ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

The question about the continuity of ILR

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

Locked
Emma87
Newly Registered
Posts: 4
Joined: Sat Dec 09, 2023 11:19 am
United Kingdom

The question about the continuity of ILR

Post by Emma87 » Sat Dec 09, 2023 11:38 am

Dear all,
Regarding the indefinite leave to remain (ILR) after ten years, does a year spent on a tourist visa interrupt the continuity? (The individual stayed in the UK, meeting the requirement of not being absent for more than 186 days). Is the time covered by the visa before the interruption still counted? Or is only the time after the interruption counted? Or does it not count as an interruption, merely requiring an additional year postponed? :?:

User avatar
CR001
Moderator
Posts: 88742
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: The question about the continuity of ILR

Post by CR001 » Sat Dec 09, 2023 12:19 pm

Visitor visas do not count towards the 10 years legal stay residence. The clock would have reset AFTER the visitor visa when the person returned on a qualifying visa.

https://www.gov.uk/long-residence/eligibility
You cannot count time spent in the UK:

on a Standard Visitor visa or as a visitor without a visa
on a Short-term study visa
on a Seasonal Worker visa
on immigration bail, temporary admission or temporary release
in a prison, young offender institution or secure hospital
You also cannot count time spent in Ireland, the Isle of Man or Channel Islands.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Emma87
Newly Registered
Posts: 4
Joined: Sat Dec 09, 2023 11:19 am
United Kingdom

Re: The question about the continuity of ILR

Post by Emma87 » Sat Dec 09, 2023 4:24 pm

Thank you for your response. For instance, from January 2014 to January 2024, with a period from August 2017 to August 2018 spent on a tourist visa in the UK, which doesn't count towards the ten-year residency. In this case, does one need to accumulate more time, specifically from August 2018 to August 2028, correct?
CR001 wrote:
Sat Dec 09, 2023 12:19 pm
Visitor visas do not count towards the 10 years legal stay residence. The clock would have reset AFTER the visitor visa when the person returned on a qualifying visa.

https://www.gov.uk/long-residence/eligibility
You cannot count time spent in the UK:

on a Standard Visitor visa or as a visitor without a visa
on a Short-term study visa
on a Seasonal Worker visa
on immigration bail, temporary admission or temporary release
in a prison, young offender institution or secure hospital
You also cannot count time spent in Ireland, the Isle of Man or Channel Islands.

User avatar
CR001
Moderator
Posts: 88742
Joined: Thu Mar 08, 2012 10:55 pm
Location: London
Mood:
South Africa

Re: The question about the continuity of ILR

Post by CR001 » Sat Dec 09, 2023 4:48 pm

In this case, does one need to accumulate more time, specifically from August 2018 to August 2028, correct?
Yes, as the visitor visa period broke your continuous residence.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

Emma87
Newly Registered
Posts: 4
Joined: Sat Dec 09, 2023 11:19 am
United Kingdom

Re: The question about the continuity of ILR

Post by Emma87 » Sun Dec 10, 2023 4:21 pm

Thanks for your explanation! All the best!
CR001 wrote:
Sat Dec 09, 2023 4:48 pm
In this case, does one need to accumulate more time, specifically from August 2018 to August 2028, correct?
Yes, as the visitor visa period broke your continuous residence.

Locked