ILR New route Eligibility HELP!!!

[yukicheng]

Dear All,

I have a question regarding my eligibility for the ILR 10 years route.
Here is my timeline:

-Arrived in the UK in September 2013 on a Tier 4 student visa and finished studies in August 2014.
- Applied second Tier 4 student visa on time and got the leave to remain from October 2014 to October 2017.
-Applied third Tier 4 student visa on time and got leave to remain from August 2017 to January 2019.
-On March 2019 I got a Tier 1 Graduate Entrepreneur visa from March 2019 to March 2020. Send the application before the old visa expired.

From 6th March 2020 to 3rd October 2020 I applied for the Exceptional Assurance because of Covid-19 and I come back to my home county on 30th September 2020. On 31st December 2020, I applied for a new visa and the visa was valid from January 2021 to January 2022. I come back to the UK on the 23rd of January 2021.

From January 2022 to May 2022 I was granted the Exceptional Assurance again and the next visa I applied for was on 6th April 2022 and was valid from May 2022 to May 2024.

Based on the information above, I want to know if I can still apply for 10 years settlement? and Is there any break in my timeline?

As the Exceptional Assurance was counted in the lawful residence before the HC1160 renewal.

[Ticktack]

Dear All,

I have a question regarding my eligibility for the ILR 10 years route.
Here is my timeline:

-Arrived in the UK in September 2013 on a Tier 4 student visa and finished studies in August 2014.
- Applied second Tier 4 student visa on time and got the leave to remain from October 2014 to October 2017.
-Applied third Tier 4 student visa on time and got leave to remain from August 2017 to January 2019.
-On March 2019 I got a Tier 1 Graduate Entrepreneur visa from March 2019 to March 2020. Send the application before the old visa expired.

From 6th March 2020 to 3rd October 2020 I applied for the Exceptional Assurance because of Covid-19 and I come back to my home county on 30th September 2020. On 31st December 2020, I applied for a new visa and the visa was valid from January 2021 to January 2022. I come back to the UK on the 23rd of January 2021.

From January 2022 to May 2022 I was granted the Exceptional Assurance again and the next visa I applied for was on 6th April 2022 and was valid from May 2022 to May 2024.

Based on the information above, I want to know if I can still apply for 10 years settlement? and Is there any break in my timeline?

As the Exceptional Assurance was counted in the lawful residence before the HC1160 renewal.

All visas count towards Long Residence.

Your continuous residence isn't broken. You left whilst you had a valid visa and returned with another valid visa.

Continuous residence is time you’ve spent in the UK without gaps.

You can leave the UK during the continuous residence for up to:

180 days at a time
540 days in total

[yukicheng]

Dear All,

I have a question regarding my eligibility for the ILR 10 years route.
Here is my timeline:

-Arrived in the UK in September 2013 on a Tier 4 student visa and finished studies in August 2014.
- Applied second Tier 4 student visa on time and got the leave to remain from October 2014 to October 2017.
-Applied third Tier 4 student visa on time and got leave to remain from August 2017 to January 2019.
-On March 2019 I got a Tier 1 Graduate Entrepreneur visa from March 2019 to March 2020. Send the application before the old visa expired.

From 6th March 2020 to 3rd October 2020 I applied for the Exceptional Assurance because of Covid-19 and I come back to my home county on 30th September 2020. On 31st December 2020, I applied for a new visa and the visa was valid from January 2021 to January 2022. I come back to the UK on the 23rd of January 2021.

From January 2022 to May 2022 I was granted the Exceptional Assurance again and the next visa I applied for was on 6th April 2022 and was valid from May 2022 to May 2024.

Based on the information above, I want to know if I can still apply for 10 years settlement? and Is there any break in my timeline?

As the Exceptional Assurance was counted in the lawful residence before the HC1160 renewal.

All visas count towards Long Residence.

Your continuous residence isn't broken. You left whilst you had a valid visa and returned with another valid visa.

Continuous residence is time you’ve spent in the UK without gaps.

You can leave the UK during the continuous residence for up to:

180 days at a time
540 days in total

Hi Ticktack, thank you for your reply and it is really helpful.

But I do have some questions regarding the renewal as it seems like the renewal is going to exclude "Exceptional Assurance" according to the highlighted part below.

Lawful and continuous residence
The current definition of what constitutes lawful residence in the UK under the long residency rules is unclear and this has lead, apparently, to “confusion for customers and a broader interpretation than intended”.

