ILR through GTV and Tier 2 Visa

[Kian2537]

Hi Mate,

I have quite similar situation to you and I don't know whether I am eligible to apply for ILR or not?
I would really appreciate if any one can provide me with an answer about whether the time spent on exceptional assurance is counted towards continuous residence or not?

please have a look on my history of visa as below:

I have once held a 2-years and 3-months Tier2 visa to entry UK on 01 December, 2018 and the visa expired on 23 March, 2021. Then I was issued the "exceptional assurance" to avoid me becoming an overstayer. On 23 June 2021 I submitted the GTV application (exceptional promise endorsed by the Royal Academy of Engineering) and the visa has been issued on 01 July 2021. I found that under the GTV to ILR routine with the qualifying period of three years, Tier 2 visa stay can be countable. But there is nearly a 3-month time without Tier2 or GTV visa. Is it valid for me to apply ILR now or I have to wait another 3 years? Thank you very much!

[CR001]

Hi Mate,

I have quite similar situation to you and I don't know whether I am eligible to apply for ILR or not?
I would really appreciate if any one can provide me with an answer about whether the time spent on exceptional assurance is counted towards continuous residence or not?

please have a look on my history of visa as below:

I have once held a 2-years and 3-months Tier2 visa to entry UK on 01 December, 2018 and the visa expired on 23 March, 2021. Then I was issued the "exceptional assurance" to avoid me becoming an overstayer. On 23 June 2021 I submitted the GTV application (exceptional promise endorsed by the Royal Academy of Engineering) and the visa has been issued on 01 July 2021. I found that under the GTV to ILR routine with the qualifying period of three years, Tier 2 visa stay can be countable. But there is nearly a 3-month time without Tier2 or GTV visa. Is it valid for me to apply ILR now or I have to wait another 3 years? Thank you very much!

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[Kian2537]

Dear all

I would really appreciate if anyone can update me with a definite answer about whether the time spent on exceptional assurance is counted towards continuous residence or not?
I also want to know if my ILR application is rejected, then my current GTV visa which is valid until June 2024 will be no longer valid and then I will have to leave the UK?

Please have a look on my visa history as below:

I have once held a 2-years and 3-months Tier2 visa from 01 December 2018 and the visa expired on 23 March, 2021. Then I was issued the "exceptional assurance" to avoid me becoming an overstayer. On 23 June 2021, I submitted the GTV application (exceptional promise endorsed by the Royal Academy of Engineering) and the visa has been issued on 01 July 2021. I found that under the GTV to ILR routine with the qualifying period of three years, Tier 2 visa stay can be countable. But there is nearly a 3-month time without Tier2 or GTV visa. Is it valid for me to apply ILR now or I have to wait another 3 years? Thank you very much

[zimba]

Dear all

I would really appreciate if anyone can update me with a definite answer about whether the time spent on exceptional assurance is counted towards continuous residence or not?
I also want to know if my ILR application is rejected, then my current GTV visa which is valid until June 2024 will be no longer valid and then I will have to leave the UK?

Please have a look on my visa history as below:

I have once held a 2-years and 3-months Tier2 visa from 01 December 2018 and the visa expired on 23 March, 2021. Then I was issued the "exceptional assurance" to avoid me becoming an overstayer. On 23 June 2021, I submitted the GTV application (exceptional promise endorsed by the Royal Academy of Engineering) and the visa has been issued on 01 July 2021. I found that under the GTV to ILR routine with the qualifying period of three years, Tier 2 visa stay can be countable. But there is nearly a 3-month time without Tier2 or GTV visa. Is it valid for me to apply ILR now or I have to wait another 3 years? Thank you very much

You have already been advised on this in January: indefinite-leave-to-remain/ilr-applicat ... l#p2053209
You did not respond on why you created a second username and keep posting your query again and again. Choose one username as as we need to deactivate one of them

[Kian2537]

My previous username does not work at all, I have tried several times, that's why I have created a new one. please keep this one and remove the previous one

[Kian2537]

By the way, the reason that I posted my question again is that I have found different replies for my original question and I thought that there might be an update regarding whether the exceptional assurance can be counted toward continuous residence or not?

I have also another question about if my ILR application is rejected, then my current GTV visa which is valid until June 2024 will no longer be valid?

[zimba]

By the way, the reason that I posted my question again is that I have found different replies for my original question and I thought that there might be an update regarding whether the exceptional assurance can be counted toward continuous residence or not?

I have also another question about if my ILR application is rejected, then my current GTV visa which is valid until June 2024 will no longer be valid?

The advice remains the same. There is no definite answer but it is unlikley the 'exceptional assurance' period can be counted as continuous residence as discussed before. If your ILR is refused your current visa remains unaffected

[Kian2537]

Thanks Zimba for clarification.
Regarding unaffected my current visa if ILR is rejected, is there any documents/link from Home Office guidance?

[zimba]

Thanks Zimba for clarification.
Regarding unaffected my current visa if ILR is rejected, is there any documents/link from Home Office guidance?

No, but it makes no sense for a valid visa to be rendered invalid. The immigration rules are written to avoid unfair retrospective side effects. A leave remains valid until expiry unless curtailed. A new application is a separate process and will not affect the validity of the current leave unless you are granted a new leave which then replaces the current one and changes your circumstances

[Kian2537]

Thanks Zimba.
Do you think there will an immigration advisor who can give me a definite answer on these matters?

I was trying to contact with some of the legal advisers but I need to pay their fees, I am happy to pay them, but i need to make sure that are highly qualified. So I would appreciate if you know someone who can help me.

Thanks

[zimba]

The fact that your future application has no effect on your current visa validity is trivial common knowledge. Here we do not offer or recommend any legal advisors