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HI,
I entered with tier 2 ICT visa in Sept 2010. Now I am in UK for around 9 years on tier 2 staff. During this period I was in India for business trip for around 2 months and may be two times on holidays for around 1 month each but all 9 years I am lawfully in UK without break in my Visa status.

So I need 1 more year visa extension to apply for ILR and not sure if i can get that looking at current work situation. So looking for options
What i thought earlier was if i cant have extension i will go back once i finish my current leave and then come back on Tier4 within 4 months since next intake will be on January. I thought 180 days absence is allowed so this will not break my 10 Year lawful residence. But recently one of my friend said that i need to have a visa for 10 years without break . It means if i am outside UK for 4 months still this will break my 10 year lawful continuous residence.
Are above statements correct or my continuous residence will not break if i am outside UK less then 6 months without leave to remain?

Another option to cover this 4 months gap is by getting a visitor visa for 6 months and then i can apply discretionary leave to remain Since my son (born in UK) will be 7 year old by January. But Can I apply for visitor visa without leaving UK? I understand i cant work with this visa but will get continuity in my long residence route.

Is there any more option to keep my long residency route open?

Thanks in advance for giving your time to understand my situation and respond accordingly!

Your friend is talking nonsense.

If you leave the UK with a valid visa and return within 180 days in another visa, residence is not broken.

You cannot apply for a visitor visa within the UK!!

Thanks for the prompt reply!

Please do not start multiple duplicate topics with the same questions. Stick to one thread!!

Sorry but my another question was just regarding discretionary leave to remain if i can apply for discretionary leave to remain before my sons 7th birthday.... only 4 months before.... I thought of keeping different since different topic .. sorry for that anyway.

There is no longer a DLR application. It is FLR fp and your child must be 7 years old already to potentially qualify. The application also can take very long and many are refused.

You also can't apply for this from outside the UK if the child is not British.

Thanks for your quick reply!

Look like my sponsor will extend my visa but just in case of worst i am planing to apply for tier4 application.
My current Tier2 ICT visa expires at end of October.

To maintain lawful residence continuity for 10 Year long residence visa route
Q1: Is there any condition that i have to apply for further entry clearance within 14 days of expiry of current visa?
According to my research, condition of 14 days is there only for 5 year ILR route but can't see such a condition in long residence guidance although condition of 28 days is there for a period before 24 Nov 2016.

5 year visa continuous residence ref: https://assets.publishing.service.gov.u ... -v18.0.pdf
Long residence guidance ref: https://assets.publishing.service.gov.u ... -v15_0.pdf


Q2. If my sponsor sends me back before end of my visa assume at the end of August. I think my Tier2 ICT visa will be cancelled as soon as i leave UK. So is my visa expiry date becomes UK leaving date (visa cancellation date) to put next entry clearance application within 14 days or original visa expiry date which is in October?

Really sorry for a big inquiry and thanks in advance for going through and responding.

1. No

2. Depends what date if any ho curtails your leave. There is no requirement to apply for another visa within 14 days or 28 days. You simply need to ensure you return to the UK within 180 days since you left.

Thanks a lot CR001!

I entered in UK with tier 2 ICT visa at the end of Sept 2010. Now I am in UK for around 9 years and 7 months on tier 2 staff. I am lawfully in UK without break in my Visa status.  

Due to Covid-19 situation worried about my current job in UK after June 2020. I will be eligible to apply for ILR in 1st week of Sept, 28 days before 10 year completion day.Considering worst case scenario of recession  where I lose my job in June and i need extension for max 90days before i apply for ILR. I see below three options open to me

Option 1:             
I can apply on family route based on my son who is already 7 year old which will surely take more then 6 months to give decision anyway to cover my 90 days.                     
I hope I can apply for ILR in September while Family route application will be under consideration? 
any issues please let me know.       
   
Option 2:           
In case of UK job loss and my company want me to go back to India in June. There will be 90days absence in 10th year so less then 180 days at a time and less then 540 days in total 10 years.    
Is it possible to apply ILR from India once eligible? 
If not possible to apply from India, can I come to UK as a tourist and then apply for ILR in UK later September?

Option 3:            
Apply for ILR in June (3 month before)?
          Wanted to do my ILR on priority to search new job asap but not possible in this case. Worry is how much time it will take to get ILR without priority service?         

Can you please help me to understand open options for me and issues if any?

Topics merged where many of your questions were already answered last year. Nothing changes in terms of the advice.

Also note that you CANNOT apply for ilr from India. You can only apply within the UK.

Applying 3 months early is likely to result in a refusal as you aren't eligible.

You have super priority or standard seevice. Only. Priority is for PBS route applications and set LR is NOT a PBS route application.

Standard service takes 8 weeks.

Thanks for your quick reply.

one more question hopefully last

can I apply for ILR in September while Family route application will be under consideration?