Outside UK and ILR

sunnymoon · Post by **sunnymoon** » Wed May 10, 2023 8:36 pm

Hello all,

I am currently on Global Talent Visa. My visa expires on Nov 2027, and as I know, I can apply for ILR after my 3 years finishing here in the UK. However, I have a personal problem and might have to go back to my country of origin for a long time. I have some questions regarding this case:
1. If I leave the UK now and be outside the UK from now to Oct 2024, and will come back UK in Oct 2024 and continuously stay in the UK till Nov 2027 to complete 3 years period that is required to apply for ILR. Can I stay out of UK for such this case without affecting my valid visa? Can I apply for ILR in Nov 2027 in this situation?
2. Can my dependents be legal to stay in UK without me (their visa also expire on Nov 2027 too) (from now to Oct 2024)?
3. If my dependents also leave and come back the UK on the same as me (first question), what happens?

I would be very grateful if you please advise.
Many thanks and look forward to hearing from you soon.

sunnymoon · Post by **sunnymoon** » Wed May 17, 2023 8:52 am

Hi guys,
Anybody experiences the similar situation or knows about it? I would appreciate it if you could give me some advice.
Many thanks.

marcnath · Post by **marcnath** » Thu May 18, 2023 9:11 am

sunnymoon wrote: ↑
Wed May 10, 2023 8:36 pm
Hello all,

I am currently on Global Talent Visa. My visa expires on Nov 2027, and as I know, I can apply for ILR after my 3 years finishing here in the UK. However, I have a personal problem and might have to go back to my country of origin for a long time. I have some questions regarding this case:
1. If I leave the UK now and be outside the UK from now to Oct 2024, and will come back UK in Oct 2024 and continuously stay in the UK till Nov 2027 to complete 3 years period that is required to apply for ILR. Can I stay out of UK for such this case without affecting my valid visa? Can I apply for ILR in Nov 2027 in this situation?
2. Can my dependents be legal to stay in UK without me (their visa also expire on Nov 2027 too) (from now to Oct 2024)?
3. If my dependents also leave and come back the UK on the same as me (first question), what happens?

I would be very grateful if you please advise.
Many thanks and look forward to hearing from you soon.

1) Yes, you can stay out of UK as described. If you then stay continuously, you should be eligible somewhere in April/May 2027
2) Yes
3) Dependents still need 5 year continuous stay, so then will be eligible in 2029 (would need to renew once in 2027)

sunnymoon · Post by **sunnymoon** » Thu May 18, 2023 9:54 am

Hi marcnath,
Thank you for your kind reply, much appreciate it.

sunnymoon · Post by **sunnymoon** » Thu May 18, 2023 10:06 am

1) Yes, you can stay out of UK as described. If you then stay continuously, you should be eligible somewhere in April/May 2027

Hi marcnath,
I am confused about this answer. Why can I be eligible in April/May 2027 instead of Oct/Nov 2027?
Many thanks.

marcnath · Post by **marcnath** » Thu May 18, 2023 10:13 am

sunnymoon wrote: ↑
Thu May 18, 2023 10:06 am

1) Yes, you can stay out of UK as described. If you then stay continuously, you should be eligible somewhere in April/May 2027
Hi marcnath,
I am confused about this answer. Why can I be eligible in April/May 2027 instead of Oct/Nov 2027?
Many thanks.

The criteria is that you have to be less than 180 days in any 12 month period. So you can be away for 179 days (approximately 6 months) and still qualify.
Which means if you take the date 179 days back from your arrival date, you can qualify 3 years from that date, not 3 years from the date of arrival.

sunnymoon · Post by **sunnymoon** » Thu May 18, 2023 10:23 am

Thanks for explaining it, marcnath.

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