Impact of 10 Years Long Residence Rule Change

[confuseddesi123]

I need advice on 10-years Long Residence and my timeline is below:


My absentism (period outside the UK) is as below:


Open Questions:
1. In 2014, during my Tier 2 – short term visa extension. I applied in Sep 2014 but due to the UKVI Home Office issue received my visa in Jan 2015. Will this cause any challenge in my 10-year long residence?
2. In 2015, my Tier 2 – Short Term visa was ending on 16 Mar 2015 but I left for home (India) on 28 Feb 2015. The reason to head back to India was to get my Tier 2 – Long term visa and the Tier 2 - Long Term visa was valid from 24 Mar 2015. There is a rule in the long residence that the person when heading back to their home country should have a valid visa and get their next visa stamped within 28 days. So, do you believe I meet these criteria?
3. In 2020, my Tier 2 – Long Term visa was ending on 05 Apr 2020 but due to covid-19, I received three default extensions until 31 August 2020. Do you think this period will be counted towards long residence?
4. How does the absentism work in long residence, do you think my absentism fits the criteria?
5. When can I apply for a 10-years long residence on 15 Mar 2024 or 20 Mar 2024?
6. Can I opt for super-priority or priority service during my 10 years long residence application?
7. Will my long residence period starts from April 2014 or April 2015?

[ywlgy]

1. No, it's ok.
2. The 28 days rule only matters if you left after visa expiry, which you didn't. So you are fine.
3. What default extension?
4. Yes
5. 28 days before 20 Apr 2024
6. Only normal or super priority is available for long residence.
7. 20 Apr 2014

[confuseddesi123]

1. No, it's ok.
2. The 28 days rule only matters if you left after visa expiry, which you didn't. So you are fine.
3. What default extension?
4. Yes
5. 28 days before 20 Apr 2024
6. Only normal or super priority is available for long residence.
7. 20 Apr 2014

What I mean by default extension is that between 05 Apr 2020 til 31 Aug 2020 I got three default Covid-19 extensions due to the lockdown. I had to apply thrice for the online extension and have received confirmation from the UKVI Home Office which says that my current visa (Tier 2 - Long Term ICT) is extended. Will this Covid-19 extension be counted towards 10-years long residence or will the UKVI Home Office object that this period was a grace period granted due to the pandemic? Please advice.

[ywlgy]

It will be counted.

[confuseddesi123]

Thank you @ywlgy for answering all my open questions!

One more silly question, is the Life in the UK test valid forever? I am planning to submit my ILR in March 2024 then is it okay if I appear for my Life in the UK in the next month or so?

Also, will the result of the Life in the UK be valid for my British citizenship which I will plan after 1 year of ILR?

[CR001]

LIUK test does NOT have an expiry date.

[zimba]

LIUK only need to be done once. There is no validity

[confuseddesi123]

Hi All,

I have a further question based due to the Long Residence rule changes on 12 April 2023.

Long Residence Rule Amendment:
"Treatment of time spent in the UK as a visitor, short-term student, and seasonal worker:
Any periods of time with leave in any of the following, are not ‘lawful residence’ for the purposes of long residence and will break continuous residence:
• any category of visitor granted under ‘Appendix V: Visitor’ of the Immigration Rules
• short-term student granted under ‘Appendix Short-term Student’ of the Immigration Rules
• seasonal worker granted under ‘Appendix Temporary work – Seasonal Worker’ of the Immigration Rules"

Question:
1. Will my Tier 2 – short term visa be still counted towards 10-year Long Residency? Or do I fall in the category of Visitor, Short-term Student or Temporary Work - Seasonal Worker visa types?
2. Will my Tier 2 – long term visa be still counted towards 10-year Long Residency? Or do I fall in the category of Visitor, Short-term Student or Temporary Work - Seasonal Worker visa types?
3. Am I still good to apply for my 10-years long residence 28 days before 20 April 2024?

The reason I ask as I am unclear whether Tier 2 ICT short-term and long-term visas are both counted towards 10-years long residence.

My timeline is:

[zimba]

There is no adverse effect for you. The recent rule changes exclude 'temporary' admissions and visas only, not short term Tier 2 ICT visas