1:18 pm
Why Inam asking is because it’s shorter to extend and apply for ILR except he has any challenge with that
Tier 2 ICT does not lead to ILR based on 5 years residence.
Re: 2 months gap without any VISA, Will it be considered for ILR
Posted: Mon Feb 25, 2019 1:50 pm
by bizman
Ok thanks for the clarification
Without VISA break duration for ILR application
Posted: Tue Dec 15, 2020 10:51 pm
by syamK
Dear Team,
I have a query on ILR duration. For an ICT applicant, If he/she dont have any VISA for a couple of months in an entire 10 years. Will it be considered ?
Re: Without VISA break duration for ILR application
Posted: Tue Dec 15, 2020 11:17 pm
by ajitu92
You need to provide more detail regarding your immigration history for anyone to be able to meaningfully contribute to your question
Re: Without VISA break duration for ILR application
Posted: Wed Dec 16, 2020 2:10 pm
by secret.simon
syamK wrote: ↑Tue Dec 15, 2020 10:51 pm
I have a query on ILR duration. For an ICT applicant, If he/she dont have any VISA for a couple of months in an entire 10 years. Will it be considered ?
Is it the same query as above? If so,
CR001 has already answered it earlier.
The current rules are that continuity of residence is retained if the person leaves the UK
before the current visa expires (leaving even the day after breaks continuity of residence) and returns to the UK within 180 days on either the same or a different visa.
As
CR001 has mentioned above, the Rules could be very different in 2027 and the application will be assessed on the Rules then in force.
An example of such a rule change was when the earlier rule allowing ILR after 14 years of any (legal or illegal) residence in the UK was changed to FLR(FP) after 20 years of any residence (thus effectively doubling the time to reach ILR from 14 years to 30 years).