Gap in the 10years for ILR

[subzarbi]

Apologies in advance if something similar has been posted previously.

Basically, I am trying to find the answer to this question.

CONTEXT:
My student visa at that time was to expire on the 22/09/20 during COVID
Back then, as my country's border was closed due to COVID I couldn't get a flight back home but was given the exceptional assurance.
My countries border opened back on 01/10/20. But due to COVID they had very limited seats and the earliest I was able to only book a flight on, was the 10/10/20.

The condition to receive my CAS for my masters back then was that to go back to my home country and show the compliance team my arrival stamp. Sadly COVID and those flight restrictions delayed that and I went just over the 14 day limit between my visa expiring and my new visa application which was sent on the 13/10/20.


Is there any other outcome to this? Or has the gap completely ruined the 10 year ILR?

Thank you so much in advance if you could help me.

[subzarbi]

Apologies. I want to add that I came back to the UK on the 14/02/21

[zimba]

There is no 14-day rule to benefit from under the long residence rules. Normally leaving the UK with a valid permission and returning within 6 months means you can keep the continuous residence intact. But this means anyone granted exceptional assurance for not being able to leave the UK due to COVID ended up breaking their continuous residence, which is unfair. What is not clear is whether the rules should view exceptional assurance as having 'permission' in this context.

Appendix continuous residence says:

Applications from outside the UK
In limited circumstances where a person had permission before leaving the UK and made a successful application from outside of the UK, it will not break the period of continuous residence.

Applications for permission that were made outside the UK on or after 26 November 2016 will not break the period continuous residence if:

•the applicant had permission when they left the UK and made a successful application for entry clearance before that permission expired
•the applicant had permission when they left the UK and made a successful application for entry clearance within 14 days of that permission expiring except for applicants applying under Appendix Long Residence
•under Appendix Long Residence, where the applicant had permission when they left the UK, and returned to the UK with valid permission in the same or another route, provided the applicant was not absent for more than 184 days where the absence started before 11 April 2024, or 180 days for absences which started on or after 11 April 2024, continuous residence is not broken

https://www.gov.uk/government/publicati ... le-version

Also note that any time spent under exceptional assurance does not count towards the 10 years of lawful residence required under the long residence but such period does not break your continuous residence.

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

[subzarbi]

Thank you very much for your reply.

So if I understood properly, the additional 18 days I stayed in the UK under exceptional assurance, I would have to wait an extra 18 days before I apply for ILR (long residence). But now, it depends whether or not, exceptional assurance has broke my continuous residence status, right?

So you also meant that it was not stated whether or not leaving the UK under exceptional assurance is considered as valid permission?

Apologies in advance if I sound very confused, this is all new to me and is indeed really confusing.
But again thank you so much for reply and providing me with so much help.

[zimba]

Yes, you got that correctly. While time spent under exceptional assurance will not count that is not the main issue. You can make up for that by staying longer. However, the main concern is whether they accept that you left with permission or not. Otherwise, your continuous residence will be broken

[subzarbi]

I see. Though I will only reached 10 year next year September I wanted to get this clear as it was bothering me to not be sure if the initial visa gap was an issue. But not will wait and see, hoping the exceptional assurance would not cause any issue when I apply next year.

Again thank you so much for helping understand those and also making it clear for me. Very grateful.