Long residence ILR based on visa date

[Hayris10]

Hi,

I am currently on skilled worker visa but have been in UK for more than 9 years on different visas like ICT then as ICT dependent and then finally moved to skilled worker . I am planning to apply for ILR under 10 years route and would like to know how early can I apply for it given my below information:

The date in my visa vignette is 3-11-2014 an my first arrival date is 29-01-2015. Should I count my continuous residency from my arrival date or from the date on the visa vignette?

I referred to this paragraph from appendix continuous residency:

In these instances, you must establish the date the applicant was granted entry
clearance. The time between the grant of entry clearance and the date of arrival is a
period during which they had permission on that route and should be treated as a
period of lawful residence. In these instances, you must establish the date the
applicant entered the UK. The time between the grant of entry clearance and the
date they entered the UK counts towards the total of absences.

Can someone, who is aware of this or successfully applied on the visa date basis, confirm this please?

[Hayris10]

I have referred to other posts on the forum and they mentioned it is the arrival date but upon reading the guidance on long residency it is mentioned that

Continuous residence requirements for settlement on the long residence route
The continuous residence requirements (paragraph LR 12.1.) are set out in Appendix Continuous Residence to the Immigration Rules.

And the appendix continuous residency says different and hence the confusion

[zimba]

For the long residence, the 10 years are counted backwards from the relevant date and you need 10 years of 'presence' in the UK.

The long residence rule requires applicants to have at least 10 years continuous lawful presence in the UK before they can qualify for settlement.

Paragraph CR 6.1. of Appendix Continuous Residence sets out that the continuous residence periods will be calculated by counting back from the relevant date. This means that an applicant cannot rely on a historic 10-year qualifying period, outside of the limits defined in CR 6.1. See more detail in the Continuous residence guidance.

Which relevant date you might ask? The immigration rules paragraph CR 6.1 says:

CR 6.1. The continuous residence periods in CR 2.1., CR 2.2. and CR 2.2A. will be calculated by counting back from whichever of the following dates is the most beneficial to the applicant:
(a) the date of application; or
(b) any date up to 28 days after the date of application; or
(c) the date of decision; or
(d) for a person applying for settlement on the UK Ancestry route, the date of their last grant of permission.

https://www.gov.uk/government/publicati ... accessible
https://www.gov.uk/guidance/immigration ... -residence

[Hayris10]

Thanks Zimba for the reply.. but the HC 590 says Appendix Long Residence replaces existing provisions in part seven, so rules 276A to 276D are being deleted from the immigration rules.The standard requirements within Appendix Continuous Residence, Appendix English Language, and Appendix Cool UK have been applied to the long residence route

.So we can't take the visa date as the basis for counting the 10 years continuous residency as it is now made consistent with other routes like skilled worker 5 year route?

[zimba]

You are raising a valid point. Under the long residence, you need to have spent 10 years lawfully in the UK. This is why historically the date of the first entry was used to calculate this accurately but the move to appendix continuous residence could imply that the long residence route is now brought in line with other routes but this is not clear to me:

Appendix continuous residence says:

What does continuous residence mean?
The applicant must show all of the following:
• they have lived in the UK with relevant permission
• their residence is lawful
• they have not been absent for more than the specified periods, unless for permitted reasons

But Also:

Counting the continuous residence period
Where a person is applying for settlement as soon as they qualify you will need to
calculate their period of continuous residence. See Check immigration history
section of this guidance on how to calculate the period of continuous residence.

In these instances, you must establish the date the applicant was granted entry
clearance. The time between the grant of entry clearance and the date of arrival is a
period during which they had permission on that route and should be treated as a
period of lawful residence. In these instances, you must establish the date the
applicant entered the UK. The time between the grant of entry clearance and the
date they entered the UK counts towards the total of absences.

However, the appendix Long Residence says:

Qualifying period requirement for settlement on the Long Residence route
LR 11.1. The applicant must have spent a qualifying period of 10 years lawfully in the UK, for the entirety of which one or more of the following applied:
(a) the applicant had permission, except permission as a Visitor, Short-term Student (English language) or Seasonal Worker (or under any of their predecessor routes); or
(b) the applicant was exempt from immigration control; or
(c) the applicant was in the UK as an EEA national, or the family member of an EEA national, exercising a right to reside under the Immigration (European Economic Area) Regulations 2016 prior to 11pm on 31 December 2020 (and until 30 June 2021 or the final determination of an application under Appendix EU made by them by that date).

https://www.gov.uk/guidance/immigration ... -residence

[Hayris10]

Exactly.. I enquired with couple of immigration consultants and they too initially told arrival date but when I showed them this they agreed that this can be interpreted to take visa date as basis but since they haven't tried this with anyone so far they are not quite sure.. what do you suggest?do you think there is a chance here to apply based on visa date?

