ILR 2023 new rules questions

Cheryl16 · Post by **Cheryl16** » Sun Mar 12, 2023 5:28 pm

Hi all,

My friend is wondering if he is eligible for 10 years ILR application. It would great if anyone has knowledge or similar experience on this.

He had T4 student visa for 5 years and then got Tier 5 Government Authorised Exchange visa for 1 year ( which was expired 1st May 2020) the government released the policy that ‘all the visa expire between 24 Jan and 31 May get extension to 31st July’ due to Covid. His company was planning to get T2 for him but it was suspended due to covid as well. So he decided to do a master degree in a coming academic year. He received an email from Home Office that he must either leave UK or apply for Exceptional Assurance by 31 August 2020. If he decide to switch to long-term visa, he had to submit the new visa application by 31 August 2020 as well. He submitted the new student visa application in mid-August and got it in early September. After he finished his degree, he switched to T2 without any GAP until now.

1. Is the Tier 5 visa part of 10 years ILR consideration
2. Is the period of covid extension considered in 10 years?

Many thanks

Post by **AmazonianX** » Sun Mar 12, 2023 9:07 pm

Cheryl16 wrote: ↑
Sun Mar 12, 2023 5:28 pm
Hi all,

My friend is wondering if he is eligible for 10 years ILR application. It would great if anyone has knowledge or similar experience on this.

He had T4 student visa for 5 years and then got Tier 5 Government Authorised Exchange visa for 1 year ( which was expired 1st May 2020) the government released the policy that ‘all the visa expire between 24 Jan and 31 May get extension to 31st July’ due to Covid. His company was planning to get T2 for him but it was suspended due to covid as well. So he decided to do a master degree in a coming academic year. He received an email from Home Office that he must either leave UK or apply for Exceptional Assurance by 31 August 2020. If he decide to switch to long-term visa, he had to submit the new visa application by 31 August 2020 as well. He submitted the new student visa application in mid-August and got it in early September. After he finished his degree, he switched to T2 without any GAP until now.

1. Is the Tier 5 visa part of 10 years ILR consideration All visas count towards ILR LR
2. Is the period of covid extension considered in 10 years? Yes, as it is an extension giving valid leave

Many thanks

Post by **zimba** » Mon Mar 13, 2023 12:04 pm

Note that time spent under any temporary admission will be excluded from April: indefinite-leave-to-remain/immigration- ... l#p2107841

Cheryl16 · Post by **Cheryl16** » Mon Sep 04, 2023 1:44 pm

Hi there, I’ve got a question regarding the ILR rules:

For the long residence route new rules, the time spent under temporary admission or immigration bail will no longer count. This means the temporary admission should be excluded from the 10-year period required for ILR under the long residence rules. So can I wait longer to complete a 10-year period? For example, I’ve got a 1 year short-term working visa in 5th year but now it doesn’t count to 10 years period, can I stay one more year with valid long-term visa to apply for ILR?

Thanks

Post by **zimba** » Mon Sep 04, 2023 2:29 pm

The rules and the official guide suggest that it will break continuous residence:

Paragraph 276A:

(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

https://www.gov.uk/guidance/immigration ... categories

The guide:

Any periods of time with leave in any of the following, are not ‘lawful residence’ for the purposes of long residence and will break continuous residence:

•any category of visitor granted under ‘Appendix V: Visitor’ of the Immigration Rules
•short-term student granted under ‘Appendix Short-term Student’ of the Immigration Rules
•seasonal worker granted under ‘Appendix Temporary work – Seasonal Worker’ of the Immigration Rules

https://www.gov.uk/government/publicati ... nal-worker

Cheryl16 · Post by **Cheryl16** » Tue Sep 05, 2023 7:52 am

zimba wrote: ↑
Mon Sep 04, 2023 2:29 pm
The rules and the official guide suggest that it will break continuous residence:

Paragraph 276A:

(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
https://www.gov.uk/guidance/immigration ... categories

The guide:

Any periods of time with leave in any of the following, are not ‘lawful residence’ for the purposes of long residence and will break continuous residence:

•any category of visitor granted under ‘Appendix V: Visitor’ of the Immigration Rules
•short-term student granted under ‘Appendix Short-term Student’ of the Immigration Rules
•seasonal worker granted under ‘Appendix Temporary work – Seasonal Worker’ of the Immigration Rules
https://www.gov.uk/government/publicati ... nal-worker

Thanks Zimba, I see that the rules specifically indicate: seasonal worker granted under ‘Appendix Temporary work – Seasonal Worker’ of the Immigration Rules

There are 6-7 types of workers under temporary work visa type, is it only seasonal worker excluded or all of them are excluded( for example creative worker, Government Authorised Exchange visa etc?

Post by **zimba** » Tue Sep 05, 2023 11:26 am

I agree it only excludes the routes mentioned, so if your visa was not a seasonal worker then it should not affect you.

Cheryl16 · Post by **Cheryl16** » Tue Sep 05, 2023 12:23 pm

zimba wrote: ↑
Tue Sep 05, 2023 11:26 am
I agree it only excludes the routes mentioned, so if your visa was not a seasonal worker then it should not affect you.

thanks very much Zimba

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