ILR 10 years lawful residence with 183 days absence

Hi,

Just wanted to post this query considering the change of rules. I had entered UK on Tier 2 ICT VISA on 10th November 2010 and have been continuing with the same VISA till date(multiple extensions). Have been living in the UK since then. However I have a gap of more that 180 days (from 6th September 2013 till 9th March 2014, total 183 days) living outside the UK. But during this leave I was on the same Tier 2 ICT VISA . Apart from this leave I dont have any long term leave. Am I eligible to apply for ILR on 10th November 2020 , considering that I have completed 10 years in UK or can apply a 6 months down the line , say 10th May 2021.

Or am I breaking the 10 years continuous residence clause here.

Or am I breaking the 10 years continuous residence clause here.

Your long residence for 10 years ilr is broken. It is not about holding a visa for 10 years, but physical residence and meeting the absence limits.

Many Thanks for the update.

So the calculation for 12 months blocks option is not available in this case. E.g if I apply for ILR on 10th May 2021 and start calculating backwards my 10 years from then on , will that help. Or the rule is strictly not more than 180 days at any point in time.

No, that calculation only applies to PBS route 5 ilr.

For long residence, ANY single absence of 180 days or more breaks your continuity.

You could try applying, as the definition of continuous residence states that it is not broken by an absence of "6 months or less". You are dead on the six months mark and so your application can go either way and you could lose your fee.

Immigration Rules on Long Residence wrote:(a) “continuous residence” means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time...

If the applicant has been absent from the UK for more than 6 months in one period or more than 18 months in total, the application should normally be refused. However, it may be appropriate to exercise discretion over excess absences in compelling or compassionate circumstances, for example where the applicant was prevented from returning to the UK through unavoidable circumstances.

See: https://assets.publishing.service.gov.u ... 6.0ext.pdf