10 year ILR - Allowed Gap - Peculiar Case - Help please

Hi Admins / Member,

I'm currently getting close to the 10 year ILR and would like to know whether I'll be allowed to apply for ILR with the gaps as below

Was in the UK from December 2010 to December 2012 in Tier 2 ICT Established Staff - Dispensation Model. The visa was valid until 09/12/2012 and I left UK on 06/12/202, before the expiry.

I then applied for another visa in March 2013, came back to UK on 22/04/2013 in Tier 2 ICT Established Staff - Long Term - granted for 5 years (22/April/2013 to 21/03/2018).

Towards the end of 2017, I switched to Tier 4 Student Dependent Visa within UK and have the visa valid until Jan 2023.

My questions are

1. Am I eligible to apply for ILR in Nov 2020 as I lived in the UK from Dec 2010 to Nov 2020?

2. Will my gap from 06/12/2012 to 21/04/2013 will be considered as a break in continuous residency as I didn't had a valid visa between 09/12/2012 to 21/04/2013? Please note I left UK (06/12/2012) before my visa expired and came back to UK in different visa within 6 months (22/04/2013)?

3. Or should I wait til Mar 2023 to apply ILR on 10 year rule - i.e., consider the clock from Mar 2013 instead of Dec 2010 because of the 4 months gap?

I read the below in the rule and it's difficult to understand / interpret to my situation as it does clearly say if the applicant left the UK before their valid leave expires and their visa expired before they applied and obtained a new visa.

Continuous lawful residence is not broken if the applicant has a gap of leave outside the UK of six months or less. For example, applicants who leave the UK before their valid leave expires and obtain fresh entry clearance and re-enter the UK do not break continuous lawful residence, providing the absence from the UK is less than six months.

Please help me get clarity on this.

Thanks,
Sid

You will be eligible for ILR under long residence in 2020. The gap did not break continuity as you left with a valid visa and returned within 6 months

Your 10 year lawfully residency is break in 2013.
Because your visa expires in 09/12/2012.
You apply fresh application on March 2013.

You eligible for 10 year route.
In Feb 2023.

Read this.

In 10 year guidance.
Page 10.
Read this your leave is valid but you apply visa after 28 days.
You broke your long residency.

You apply visa after your leave expire.
And after 28 days.
My friend.
At that point your break your 10 year visa .

Above guidance will accept only after visa expire within 28 days you apply visa in your case is not you apply over 28 days after your visa expire.

spreekhan wrote: ↑

Fri Oct 11, 2019 5:12 pm

Your 10 year lawfully residency is break in 2013.
Because your visa expires in 09/12/2012.
You apply fresh application on March 2013.

You eligible for 10 year route.
In Feb 2023.

Read this.

In 10 year guidance.
Page 10.
Read this your leave is valid but you apply visa after 28 days.
You broke your long residency.

Your advice is incorrect. The user left the UK with valid leave and return within 180 with new leave!!

Please read the posts properly before giving wrong advice.

He come back within 180 days. That is half part.
But he applied visa after 28 days when his last leave expire.

Last leave expire in dec 2012.
He applied in March.

When your leave expire out side uk.
You must apply new fresh application with 28 days and must come back with 180 days.
One of my friend do same mistake now he breaks 10 year

spreekhan wrote: ↑

Fri Oct 11, 2019 7:26 pm

He come back within 180 days. That is half part.
But he applied visa after 28 days when his last leave expire.

Last leave expire in dec 2012.
He applied in March.

