10-Year Long Residence ILR: 2017 Absence During Overseas Visa Application

Hi everyone,

I am preparing for a 10-year Long Residence ILR application and would really appreciate views from members who have experience with continuous residence and overseas visa transitions.

The point I am trying to clarify is whether my 2017 visa transition affects my Long Residence qualifying period.

Timeline -
04 Aug 2016 – 04 Aug 2017 - Held Tier 2 ICT Short-Term visa
08 Aug 2016 - First entered the UK on this visa
22 Jul 2017 - Left the UK before my visa expired
22 Sep 2017 - Submitted/paid for next visa application from overseas
29 Sep 2017 - Biometrics completed overseas
10 Oct 2017 - Granted Tier 2 ICT Long-Term visa
28 Oct 2017 - Returned to the UK with valid entry clearance
28 Oct 2017 onwards - Continuous UK residence with valid leave throughout

The absence from 22 July 2017 to 28 October 2017 was around 97 days, so it was well below 184 days. My total absences across the 10-year period are also within the Long Residence limits.

My questions

1. Can my 10-year Long Residence period still be counted from my first UK entry on 08 August 2016?

2. Should the 2017 period be treated as an absence from the UK, rather than a break in continuous residence, because I left before my visa expired and returned with valid entry clearance?

3. Does the period when I was outside the UK without valid UK permission, between the first visa expiry and the next visa grant, cause any issue for Long Residence ILR?

I have remained continuously in the UK with valid leave since returning on 28 October 2017, so this 2017 transition is the only point I want to be absolutely clear on.

Any guidance from experienced members would be much appreciated.

Many thanks.

1. Yes

2. It is just an absence from the UK

3. No. The logic is that staying without valid leave in the UK is an unlawful act but having no visa while outside the UK is not an issue, so as long it was within the absence limits.


READ --> Long Residence settlement route (effective 11 April 2024)