Set(LR) Eligibility – Entered UK Before Visa Start Date, Am I Still Eligible?

Hi everyone,

I’m seeking advice on my eligibility to apply for Indefinite Leave to Remain (ILR) under the 10-year long residence route (Set(LR)) in the coming months. I’m a bit unsure due to one visitor entry during this 10-year period.

Here’s a summary of my timeline:
- September 2015 – October 2018: Held a Student visa. Before the visa expired, I returned to my home country to apply for a new visa.
- December 2018 – April 2021: Held another Student visa. I entered the UK shortly before the visa’s official start date but already had the visa vignette in my passport. Upon entry, the border officer advised me to leave and re-enter for proper visa activation. I’m unsure if this affects the continuity of my residence.
- April 2021 – Present: Currently on a BN(O) dependent visa (valid until April 2026). My partner, the main BN(O) visa holder, was recently granted ILR under the Set(LR) route.

I’d be grateful if anyone with knowledge or similar experience could advise whether I remain eligible for ILR via the Set(LR) route, or if I should continue on the 5-year BN(O) route instead.

I guess you entered the UK as a non-visa national visitor using your Hong Kong passport which and as per the rules, that breaks your continuous residence under the long residence route:

The following periods will break continuous residence:

• immigration bail, temporary admission, and temporary release
• permission under Appendix Ukraine Scheme, as a Visitor, Short-term Student (English language) or Seasonal Worker (or any of their predecessor routes)
• overstaying which is not disregarded – see Applications from overstayers guidance

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

zimba wrote: ↑

Sun May 25, 2025 6:26 pm

I guess you entered the UK as a non-visa national visitor using your Hong Kong passport which and as per the rules, that breaks your continuous residence under the long residence route:

The following periods will break continuous residence:

• immigration bail, temporary admission, and temporary release
• permission under Appendix Ukraine Scheme, as a Visitor, Short-term Student (English language) or Seasonal Worker (or any of their predecessor routes)
• overstaying which is not disregarded – see Applications from overstayers guidance

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

Thanks Zimba,

It’s a bit of an awkward situation, I now clearly understand that entering as a visitor broke my continuous residence. I’m just unsure whether UKVI might consider exercising discretion in my case, given that I had valid entry clearance when I returned to the UK.

Apply for SAR (subject access request) to see how that trip was documented in Home office system

mentaiko wrote: ↑

Tue May 27, 2025 8:42 am

zimba wrote: ↑

Sun May 25, 2025 6:26 pm

I guess you entered the UK as a non-visa national visitor using your Hong Kong passport which and as per the rules, that breaks your continuous residence under the long residence route:

The following periods will break continuous residence:

• immigration bail, temporary admission, and temporary release
• permission under Appendix Ukraine Scheme, as a Visitor, Short-term Student (English language) or Seasonal Worker (or any of their predecessor routes)
• overstaying which is not disregarded – see Applications from overstayers guidance

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

Thanks Zimba,

It’s a bit of an awkward situation, I now clearly understand that entering as a visitor broke my continuous residence. I’m just unsure whether UKVI might consider exercising discretion in my case, given that I had valid entry clearance when I returned to the UK.

You claimed above you did not have a valid student visa and entered as a visitor. So which one is it ??

Sorry for the confusion

I had a valid visa vignette in my passport, with a start date in early December 2018. However, I entered the UK in mid-November, about two weeks early, even though the visa vignette was already in my passport at the time I entered. As a result, the officer advised me to leave and re-enter the country to activate the visa.

mentaiko wrote: ↑

Tue May 27, 2025 5:43 pm

Sorry for the confusion

I had a valid visa vignette in my passport, with a start date in early December 2018. However, I entered the UK in mid-November, about two weeks early, even though the visa vignette was already in my passport at the time I entered. As a result, the officer advised me to leave and re-enter the country to activate the visa.

1. Your residence count starts from the vignette in your passport, as that is a qualifying visa. The fact you entered before it was valid as a visitor is irrelevant. You cannot use your time in the UK as a visitor towards the qualifying period for long residence. The fact you had a qualifying visa with a future date from when you entered as a visitor the UK is irrelevant.

2. The question is, did you do as you were advised, leave and re-enter the UK on or after the vignette visa validity to activate the visa?

CR001 wrote: ↑

Tue May 27, 2025 6:15 pm

mentaiko wrote: ↑

Tue May 27, 2025 5:43 pm

Sorry for the confusion

I had a valid visa vignette in my passport, with a start date in early December 2018. However, I entered the UK in mid-November, about two weeks early, even though the visa vignette was already in my passport at the time I entered. As a result, the officer advised me to leave and re-enter the country to activate the visa.

1. Your residence count starts from the vignette in your passport, as that is a qualifying visa. The fact you entered before it was valid as a visitor is irrelevant. You cannot use your time in the UK as a visitor towards the qualifying period for long residence. The fact you had a qualifying visa with a future date from when you entered as a visitor the UK is irrelevant.

2. The question is, did you do as you were advised, leave and re-enter the UK on or after the vignette visa validity to activate the visa?

Hi CR001,

Yes, I did leave and re-enter the UK to activate the visa.

When I initially entered the UK (two weeks before the visa start date), I was granted a Leave to Enter for 6 months stamp. I’m unsure whether this entry as a visitor would be considered a break in my continuous residence, as I had already been living in the UK for three years prior to this.

Yes, it is a break in your continuous resodence, as time on a visitor visa doesn't count for 10 years long residence ILR.