ILR eligibility due to gap in stay

Hello All,
I would be grateful for some advice.
I have been living in the UK since May 2019 ontier2/ skilled worker visa. There has been a peculiar gap during COVID when I was out of UK . Which I have carefully tried to maintain under 180 days in a 12 month rolling period . The time line is as below.

1st entry in UK tier2 19/05 2019 -
Visa valid till 06/06/2021
But resigned from job effective 30/01/2021
left UK -28 /01/2023 ( 28-30 /01/2021 approved annual leave)


Applied for skilled worker visa for next job - 06/07/2021
Was back in the UK 19/06/2021.
I have been residing in the UK since then

The actual out of country time counts to 172 days . couldn't get back earlier due to delays in visa processing because of CoVid.


Would I be eligible to apply in May 2024 or I will have to wait for 5 years from my second entry in July 2021?

The issue is not the absence but the fact that you applied a month after your visa expiry. Your visa expired on 06/06/2021 but you did not apply for a new visa within 14 days. That breaks your continuous residence and so you need to start the 5 years again from the second visa issue date

zimba wrote: ↑

Sun Oct 22, 2023 1:43 am

Your visa expired on 06/06/2021 but you did not apply for a new visa within 14 days.

True, but does that apply if the OP was abroad? If the OP is abroad, isn't continuity of residence retained if they return within 180 days on the same or different visa?

plumnpeach wrote: ↑

Sun Oct 22, 2023 12:12 am

Applied for skilled worker visa for next job - 06/07/2021
Was back in the UK 19/06/2021.

Just to clarify the dates. Did you return to the UK on 19th July 2021? Or did you enter the UK on 19th June 2021, and if so, on what visa were you allowed into the UK?

Thanks for the quick responses.
There was s a typo.. I returned on 19th July 2021 on skilled worker Visa.

secret.simon wrote: ↑

Sun Oct 22, 2023 10:53 am

zimba wrote: ↑

Sun Oct 22, 2023 1:43 am

Your visa expired on 06/06/2021 but you did not apply for a new visa within 14 days.

True, but does that apply if the OP was abroad? If the OP is abroad, isn't continuity of residence retained if they return within 180 days on the same or different visa?

No, that is only true if the OP intends to apply under the long residence. Under Appendix Continuous Residence which applies to the skilled worker route, the residence is broken as he failed to apply within 14 days which means he will not benefit from concessions under paragraph 39E of the rules:

Applications from outside the UK

In limited circumstances where a person had permission before leaving the UK and made a successful application from outside of the UK, it will not break the period of continuous residence.

Applications for permission that were made outside the UK on or after 26 November 2016 will not break the period continuous residence if either:
• the applicant had permission when they left the UK and made a successful application for entry clearance before that permission expired
• the applicant had permission when they left the UK and made a successful application for entry clearance within 14 days of that permission expiring

https://assets.publishing.service.gov.u ... t_2022.pdf

CR 4.1. An applicant’s continuous residence period will be broken if any of the following apply:

(d) the applicant does not, or did not have permission, unless:

• (i) the applicant made a successful application for permission to stay where paragraph 39E of Part 1 of these rules applied; or
• (ii) the applicant had permission when they left the UK, applied for entry clearance before that permission expired, or within 14 days of that permission expiring, and that application for entry clearance was successful; or
• (iii) CR 4.2. applies; or