Any permission to be in the UK that would usually be granted for 12 months or less, and where switching onto another route is generally not allowed from within the UK, do not count towards time lawfully and continuously resident in the UK:

“(b) “lawful residence” means residence which is continuous residence pursuant to:
(i) existing leave to enter or remain, except this cannot include time with entry clearance or permission under Appendix V: Visitor, Appendix Short-term Student (English language), or Appendix Temporary work – Seasonal Worker; or
(ii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
(c) “lawful residence” does not include time spent on immigration bail.”


Will this affect me by any means? Thank you!

[Ticktack]

Hi Ticktack, thank you for your reply and it is really helpful.

But I do have some questions regarding the renewal as it seems like the renewal is going to exclude "Exceptional Assurance" according to the highlighted part below.

Lawful and continuous residence
The current definition of what constitutes lawful residence in the UK under the long residency rules is unclear and this has lead, apparently, to “confusion for customers and a broader interpretation than intended”.

Any permission to be in the UK that would usually be granted for 12 months or less, and where switching onto another route is generally not allowed from within the UK, do not count towards time lawfully and continuously resident in the UK:

“(b) “lawful residence” means residence which is continuous residence pursuant to:
(i) existing leave to enter or remain, except this cannot include time with entry clearance or permission under Appendix V: Visitor, Appendix Short-term Student (English language), or Appendix Temporary work – Seasonal Worker; or
(ii) an exemption from immigration control, including where an exemption ceases to apply if it is immediately followed by a grant of leave to enter or remain.
(c) “lawful residence” does not include time spent on immigration bail.”


Will this affect me by any means? Thank you!

Not sure if you're asking if this is a bad thing or a good thing. What you've quoted above is a definition of lawful residence. Except for "C" of course which is jail time!

So it defines that if you fall into these categories, you've been here lawfully.

[zimba]

The temporary visa period will not count anymore under the long residence route from 12 April 2023:

See: indefinite-leave-to-remain/immigration- ... 36067.html

[yukicheng]

The temporary visa period will not count anymore under the long residence route from 12 April 2023:

See: indefinite-leave-to-remain/immigration- ... 36067.html

Thank you, Zimba. I still want to know If Exceptional Assurance (EA) is not counted towards the 10-year routes, it means I would need to stay for an additional period of time. For example, if I were granted EA for 9 months, I would need to stay for an extra 9 months before being eligible to apply for indefinite leave to remain, Is that right?

[zimba]

Correct.

[yukicheng]

Correct.

Thank you for your help! Appreciate!

[yukicheng]

The temporary visa period will not count anymore under the long residence route from 12 April 2023:

See: indefinite-leave-to-remain/immigration- ... 36067.html

Hi Zimba,

Based on the information you provide, can I submit the application now and book the biometric for August? Thank you.indefinite-leave-to-remain/date-of-appi ... 93665.html

[CR001]

The temporary visa period will not count anymore under the long residence route from 12 April 2023:

See: indefinite-leave-to-remain/immigration- ... 36067.html

Hi Zimba,

Based on the information you provide, can I submit the application now and book the biometric for August? Thank you.indefinite-leave-to-remain/date-of-appi ... 93665.html

No you cannot. Once you submit and pay, you have 45 days to enroll your biometrics. August is too far away.

[yukicheng]

The temporary visa period will not count anymore under the long residence route from 12 April 2023:

See: indefinite-leave-to-remain/immigration- ... 36067.html

Hi Zimba,

Based on the information you provide, can I submit the application now and book the biometric for August? Thank you.indefinite-leave-to-remain/date-of-appi ... 93665.html

No you cannot. Once you submit and pay, you have 45 days to enroll your biometrics. August is too far away.

Thank you for helping out! Have a good night.

[yukicheng]

The temporary visa period will not count anymore under the long residence route from 12 April 2023:

See: indefinite-leave-to-remain/immigration- ... 36067.html

Hi Zimba,

Based on the information you provide, can I submit the application now and book the biometric for August? Thank you.indefinite-leave-to-remain/date-of-appi ... 93665.html

No you cannot. Once you submit and pay, you have 45 days to enroll your biometrics. August is too far away.

Hello there, the new policy just come out. Is Exceptional Assurance I applied during COVID count as temporary admission? If yes, under the policy

Any periods of time with temporary admission, temporary release or immigration bail are not ‘lawful residence’ for the purposes of long residence and will break continuous residence.

Can we still apply 10 year IRL in August? Or the 10 years will be reset and I need to start accumulating it again?

Thank you
https://assets.publishing.service.gov.u ... pdf#page22

[zimba]

No, it will not count but there is no reset. You have to simply wait longer to accumulate the 10 years, excluding any temporary visa period