ILR 10year route-qualifying period

[Akstirupati]

Hi All,

I have query around qualifying period especially about the period between permissions(overstaying)

Entry to UK:07 Nov 2015
Validity till :07nov 2016
Left UK on :22 oct 2016
Applied for Long term ICT on :11 nov 2016
Visa issued on :15 Nov 2016

While I understand my continous residence is maintained however I made new application after the expiry of 1st permission.

My query: 1. Will those 8 days(08 nov to 14 Nov 2016) be counted as overstaying
2. If yes then is it disregarded ?
3. If not, then do I need to wait for 8more days to apply for ILR under SET LR category which will be 07 Nov 2025 +8 days= 15 Nov 2025 ( ILR date 18 Oct 2025)

[CR001]

There is no overstaying as you were NOT in the UK!!!

[secret.simon]

Visa issued on :15 Nov 2016

What date did you return to the UK?

And as CR001 has mentioned above, there was no overstay, because you were not in the UK.

[zimba]

Read item 3 here: Lawful and continuous residence changes to Long Residence route from 11 April 2024

[Akstirupati]

Thanks for swift reply.

I travelled back on 20th Nov 2016. Period between 15th Nov 2016 to 20th Nov 2016 ,will be calculating towards 184count however not sure about period between 07 Nov 2016(Ict short term expiry) and 15th Nov 2016(ICT long term ).

I got confused with lines "period between permissions wont be counted towards qualifying period even if continous residence is maintained".

[Akstirupati]

Also, may I check on below points too.

1. ICT short term permission grant date: 22nd Oct 2015
2. ICT short term validity from(vignete): 07 Nov 2011
3. 1st entry in UK : 07 Nov 2015

Does this mean I could apply for ILR considering 22nd Oct 2015 date? As this is permission grant date and period between 22nd oct to 07 Nov 2015 will be counted under 184 days?

[zimba]

Also, may I check on below points too.

1. ICT short term permission grant date: 22nd Oct 2015
2. ICT short term validity from(vignete): 07 Nov 2011
3. 1st entry in UK : 07 Nov 2015

Does this mean I could apply for ILR considering 22nd Oct 2015 date? As this is permission grant date and period between 22nd oct to 07 Nov 2015 will be counted under 184 days?

Yes.

Make sure to read: Applicants can benefit from the date of the ILR decision

[Akstirupati]

Cheers @Zimba. It's really helpful.

"In these instances, you must establish the date the applicant was granted entry
clearance"

So to confirm "date the entry clearance granted" is your "outcome date" and not the vignette start date.

Could you kindly confirm on this, please.

I will ensure to enroll for biometric between 24th Sep 2025 to 22nd Oct 2025( 28 days from outcome date which is 22nd Oct in my case)

[zimba]

Yes.

[Akstirupati]

Thanks Zimba for clarifying.

Sorry, I have few follow questions.

1. Brp start date: 22 Oct 2015
vignette start date/entry date : 07 Nov 2015
Do I have to show period between 22nd oct and 07 Nov as absence? I am preparing list of all my absences.

2. 10 qualifying period will be complete 22 Oct 2015 + 10 years -28 days = 24 Sep 2025

3.For english requirement: I have Ecctis certificates which is used for skiller worker visa. Is it sufficient? Do I produce original degree certificate ( non-UK university)

I will appreciate in your help with these queries.

[zimba]

1. You do not need to enter that period on the form. It just will count as absence automatically

2. That is the date of earliest ILR eligibility

3.

Evidence from NARIC
An applicant must provide an AQUALS or a statement of comparability from Ecctis (formerly UK NARIC) confirming the qualification is equivalent to a UK qualification. Where the qualification was obtained in a non-majority English-speaking country, an ELPS or an English language assessment (ELA) is also required.

However, you do not need to see additional confirmation from Ecctis (formerly UK NARIC) where the:

• Home Office have previously accepted a degree qualification as meeting the requirements for an earlier application, and leave was granted
• degree was awarded by a UK university

If the qualification has not previously been used for an immigration application, or the previous application was refused, the applicant must obtain confirmation from Ecctis (formerly UK NARIC) that it meets the relevant criteria.

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

[Akstirupati]

Thanks for your help Zimba, your patience and advice is much appreciated.

I went through various advice of your on the forum and my concept of earliest ilr eligibility date is now clear.

[Akstirupati]

Hey Zimba,

I seek your advice for few more questions.

Documents for Set LR.

1. The form asks about employment details if employed. Do we need to provide employer letter giving high levelled employment details?

2. Unlike skilled worker ILR, we dont need employer letter justifying absences: is my understanding right?

3. Cover letter: What do we usually provide here? Do I need to explain events like:- 1. Considering issue date from SAR as grant date of entry clearance to find earliest ilr eligibility.
2. Made in time application while extending ICT within UK
3. Evisa details, etc.

4. Absences: If any absence is missing from SAR, and we too miss to highlight then what are the consequences?

All I need is : 1. All passports, brp copies
2. Ecctis documents
3. Address proof
4. List of absences.
5. Life in UK test URN
6. Not sure about : Employer letter, Payslip, Bank statement,cover letter.

Sorry to shoot too many queries your way.
Thanks in advance.

[zimba]

There is no employment requirement at all. You do not need to provide anything. For absences, you provide all the details as per your passports.