ILR Continuous Residency and Documentations

[nirupam]

Hi Team,

I have been living in UK since 6Jan 2014, and visited India several times and away from UK country the most important absence worrying me as below

1. 3 Oct 2014 till 3 Nov 2014 ( this was for visa renewal from ICT short term to ICT long term, visa expired on 3 Oct, applied for new application within 28 day, and still on UK payroll.)

2. 5 Dec 2016 till 29 Dec 2016 ( ICT Tier 2 visa, on UK Payroll , working from India)

3. 27 May 2018 till 09 Oct 2018 ( ICT Tier 2 visa active till 15 Sep 2018. I was repatriate from UK due completion of project and working for same organization but on India Payroll. Make an new application and get new visa stating from 14-Sep 2018, enter UK on 9 Oct 2018 but on Student dependent visa )

4. I am planning to travel to India and will work from India for 1 months on UK Payroll only. Will this break the continuous residency?

I would like to know will any of the above absence break residency continuous period mainly the one working from outside UK as mentioned in UK guide lines documentation as below

"Employment outside of the UK
If the absences are connected to other employment outside the UK, which
demonstrates the UK employment is secondary, these are not permitted absences,
and the continuous period requirement is broken. Absences due to employment,
whether related to the applicant’s job in the UK or not, count towards the 180 day
maximum each year"

5. Does 540 days of absences applicable for dependent ( spouse ) ILR as well and will "employment outside UK" clause will applicable to dependent (Housewife) even though she is not working outside UK or "working outside UK but on UK payroll" during this long residency timeframe.

What exactly is the "Employment outside of the UK" as its creating confusion in my mind.

6. Do we need to provide the letter from employer providing clarification about absences? And does it applicable for dependent as well if they are working?

7. what are the precautions needs to be taken care for last 3 year of ILR 10 year long residency?


Thanks,
Nirupam

[nirupam]

Please Ignore below strikeout point, I was referring to incorrect documents. Thanks,

I have been living in UK since 6Jan 2014, and visited India several times and away from UK country the most important absence worrying me as below

1. 3 Oct 2014 till 3 Nov 2014 ( this was for visa renewal from ICT short term to ICT long term, visa expired on 3 Oct, applied for new application within 28 day, and still on UK payroll.)

2. 5 Dec 2016 till 29 Dec 2016 ( ICT Tier 2 visa, on UK Payroll , working from India)

3. 27 May 2018 till 09 Oct 2018 ( ICT Tier 2 visa active till 15 Sep 2018. I was repatriate from UK due completion of project and working for same organization but on India Payroll. Make an new application and get new visa stating from 14-Sep 2018, enter UK on 9 Oct 2018 but on Student dependent visa )

4. I am planning to travel to India and will work from India for 1 months on UK Payroll only. Will this break the continuous residency?

I would like to know will any of the above absence break residency continuous period mainly the one working from outside UK as mentioned in UK guide lines documentation as below

"Employment outside of the UK
If the absences are connected to other employment outside the UK, which
demonstrates the UK employment is secondary, these are not permitted absences,
and the continuous period requirement is broken. Absences due to employment,
whether related to the applicant’s job in the UK or not, count towards the 180 day
maximum each year"

5. Does 540 days of absences applicable for dependent ( spouse ) ILR as well and will "employment outside UK" clause will applicable to dependent (Housewife) even though she is not working outside UK or "working outside UK but on UK payroll" during this long residency timeframe.

What exactly is the "Employment outside of the UK" as its creating confusion in my mind.

6. Do we need to provide the letter from employer providing clarification about absences? And does it applicable for dependent as well if they are working?

7. what are the precautions needs to be taken care for last 3 year of ILR 10 year long residency?


Thanks,
Nirupam
[/quote]

[zimba]

The long residence is about 10 years of lawful residence. You will apply on your own and must qualify on your own. Your employment status is NOT relevant

https://www.gov.uk/government/publicati ... -residence

[nirupam]

HI Team,

I entered UK on 4 Jan 2014 and Currently working in UK. I would like to know I have break the continuous residency.