When your leave expire out side uk.
You must apply new fresh application with 28 days and must come back with 180 days.
One of my friend do same mistake now he breaks 10 year

Examples of continuous residence
This page gives you examples of when you must grant or refuse a long residence
application when considering the continuous residence requirement.
Example 1
An applicant:
• enters the UK on 1 September 2004 with entry clearance as a student which is
valid until 31 October 2005
• leaves the UK on 5 November 2005, after their previous leave expired
• applies for entry clearance on 22 December 2005
• re-enters the UK with valid entry clearance as a student on 5 January 2006
The applicant did not have valid leave on the date of their departure, and failed to
apply for fresh entry clearance within 28 days of the original leave expiring.
Therefore continuous residence has been broken.
Example 2
An applicant:
• enters the UK on 1 September 2004 with entry clearance as a student which is
valid until 31 October 2005
• leaves the UK on 25 October 2005, before their previous leave expired
• re-enters the UK with valid entry clearance as a student on 5 January 2006
The person had valid leave on the date of their departure and on the date of their
return to the UK, and the time spent outside the UK was less than 6 months.
Continuous residence has been maintained, even though the person entered the UK
with a fresh grant of leave

https://assets.publishing.service.gov.u ... -v15_0.pdf

spreekhan wrote: ↑

Fri Oct 11, 2019 7:26 pm

He come back within 180 days. That is half part.
But he applied visa after 28 days when his last leave expire.

Last leave expire in dec 2012.
He applied in March.

When your leave expire out side uk.
You must apply new fresh application with 28 days and must come back with 180 days.
One of my friend do same mistake now he breaks 10 year

You are confused and not reading correctly or only choosing to focus on one particular aspect which does not apply to the OP in this topic.

spreekhan wrote: ↑

Fri Oct 11, 2019 7:26 pm

He come back within 180 days. That is half part.
But he applied visa after 28 days when his last leave expire.

Last leave expire in dec 2012.
He applied in March.

When your leave expire out side uk.
You must apply new fresh application with 28 days and must come back with 180 days.
One of my friend do same mistake now he breaks 10 year

The paragraph you outlined from the guide literally says 'but after the expiry of their leave to remain, and ...'. As repeated several times you do not know what you are talking about

CR001 wrote: ↑

Fri Oct 11, 2019 8:19 pm

spreekhan wrote: ↑

Fri Oct 11, 2019 7:26 pm

He come back within 180 days. That is half part.
But he applied visa after 28 days when his last leave expire.

Last leave expire in dec 2012.
He applied in March.

When your leave expire out side uk.
You must apply new fresh application with 28 days and must come back with 180 days.
One of my friend do same mistake now he breaks 10 year

You are confused and not reading correctly or only choosing to focus on one particular aspect which does not apply to the OP in this topic.

I think you are the one deficient in understanding of simple English. There are basically 2 aspect to the statement. 2 things that need to be fulfilled.
1. The applicant must make a new application within 28 days of expiry of old one AND
2 Enter the country within 6 months. Assuming the entry clearance is granted.
so both rule needs to be fulfilled.
The applicant as stated above didn't apply within 28 days of expiry of old leave to remain but did return within 6 months of the new entry clearance. So only one aspect of the rule is fulfilled. So basically honest qualify for it.

There are basically 2 aspect to the statement. 2 things that need to be fulfilled.
1. The applicant must make a new application within 28 days of expiry of old one AND
2 Enter the country within 6 months. Assuming the entry clearance is granted.

Complete and utter nonsense which openly contradicts the long residence guide as well as the immigration rules for long residence. We have advised hundreds of people who were granted long residence based on this condition alone over the years.

Time spent outside the UK
Continuous residence is not considered broken if the applicant:
• is absent from the UK for 6 months or less at any one time
• had existing leave to enter or remain when they left and when they returned – this can include leave gained at port when returning to the UK as a non-visa national
• departed the UK before 24 November 2016, but after the expiry of their leave to remain, and applied for fresh entry clearance within 28 days of that previous leave expiring, and returned to the UK within 6 months

The last sentence is very very clear that it only applies to people who left AFTER their visa expired.
Also why did you miss the paragraph above it in the guide that says:

Events that break continuous residence
Continuous residence is considered to be broken if the applicant has:
• been absent from the UK for a period of more than 6 months at any one time
• spent a total of 18 months outside the UK throughout the whole 10 year period
• 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 leave expiring (even if they returned to the UK within 6 months)