Immigrationboards.com

Is it possible to get advice whether the below case is eligible for ILR or not?

Can we start the ILR Continuous period with the date outside of the UK?

Example:

Here is the visa start date or Departure Date from UK and Return Date to UK





Departure Date Return Date Visa Categoy and details Days outside of UK
---------------|-------------|-----------------------------------------------------------------------------------------------------------------------------|-------------------
20/04/2015 -|-31/05/2015 -|-Tier 1 (General Partner) Visa started and Entered to UK. -|- 40
18/09/2015 -|-21/09/2015 -|- -|- 2
16/10/2015 -|-19/10/2015 -|- -|- 2
04/02/2017 -|-18/03/2018 -|-Tier 1 (General Partner) Visa Expired while in India and new Visa Application is made on Mar 09th 2018. -|- 406
19/03/2018 -|-02/04/2018 -|-No Valid UK visa during this period of stay in India, But the new application decision is still pending. -|- 13
03/04/2018 -|-11/04/2018 -|-Tier 2 Dependant (PBS Dependant Leave) is started while in india and Entered to UK. -|- 7
10/01/2019 -|-24/03/2019 -|- -|- 72
29/10/2019 -|-26/01/2020 -|- -|- 88





Based on the above dates, I wanted to check whether we can start ILR Continuous period from 01st Feb 2018?
i.e.., whether they are eligible for ILR by 01st Feb 2023 or not?
Appreciate your response regarding the same.



Departure Date Return Date Visa Categoy and details Days outside of UK
---------------|-------------|-----------------------------------------------------------------------------------------------------------------------------|-------------------
01/02/2018 -|-11/04/2018 -|- From 01st Feb 2018 till 18th Mar 2018 → Tier 1 General Partner Visa. -|- 68
From 19th Mar 2018 till 02th April 2018 → No Valid UK Visa ,
but New visa Application Decision made on 09th Mar 2018 decision is Pending.
From 03rd April 2018 (PBS Dependant Visa Started)But First entry to UK on this visa is on 11th April 2018.
10/01/2019 -|-24/03/2019 -|- -|- 72
29/10/2019 -|-26/01/2020 -|- -|- 88

Tier 1 General Partner visa never existed. The old Tier 1 General route was part of the PBS system and their dependants were granted PBS dependant visas. Similarly, the old Tier 2 General visa was part of the PBS system and their dependents were granted PBS dependant visas. There was no difference between the visa type of dependants under PBS. They were all granted visas under PBS dependent rules. You can count all the time spent under the PBS dependent route towards ILR. PBS dependants had no absence limits for ILR except for any period of visa issued after 11 Jan 2018.

Thanks Zimba.
Appreciate for your response.

Here is the start and end dates of 5 Years I am planning to apply visa then.

Start Date End Date
01/02/2018 31/01/2019
01/02/2019 31/01/2020
01/02/2020 31/01/2021
01/02/2021 31/01/2022
01/02/2022 31/01/2023

Then Only Questions I have is, On 01/02/2018 the person is outside of UK is that still okay to go ahead file the ILR. But Note the person first Arrived to UK on 31/05/2015.

Yes it is fine

@zimba, are you sure on the point that the ILR five years can start at a point when the applicant had no valid visa for the UK?

From the OP's posts, it seems that not only was the applicant not in the UK, but also they had no extant visa and an application for a new visa was made abroad, in which case, I would have thought that the ILR clock would have reset to zero.

Please correct me if I am wrong.

To the OP: what was the date that the new visa was issued in 2018?

Keep in mind that I think you are confusing two separate scenarios.

For the purposes of the PBS dependent route, continuity is not broken of a person leaves the UK and returns on the same visa (i.e. without a renewal or new visa application being made).

However, to the best of my knowledge, continuity is broken if the applicant's visa expires abroad and they make a fresh application abroad (even if in the same category). In that case, I understand that the clock would start running from zero as of the date of the issue of the new visa. It may probably be prudent to wait for the fifth anniversary of the applicant's arrival in the UK before making the application anyway.

https://assets.publishing.service.gov.u ... 2.0ext.pdf

@secret Simon,
in the above link section Continuation of lawful leave during absences from the UK and then
On or after 24 November 2016

The continuous period is maintained if the applicant either:
• leaves the UK with valid leave, applies for entry clearance before their leave
expires, is granted and re-enters the UK using that entry clearance
• applies for new entry clearance within 14 days of their leave expiry date, one of
the circumstances below applies, their application is granted and they re-enter
the UK using that entry clearance


Also in the following section:
Breaks of leave and allowable absences

For any acceptable breaks of leave, the period spent outside of the UK will count
towards the 180 days allowable absence. This includes any time:
• while their leave remains valid
• after the expiry of their leave
• while the entry clearance application was under consideration
• before they entered the UK once entry clearance had been granted

Based on the above information , I am thinking ILR clock won't reset.

hanumannallapati wrote: ↑

Fri Jan 06, 2023 6:17 pm

Based on the above information , I am thinking ILR clock won't reset.

@secret.simon
This is my view too as per the rules on breaks in lawful continuity. The OP left the UK with valid leave and applied for a new entry clearance before visa expiry outside the UK and was subsequently granted a visa