Entered UK on 4th Jan 2014 ( on ICT short term visa ) and leave UK on 3rd Oct 2014. Below are the absence during this period.

14-06-2014 22-06-2014 7
03-10-2014 03-11-2014 30 ( during this outside stay I don't have active/Valid visa but applied for Visa within 28 days of previous expired Visa )


Entered UK on 3rd Nov 2014 ( on ICT long term visa ) and leave UK on 27th May 2018. Below are the absence during this period.

11-04-2015 13-04-2015 1
05-02-2016 29-02-2016 23
05-12-2016 26-12-2016 20
13-07-2017 30-07-2017 16

27-05-2018 09-10-2018 134 ( as my project finished I have to go back to INDIA, I was having Visa valid till 15 Sep 2018 and got new student dependent visa start from 14-Sep-2018. I don't have any residency proof such as council tax receipts during this period ).


Entered UK on 10th Oct 2018 ( on Student Dependent Visa ) and convert to Tier 2 general Visa after 1 year. Below are the absence during this period.

17-12-2018 28-12-2018 10
17-11-2019 08-12-2019 20
30-07-2022 11-09-2022 42

1. will above mentioned absence break my residency?

2. what are the lists of documents required at the time of ILR?

3. Do I need to provide leave absence letter from employer for 10 Year residency?

4. My wife was having valid visa start from 4 Jan 2014 but she entered UK on 14 May 2014, Can I applied for her ILR on Jan 2024 or will it be May 2024?

5. My wife is on Tier 2 General dependent visa, If I applied for ILR in the month of Jan, will she still able to continue with her stay on Tier 2 General Dependent visa till MAY?

6. Tourist visa stay consider under 10 year long residency rule?


Thanks,
Nirupam

[zimba]

1. You do not even have 10 years. It seems you qualify in 2024. You get to have up to 540 days of absence in the 10 years and you should not be absent from the UK for more than 180 days. That is all

2. Passports over the last 10 years, LIUK and English language. That's it

3. No. I already told you above that the long residence has NOTHING to do with your employment.

4. It will be May 2014

5. Yes

6. ALL visas count towards the long residence

[nirupam]

Thanks, Zimba, for quick response. It will greatly help me to plan visa processing accordingly.

Correctly pointed by you. Yes, I will be going to complete my 10 years in Jan - 2024.

I have my current visa last till 14-Jul-2023, if by chance it's not get extended or I unable to secure another sponsorship to cover remaining 5 months in UK. Then living in UK on tourist visa will count against 10-year residency. Thanks for confirmation.

Will I able to file for the tourist visa within UK or do I need to file it from India?

Once again Thanks for clarifying the doubts.

[Ticktack]

Thanks, Zimba, for quick response. It will greatly help me to plan visa processing accordingly.

Correctly pointed by you. Yes, I will be going to complete my 10 years in Jan - 2024.

I have my current visa last till 14-Jul-2023, if by chance it's not get extended or I unable to secure another sponsorship to cover remaining 5 months in UK. Then living in UK on tourist visa will count against 10-year residency. Thanks for confirmation.

Will I able to file for the tourist visa within UK or do I need to file it from India?

Once again Thanks for clarifying the doubts.

You can't file for a tourist visa to visit the UK whilst you're already in the UK. Tourist visas are requested at the Embassies. There is no Embassy in country.

The danger is if you go out there and don't get the tourist visa to come back, then it's over.

Try and extend your sponsorship if you can. Best option.

[zimba]

UK Long-term visit visas are allowed to be issued (2, 5 or 10 years). This is issued to people who need to visit the UK regularly and have an extensive history of travel here. However, a standard visit visa is issued for much shorter periods (6 months or less). There are no guarantees. Also, you must apply from outside the UK. Also UKVI may refuse your visa if they see you are solely using it to try to settle in the UK

An application for a visit visa must also be made while the applicant is outside the UK and to a post designated to accept visit visa applications.

https://assets.publishing.service.gov.u ... nce_12.pdf

[nirupam]

Thanks a lot for an excellent useful information. It's really clear all my doubts. Thanks once again.