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Long Residence days calculation

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

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Newstarter07
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Posts: 21
Joined: Mon Jun 17, 2013 6:11 pm
India

Long Residence days calculation

Post by Newstarter07 » Tue Jul 09, 2024 10:07 am

Hello Experts,

This question is for my friend who is struggling to understand whether he can apply for ILR on the long residence 10 year route. I would request any one of you to please share your knowledge on the same.

My friend entered the UK on 15th September 2014 and the following were the visa issues since.

9th Sept 2014 30th Jan 2016 Tier 4 General Student
7th Jan 2016 30th Jan 2020 Tier 4 General Student
17th Jan 2020 30th Aug 2020 Tier 4 General Student
9th Sept 2020 1st Sept 2021 Tier 4 Doctorate Extension Scheme
2nd Sept 2021 11th Nov 2021 COVID extension
12th Nov 2021 15th Jan 2022 COVID extension
10th Feb 2022 27th Jan 2023 Skilled Worker
28th Dec 2022 17th Jan 2025 Skilled Worker


Can anyone please guide whether he is eligible to apply for ILR or if he has to wait another year?

Also, he has never overstayed in the UK.

Thanks.

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zimba
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Posts: 22987
Joined: Mon Aug 11, 2014 6:13 pm
Location: UK
Mood:
United Kingdom

Re: Long Residence days calculation

Post by zimba » Tue Jul 09, 2024 11:28 am

It seems he needs to wait more. Time spent under exceptional assurance (while not breaking continuity of residence) will not count towards the 10 years of lawful residence
Paragraph 39E(5) of the Immigration Rules was amended so that overstaying during periods where the person held an exceptional assurance or short-term assurance will be disregarded and will not break continuous residence. This period however does not count as lawful presence.
https://www.gov.uk/government/publicati ... accessible
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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