[zimba]

There is not enough clarification from the home office on these new changes, the rules certainly support your view but again it is still unclear. I suggest to remain on the safe side and follow the advice given historically on this matter

[Hayris10]

Hi,

I have completed 9 years 4 months+ in UK on different Visas like ICT long term main applicant and then as ICT dependent and currently on skilled worker visa. I have come across this new change that is brought in starting from 11th April 2024 which says:

LR 11.3. Subject to LR 11.4, the applicant must 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 in the 12 months immediately before the date of application.

Does it mean at the time of applying, I should had already spent 12 months on the current visa or I should be having 12 more months of validity ?

If it is the first case (already spent 12 months) then I am currently thinking to change sponsor of my skilled worker visa, will that be considered as continuation of the current permission or will it reset the clock such that I need to spend 12 more months from now before I could apply for ILR?

Thanks much in advance for the help

[zimba]

Please DO NOT start a new post and stick to this topic for all your questions.
You need to have spent 12 months under the current ROUTE, not the current visa.
This is clear in the relevant guide:

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.

https://www.gov.uk/government/publicati ... accessible

[Hayris10]

Thanks Zimba for the reply and apologies for starting a new topic as I thought it's a different rule and query

I have one more question, let's say if I switch as my wife's dependent (skilled worker dependent) then this will be considered as change in immigration route and reset the clock and have to spend 12 months more as dependent? Am I correct?

[zimba]

Correct

[Hayris10]

Hi,

Has anyone applied for ILR under 10 year long residence route based on the visa vignette (valid from) date in their first visa instead of the first entry date?
And whats the outcome? Was it successful? This will greatly help many people who are trying to find out.

PS: creating a new topic as the above topic is locked and no longer able to reply.

Thanks

[zimba]

Hi,

Has anyone applied for ILR under 10 year long residence route based on the visa vignette (valid from) date in their first visa instead of the first entry date?
And whats the outcome? Was it successful? This will greatly help many people who are trying to find out.

PS: creating a new topic as the above topic is locked and no longer able to reply.

Thanks

You can take your chances if you want to. I believe the rules support this

[Hayris10]

Thanks @Zimba for such a quick response. Really appreciate it.

I am trying to see if there are any successful applications. I spoke to few solicitors. Everyone says the rules support but suggesting to be cautious and go by entry date only. Hence checking

[Hayris10]

Hi @zimba, a qq, if I apply based on first visa date and I get a refusal, will it have any impact on my future applications? I mean if I reapply again in January, based on entry date, will it have impact?

[zimba]

Hi @zimba, a qq, if I apply based on first visa date and I get a refusal, will it have any impact on my future applications? I mean if I reapply again in January, based on entry date, will it have impact?

No. I believe the date of entry could be irrelevant as per the rules.

[secret.simon]

I think many here would be interested in the outcome of your application, so do keep us informed.

I think there is some confusion between "continuous presence" and "continuous residence".

Continuous residence could start at the grant of a visa, if so defined (as it appears to be), but I think continuous presence requires physical presence in the UK and can therefore only mean after the person has been present, not merely resident in the UK.

I think the parallel, which the Home Office likely is reading into the provisions, is the physical presence requirement for naturalisation, which requires the person to be physically in the UK at the start of the office year period immediately before the date of naturalisation application.

Either way, the only way we can learn what it means is if somebody tries it and either passes or fails. That is why the OP is requested to keep us updated about what happens next.

[Hayris10]

I will let you know the outcome. I hope everything goes positive. I hope it proves to be worthwhile.

However while filling the application, I got confused what to put for these two questions:

"How long have you lived in the UK"
1) Based on my first visa date should I mention 9 years 11 months or
2) Based on my first UK entry date should I mention 9 years 8 months

When did you first enter the UK
1) My first visa date - Should I mention 3rd November 2014 or
2) My actual first UK entry date - 29th January 2015

[zimba]

The answers are NOT used to make a decision. Provide any

[Hayris10]

After lot of contemplating and holding back myself. I took the risk and it paid off ... I applied on 6th December under super priority and received the decision today that it was successful. I am so happy . Thanks everyone especially Zimba for all the help and support. God bless you. Replying here so that whoever is in the similar situation can benefit from my experience. Thanks again

[zimba]

Congratulations