Set (LR) impact of exceptional assurance

[ajuatbhm]

I came to UK on 09/06/2015 on Tier2 ICT visa. Switched to Tier 4 student visa on 16/09/2019 which had validity until 07/01/2021. However due to covid and closure of international border I was given exceptional assurance(EA) from 05/01/2021 until 30/04/2021. I got a job on 01/04/2021 and skilled worker visa was applied before 30/04/2021. My current skilled worker visa is valid until 29/03/2026.
I have applied for ILR via long residency on 25/06/2025. Does the above mentioned period of EA will cause issue to my application? Would it have been any better if I would have applied 4months later?
Anyone had similar scenario please share your experience.
Admins & moderators please let me know your feedback based on your expertise in this area.

[zimba]

The long residence guide says:

No periods of overstaying (disregarded or otherwise) are included in the calculation of the qualifying period. No periods of exceptional assurance between 1 September 2020 and 28 February 2023 are included in the calculation of the qualifying period. However, any extensions of permission granted under the Coronavirus extension concession and the following grace period (covering 24 January to 31 August 2020) count toward the qualifying period requirement. See guidance on the Coronavirus Extension Concession (CEC) and the Exceptional Assurance Concession.

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

You are not eligible for ILR given that any time spent under exceptional assurance is excluded. However, there could be even a bigger problem and potential break in your continuous residence. You got EA until 30/04/2021 and applied for a new visa on 01/04/2021 but the EA did NOT grant any leave and hence your application could not lead to any section 3C protections. This means after 30/04/2021 you effectively were overstaying until your skilled worker visa was issued.

When was your skilled visa granted ? Did you get an EA extension after 30/04/2021 ?

[ajuatbhm]

Apologies for my late response.
Thanks for your swift response.
I was not given any further EA after 30/04/2021.
The skilled worker BRP was issued on 11/05/2021. As far as I understand if someone is within the country and applied for a visa until a decision has given it is not counted as overstay. My company is very particular about these things they would not let any one work for them if the person is overstaying.
If I understood your reply correctly, I do not meet the long residence route for ILR. Correct?

[zimba]

Yes. Apart from being short of the required 10 years to qualify as I explained before, it seems you were an overstayer between 30/04/2021 and 11/05/2021. In fact, any period under the exceptional assurance itself was unlawful, however the rules simply disregard them. UKVI may choose to apply discretion but there are no guarantees.

[ajuatbhm]

Got it thanks.
Unfortunately I can't do anything about the period in past and change my application. However I would like to know according to which clauses I am overstayer? Because being not eligible for ILR is one thing and being overstayer is another thing. The later is actually an offence.

[zimba]

Got it thanks.
Unfortunately I can't do anything about the period in past and change my application. However I would like to know according to which clauses I am overstayer? Because being not eligible for ILR is one thing and being overstayer is another thing. The later is actually an offence.

Not having a valid visa makes you an overstayer. I already explained it above

[ajuatbhm]

Just to update for the benefit of other members.
My ILR application is successful under the 10yr route. Thank God. I am not sure however as the result came exactly on day 90, I guess they waited for the gap during EA to be covered and grant me the ILR.

Also it clarifies there was no overstay period between end of EA and the next visa date because the visa was applied while I was inside the country.

[zimba]

Just to update for the benefit of other members.
My ILR application is successful under the 10yr route. Thank God. I am not sure however as the result came exactly on day 90, I guess they waited for the gap during EA to be covered and grant me the ILR.

Also it clarifies there was no overstay period between end of EA and the next visa date because the visa was applied while I was inside the country.

Congratulations

You are correct that they had to wait until you have enough lawful residence for you to qualify