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Dear All, i need help to understand if i have maintained continuation of lawful leave during absence from UK.
I came to UK on Tier2 ICT established staff visa on 1st Jan 2011. i.e before 10 Apr 2011.
My Visa extended multiple times until 13-July-2016. I left to India on 5th July 2016.
My Company issued a fresh COS on 5th August 2016 and a 5 Year ICT Long term Visa was stamped on 26th August 2016. I entered UK on 2th Sept. I want to apply for ILR on Jan 2021 through 10 Years route.

I see below clause to calculate continuity.

The continuous period is maintained if the applicant leaves the UK with or without valid leave,but applies for new entry clearance within 28 days of their leave expiry date, is granted and re-enters the UK using that entry clearance.

Can you please clarify below for me.
1) Are 28 days weekdays or includes weekends?
2) Can COS issued date be considered as new application date for entry clearance or is it the application submitted date with VFS? Or is it Visa stamped date?
3) If it is Visa application submitted date with VFS, is there a way to identify the exact date when my application was submitted by my sponsor?
4)If my ILR is rejected due to this Reason, is there anything i can do other than waiting for 5 more years?

Appreciate your response. Thanks in advance.

I see below clause to calculate continuity.

The continuous period is maintained if the applicant leaves the UK with or without valid leave,but applies for new entry clearance within 28 days of their leave expiry date, is granted and re-enters the UK using that entry clearance.

Where exactly did you read this?? What official link is it from??

Can you please clarify below for me.
1) Are 28 days weekdays or includes weekends?
2) Can COS issued date be considered as new application date for entry clearance or is it the application submitted date with VFS? Or is it Visa stamped date?
3) If it is Visa application submitted date with VFS, is there a way to identify the exact date when my application was submitted by my sponsor?
4)If my ILR is rejected due to this Reason, is there anything i can do other than waiting for 5 more years?

1. It is 28 days, all days, including weekends. It doesn't say "workdays"!

2. No. It is visa issue/stamp date.

3. See #2

4. Not sure why you believe you don't have 10 years stay for ilr. You might be reading the wrong guidance notes, hence my previous post asking where you read that extract.

Hi, Thank you for reply.

I read that from below official document, page 19 with section heading "Continuation of lawful leave during
absences from the UK" and sub section "Pre 24 November 2016 ".

https://assets.publishing.service.gov.u ... -v20.0.pdf

The reason for travel back and delay in applying the Visa was baby delivery due date for my partner which was on first week of August but delivery was delayed until 1st Sept.I could not find time to apply Visa within 28 Days. Do you think case workers will consider this reason?

The link you are reading is NOT relevant to ilr based on long residence.

The link clearly states which 5 year ilr categories it applies to, or tier 1, tier 2, Ancestry etc.

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

https://www.gov.uk/long-residence/eligibility

Thank you so much for clarifying this. You made my day . God bless you.

I have one more clarification needed please.
I came to the UK on 1st Jan 2011 and my original Visa which expired on 28th Jan 2013.
My company has applied for an extension while i continued to work in the UK.
My extended Visa has start date as 14th May 2013. Which has 105 Days gap from original visa expiry date 28th Jan 2013. Is this considered as a gap while applying for ILR? Please see gaps given below for all my extensions.
Kindly clarify. Thanks in advance.

"Visa Start Date" "Visa End Date" Gap & Remarks
20 December 2010 28 January 2013 Original Visa Applied from India
14 May 2013 13 July 2014 105 Days. Visa extended from UK.
10 August 2014 13 July 2015 27 Days. Visa extended from UK
06 August 2015 13 July 2016 23 Days. Visa extended from UK
27 August 2016 04 September 2021 44 Days. Traveled to India on 4th July 2016 and came with fresh
Long term Visa.

Is this considered as a gap while applying for ILR? Please see gaps given below for all my extensions.

No as presumably the extension was applied for before your visa expired.

Thank you again.

Hi VKandi

Need help. I am in similar situation, need guidance. Could you pls share your mobile number or drop me a mail at <<email address removed by moderator>>? Thanks in advance.

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