27+ day gap between Tier 2 Visa and BN(O) Visa - 5 year route towards ILR

[hkstudent]

According to the proposed change to immigration rule published on 22 OCT 2020, BN(O) visa holders would be able to do combined route (p.496, HK 62.1) for a 5-year settlement.
Yet, the visa application date was pushed from early Jan to 31st Jan.

https://www.gov.uk/government/publicati ... tober-2020

However, my Tier 2 visa is running out on 3rd Jan, with my current sponsor is unlikely to extend my visa. Would taking a LOTR at UK border (for BNO holders)/application in the UK on 3rd Jan, break my 5-year continuous residence till I get BNO visa?

[zimba]

I do not see how that says you can combine the time spent under Tier 2 with the BN(O) visa towards ILR. You should probably aim to apply for a Tier 2 extension or even FLR before visa expiry so that you do not become an overstayer. Then vary to BN(O) visa when it opens on 31 Jan 20201

[hkstudent]

Thank you. That's helpful.

In the BN(O) visa policy, it allows combining residence time from other settlement visas.
The issue is, the employer is very likely not willing to continue my employment, which leaves just less than a month of the gap between the new visa and the existing visa.

Maybe I change the question a bit. What if:

1. I leave the country on the last day of visa validity (given that employer won't dismiss me more than 60 days before the expiry date of T2 visa), and apply for the BN(O) visa. Will the out of country time considered as absence from the country, or break of continuous residence.

2. Apply LOTR (specifically tailored for BN(O) holder) in early Jan, before the expiry of T2 visa, stay in the UK, wait for the new BN(O) visa. Will it consider that as a break of continuous residence, as I am still legally stayed in the UK.

[hkstudent]

Some additional info to option 2,
The application to LOTR in the UK will be through FLR (HRO)

[zimba]

Thank you. That's helpful.

In the BN(O) visa policy, it allows combining residence time from other settlement visas.
The issue is, the employer is very likely not willing to continue my employment, which leaves just less than a month of the gap between the new visa and the existing visa.

Maybe I change the question a bit. What if:

1. I leave the country on the last day of visa validity (given that employer won't dismiss me more than 60 days before the expiry date of T2 visa), and apply for the BN(O) visa. Will the out of country time considered as absence from the country, or break of continuous residence.

2. Apply LOTR (specifically tailored for BN(O) holder) in early Jan, before the expiry of T2 visa, stay in the UK, wait for the new BN(O) visa. Will it consider that as a break of continuous residence, as I am still legally stayed in the UK.

Can you show me where ??

[CR001]

Thank you. That's helpful.

In the BN(O) visa policy, it allows combining residence time from other settlement visas.
The issue is, the employer is very likely not willing to continue my employment, which leaves just less than a month of the gap between the new visa and the existing visa.

Maybe I change the question a bit. What if:

1. I leave the country on the last day of visa validity (given that employer won't dismiss me more than 60 days before the expiry date of T2 visa), and apply for the BN(O) visa. Will the out of country time considered as absence from the country, or break of continuous residence.

2. Apply LOTR (specifically tailored for BN(O) holder) in early Jan, before the expiry of T2 visa, stay in the UK, wait for the new BN(O) visa. Will it consider that as a break of continuous residence, as I am still legally stayed in the UK.

Can you show me where ??

On ukvi website.

https://www.gov.uk/guidance/hong-kong-b ... itizenship

Settlement and citizenship
You’ll be able to apply to settle in the UK (also called ‘indefinite leave to remain’) once you’ve lived here for 5 years. If you’ve already spent time in the UK on a route to settlement (for example, a general work (Tier 2) visa), this time will count towards the 5 years.

[zimba]

My enquire is the document published recently (see above) that covers the upcoming rules changes does not support this statement which appears on the website. So I am looking to see how the new rules will allow this

[hkstudent]

Thank you. That's helpful.

In the BN(O) visa policy, it allows combining residence time from other settlement visas.
The issue is, the employer is very likely not willing to continue my employment, which leaves just less than a month of the gap between the new visa and the existing visa.

Maybe I change the question a bit. What if:

1. I leave the country on the last day of visa validity (given that employer won't dismiss me more than 60 days before the expiry date of T2 visa), and apply for the BN(O) visa. Will the out of country time considered as absence from the country, or break of continuous residence.

2. Apply LOTR (specifically tailored for BN(O) holder) in early Jan, before the expiry of T2 visa, stay in the UK, wait for the new BN(O) visa. Will it consider that as a break of continuous residence, as I am still legally stayed in the UK.

Can you show me where ??

p.495 HK 62.1

[CR001]

p.495 HK 62.1

Usually useful to post the official link when claiming something in an official guidance document

[zimba]

Ok I see how the wording can be interpreted. My advice still will be the same. Apply for an FLR before visa expiry until the route opens then vary to ILR

[hkstudent]

p.495 HK 62.1

Usually useful to post the official link when claiming something in an official guidance document

https://www.gov.uk/government/publicati ... tober-2020
p.495 HK 62.1

I posted that in the top post. Cheers.