Counting of 10 year continuous stay for ILR

Hi My situation is as below
I got my Tier-2 ICT COS in Nov 2010. Subsequently I got UK entry clearance stamped on my passport on 17th Feb 2011. However during the same time I also had valid UK Business visa. Since my long deputation process (internal company process) was delayed and I had to come for customer meeting I used the short business visit process (since I had business visa) and visited UK in March 2011 for about 8 days and left UK after that. Subsequently I came to UK on 31st May 2011 and since then been here on same Tier-2 ICT visa through multiple extensions. I am eligible for ILR through a long residence route. I understand through home office documents that to count 10 year period we can consider date of obtaining entry clearance provided there is no more than 90 days gap between grant of entry clearance and date of arrival in UK.
Since my entry clearance was granted on 17th Feb 2011 and I came to UK on 31st May 2011 (on long deputation) the gap is more than 90 days. However I did come in March 2011 for about 8 days and if this counted towards entry in UK (since I had both Tier2 ICT and business visa that point in time) I might be eligible to count 10 year period from the date of granting of entry clearance and hence can apply 28 days before from the corresponding date when the 10 year period completes. Could you please confirm if my short stay in UK in March 2011 will be considered as my arrival in UK from long residence perspective?

Ilr based on long residence starts counting from date you entered the UK.

What ho document are you reading?

https://assets.publishing.service.gov.u ... -v18.0.pdf

Following is the extract :

Period between the issue of entry clearance and entering the UK
The period between entry clearance being issued and the applicant entering the UK
may be counted toward the qualifying period. Any absences between the date of
issue and entry to the UK are considered an allowable absence. This period will
count towards the 180 days allowable absence in the continuous 12-month period.
The applicant does not need to provide evidence to demonstrate the reason for
delayed entry. If the delay is more than 180 days, you can only include time after the applicant
entered the UK in the continuous period calculation.

(But in one of the UK BA official forums - under right to know- i read the answer to a questions that this period should not be more than 90 days however above extract says 180 days).

There is another useful extract from the same document as below:

Calculating the specified continuous period
Applicants can submit a settlement application up to 28 days before they would
reach the end of the specified period.
You must calculate the relevant qualifying period by counting backward from
whichever of the following is most beneficial to the applicant:
• the date of application
• the date of decision
• any date up to 28 days after the date of application

Another extract from one of the immigration lawyers website
third party weblink removed by moderator

The time between which your entry clearance was issued and you entered the UK can be included in the qualifying period as long as it does not exceed 90 days. If exceeded, none of the days after the 90 day limit will be counted towards the qualifying period.

1. The link you provided is NOT relevant to ILR based on 10 years long residence. Page 4 clearly states which visas it covers for ILR based on 5 year residence.

2. Please do not post third party weblinks.

3. The 90 days between visa and entry changed a couple of years ago so the third party link you provided is also outdated. It is now up to 180 days.

Long residence has its own guide: https://www.gov.uk/government/publicati ... -residence

Many Thanks. Based on my circumstances and 180 days allowed between grant of visa and UK arrival could you please advise what would be the earliest date I will be able to apply through long residence route.

As ALL visas count towards long residence, you first entry to the UK will be your visit in March 2011. Based on your first entry, your 10 years lawful residence will complete in March 2021 and you will be eligible to apply for ILR within 28 days of completing your 10 lawful years.

Zimba wrote: ↑

Fri Jun 21, 2019 2:31 am

As ALL visas count towards long residence, you first entry to the UK will be your visit in March 2011. Based on your first entry, your 10 years lawful residence will complete in March 2021 and you will be eligible to apply for ILR within 28 days of completing your 10 lawful years.

Dear ZImba
Thank you for providing your valuable time on this matter re early application date.

Even though I have read the guide I could only find the details and examples on continuous residency. I cannot anywhere in the guidance find saying ''28 days before the entry date''. If it is anywhere in the guide or explained in any other form please let me know.

Many Thanks

Who said 28 days before the entry date ?????!!!! Why don't you pay attention and read what I said properly ?!
I said within 28 days of completing your 10 lawful years. That is 28 days BEFORE completing the 10 year anniversary

Applications being considered 28 days or less before the required qualifying period is completed
You can grant an application if it is considered 28 days or less before the applicant completes the required qualifying period, provided they meet all the other rules for long residence.

Many thanks Zimba. This is really very helpful. I will just summarise my understanding of what you stated. Please do confirm if this is correct.

1. I was granted Tier-2 ICT Established staff entry clearance on 12th Feb 2011
2. I enter UK for a short visit on 22nd March 2011. Since I also had UK business visa at this time and entry stamp was stamped on BV page of passport I am assuming its considered entry on business visa than Tier-2 ICT.
3. So now from this point you are saying I will be completing my 10 years residency on 21st March 2021. And from that point I can make an application 28 days before i.e. on 23rd of Feb 2021.

4. My entry on Tier2 ICT was on 31st May 2011 and since that time there is complete track of income tax and NI contributions.

5.But since you are saying all the visa's contribute towards long residence I need to consider the date of my first entry on 22 March 2011 to calculate 10 year period rather than 31st may 2011.

Just little more edit to point-2

I enter UK for a short visit on 22nd March 2011. Since I also had UK business visa at this time and entry stamp was stamped on BV page of passport I am assuming its considered entry on business visa than Tier-2 ICT. After that I left UK around 31st March 2011.

You had visa at the point of entry and your residence continued. That is what matters

Thanks Zimba. One more question. I understand that in a ten year period absence should not be more than 540 days and not more than 6 months in any one year. So assuming that I will have no other absences in 10th year and my absences on previous years spare me 6 months absence window for last year, will it be allowed from continuation of residency perspective if I left the UK temporarily after 21st Aug 2021 and come back (before completing six months) just before 23rd Feb 2021 (28 days before completing my 10 years)?

- Max total absence of 540 in the last ten years AND
- No continuous absence of more than 6 months in the last ten years

So you should be fine if these two conditions apply

Many thanks Zimba.