10 years Long Residence ILR queries

[anhkiet1903]

Hi all,

I am currently on my SWV which will expire on 3 October 2025.

The earliest I can send in my application for the 10 years long residence ILR will be 20 August 2025 (already taken into account 28 days rule from first entry to UK back in 2015).

I have just recently been told by my employer that my employment will end on 1 August 2025 and not by the SWV expiry date i.e 3 October 2025.

I have two queries that I would be grateful for assistance:

1) Can I still make the long residence ILR application on 20 August 2025 as planned or do I need to seek new employment before submitting the ILR application?

2) My first Tier 4 visa expired on November 2017. I left the UK on July 2017, applied and received my second tier 4 visa in my home country, and returned to the UK in September 2017 using my second tier 4 visa. Can I ask does this cause any issue as I applied outside of the UK? All of my subsequent visa applications were within the UK.

Any help would be much appreciated, thank you!!

[zimba]

1. You do NOT need any employment to apply under the long residence at all.
2. No it does not cause any issues.

Things to know

• Since April 2024, the rules under appendix continuous residence applies to the long residence route. The whole 'consider the entry date' is outdated advice now. Your qualifying period starts from the first visa approval.

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.

Guide: https://assets.publishing.service.gov.u ... ce__1_.pdf

• The 10 years is counted backwards and from the date of ILR decision. This means you can apply sooner and benefit from the date of ILR decision.

See: Applicants can benefit from the date of the ILR decision

• There have been some fundamental changes in 2024 to the long residence rules. You need to familiarise yourself with those changes.

See: Lawful and continuous residence changes to Long Residence route from 11 April 2024

[anhkiet1903]

Thank you @zimba for your comment!

Just regarding 1), please can I clarify with you whether the curtailment of my SWV would have any impact on the ILR LR application.

I assume that the 60 days curtailment period will apply from 1 August so I would have until end of Sep to stay in the UK (which is basically near to the expiry date of my SWV anyways). However, I am just unsure whether applying for LR ILR is possible under this 60 days period. I know you can apply for a new visa but not sure about ILR?

Thank you very much and this would be my last query!

[zimba]

Thank you @zimba for your comment!

Just regarding 1), please can I clarify with you whether the curtailment of my SWV would have any impact on the ILR LR application.

I assume that the 60 days curtailment period will apply from 1 August so I would have until end of Sep to stay in the UK (which is basically near to the expiry date of my SWV anyways). However, I am just unsure whether applying for LR ILR is possible under this 60 days period. I know you can apply for a new visa but not sure about ILR?

Thank you very much and this would be my last query!

You can file the application as long as you have a valid visa. A potential curtailment has no effect on your eligibility