ILR Long Residence Eligibility

[AND001]

I came to UK on student visa on 25 Dec 2014 and left for home country on 24th May 2016 as my visa was expiring on 26th May 2016. I applied for my next student visa from my home country in August 2016 and returned to UK on 28th September 2016. Since then i have been extending my visas within UK and currently on skilled worker visa since March 2023 .I thought as I have applied one visa outside UK so my clock has been reset but someone has mentioned to me today that its not the case because as long as you return within 180 days even if you applied next visa outside the UK your continuity does not break so if thats the case I feel i have been eligible to apply since Dec 2024?

[zimba]

Correct, you have been eligible since 2024

READ --> Long Residence settlement route (effective 11 April 2024)

[AND001]

Thank You Zimba.

I am very confused regarding mention of Visa applications made outside UK before 24 Nov 2016 and After 24 Nov 2016.

They say if you have not applied within 28 days of leaving the UK before 24 November 2016, your continuity is broken.

[zimba]

Thank You Zimba.

I am very confused regarding mention of Visa applications made outside UK before 24 Nov 2016 and After 24 Nov 2016.

They say if you have not applied within 28 days of leaving the UK before 24 November 2016, your continuity is broken.

That is for people who left the UK without a valid visa

[AND001]

Are you hundred percent confident? I'm really sorry to bother you again n again.

My profile is below

Entered UK first time on student visa on 28th December 2014

Left UK on 24th May 2016, visa expired 2 days after on 26th May 2016, left UK 2 days before.

Reapplied student visa from home country in August 2016 and returned to UK on 28th September 2016.

Since then, all the visa extensions are within UK and all applications have been successful and we're submitted before expiry of current leave.

[zimba]

Yes

Absences from the UK
Continuous residence is broken in specified circumstances such as when an applicant:

• is absent for more than 180 days in any 12-month period without permitted reasons

• is applying under Appendix Long Residence and was absent for a period of more
than 184 days at any one time where the absence started before 11 April 2024,
or spent a total of 548 days outside the UK in any part of their qualifying period
before 11 April 2024 - for any part of the qualifying period on or after 11 April
2024 the applicant must not have been outside the UK for more than 180 days in
any 12-month period (see Calculating the length of absences)

• is applying under Appendix Long Residence, left the UK before 24 November
2016 with no valid leave to remain on their departure from the UK, and failed to
apply for entry clearance within 28 days of their previous permission expiring
(even if they returned to the UK within 184 days)

https://assets.publishing.service.gov.u ... idence.pdf

[AND001]

Thank you so much. I will go ahead with the application then. Thanks again.

[AND001]

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 continuous
residence.
Applications for permission that were made outside the UK on or after 24 November
2016 will not break 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
Applications for permission that were made outside the UK before 24 November
2016 will not break continuous residence if:
• the applicant made a successful application for permission within 28 days of
their previous permission expiring
• the applicant had permission when they left the UK and made a successful
application for entry clearance before that permission expired

Please read above from the link you shared. This is again confusing me,


Applications for permission that were made outside the UK before 24 November
2016 will not break continuous residence if:
• the applicant made a successful application for permission within 28 days of
their previous permission expiring
• the applicant had permission when they left the UK and made a successful
application for entry clearance before that permission expired


I did neither and they don't mention that's it refers to people who overstayed and then left UK.

[zimba]

You are confused because you have a poor understanding of the rules and the guide does not clarify things properly. What you quoted does NOT specifically apply to the long residence route as per the rules. The long residence also has its own set of rules.

Here is a very detailed explanation of the rules ---> viewtopic.php?t=358309#p2202666

[AND001]

Thank you so much for the help.