10 Years ILR route with 1 month break (without visa)

Hi,

I want to know if I am eligible to apply for ILR - 10 year route.

Short term ICT,
First visa valid from : 16/09/2015
First ICT visa expired on: 15/09/2016
Date First entered UK: 04/10/2015
Date I left UK for renewal 04/09/2016

Long term ICT
Second Visa Biometric submission date: 25/10/2016
Second visa valid from : 05/11/2016
Second ICT visa expired on: 06/11/2019
Date entered UK after visa renewal: 13/11/2016

After this, I am residing in UK with
Another ICT
Then Tier 2 General (skilled worker) dependant
Now in Tier 2 General (skilled worker) visa.

I was in India (without valid visa) when I had a gap of around 2 months from 15/09/2026 (first visa expiry) till 05/11/2016 (second visa start date). I want to know if I am eligible to apply for ILR now because based on this https://assets.publishing.service.gov.u ... idence.pdf under Breaking continuous residence section its mentioned as

is applying under Appendix Long Residence, left the UK before 24 November
2016 with no valid leave to remain on their departure from the UK, and failed to
apply for entry clearance within 28 days of their previous permission expiring
(even if they returned to the UK within 184 days)

Any advise will be very helpful.

You are already eligible for ILR. What you quoted from that guide does NOT apply to you, as you left with a valid leave before visa expiry and returned within 6 months. That is NOT considered a gap and will be treated as a period of absence

Read: Lawful and continuous residence changes to Long Residence route from 11 April 2024

Thank you so much for your valuable advise Zimba. I am glad to hear that I am eligible now.

I have a query on my wife's visa as well. Her journey is bit tricky and I have given type of visa she was holding, entry and exit dates below,

First visa (ICT dependant) valid from : 07/12/2018
First visa (ICT dependant) expired on : 06/11/2019
Date first entered UK : 09/12/2018
Date first left UK : 14/01/2019
Second entry to UK with first visa (198 days gap) :31/07/2019
Second visa (ICT dependant) valid from :05/11/2019
Second visa (ICT dependant) expiry date :20/11/2020(Switched to Tier 2 General before current visa expiry)
Third visa (Tier 2 General skilled worker) valid from :27/10/2020
Third visa (Tier 2 General skilled worker) expired on :03/10/2023(Switched to Tier 2 General (dependant) before expiry)
Fourth visa (Tier 2 General dependant) valid from :07/08/2023
Fourth visa (Tier 2 General dependant) expires on :05/02/2026

I want to know which is the best way for my wife to get ILR, is it good to apply as my ILR dependant and then apply for ILR via 10 year route but there is 198 days gap. So she will be eligible for ILR on

• 14/07/2028 - 28 days before 10 year anniversary based on first entry or

• 03/07/2029 - 28 days before 10 year anniversary based on second entry after 198 days break

That gap breaks her continuous residence for the long residence route. Note that the ILR qualifying period has to be counted BACKWARDS from an assumed date of ILR decision. This means that big chunk of that gap can be included in the beginning of her 10 years period, if you count backwards

Read: All you need to know about applying early, the application date, 28-day concession and more

Thanks for the clear clarification. Much appreciated.