Immigrationboards.com

Hello all,

Long time lurker and first time poster - looking for some advice as I'm worried and in quite a pickle. I would like to know whether I would be eligible to apply for ILR through the Long Residence route soon - specifically whether I would meet the Continuous Residence requirement (I know I meet the 180/540 days requirement). Please see my immigration history/timeline with details below. I would appreciate any help/advice, thank you!

• Tier 4 (General) - Valid from 27/08/2010 Until 13/10/2014 - Date of Entry: 19/09/2010
  Managed to secure a Tier 2 Sponsored job in October 2014 but the process wasn't completed in time (approvals, contract, COS etc.) so wasn't able to make an in-country application to switch. Left the country on 13/10/2014, with a view to apply from outside.
• Tier 2 (General) - Out of country application made on 19/12/2014. Application successful and Tier 2 (General) visa granted.
  Valid from 05/01/2015 Until 18/02/2018. Date of re-entry: 06/01/2015 (within 6 months of leaving on 13/10/2014).
• Tier 2 (General) - Application to extend made on 18/01/2018. Application approved on 20/01/2018 and extension granted.
  Valid until 06/01/2021.
• Tier 2 (General) - Change of employment due to change of job/SOC code (same sponsor). Application made in April 2019 and approved on 26/04/2019.
  Valid until 06/01/2021.

Now, I was made redundant on 21/02/2020. I was unable to apply for ILR through the Tier 2 PBS route (5 years) despite being eligible as of 05/01/2020, as my sponsor was not willing to provide me with the "proof of employment" letter. Despite having secured multiple roles that haven't come to fruition due to various factors out of my control, I am yet to secure another role that would offer Tier 2 Sponsorship and enable me to apply for ILR on the basis of the Tier 2 PBS route.

Fortunately, I am yet to receive a curtailment letter from the Home Office (the address is up to date).

So, now my question is: Would I be eligible to apply for ILR through the Long residence 10 year route on 22/08/2020 (First entry on 19/09/2010 - 28 days) on the basis of my immigration history above, despite having to leave the country on 13/10/2014 to make an out of country application on 19/12/2014 (more than 28 days from expiry of Tier 4 visa) and re-entering on 06/01/2015 (within 6 months of expiry Tier 4 visa).

Thank you!

Yes you can

Thank you Zimba! Appreciate your help!

So having read the Immigration rules, the long residence guidance as well as previous forums posts, I assume that the "new application within 28 days" requirement applies if you left the country after your existing leave/visa has expired - is that right? In which case where does a person stand if s/he left on the date of expiry (i.e. 13/10/2014) in my case?

I am in almost same situation. I left UK before my leave expired, but applied with in 28 days of my leave expiry.
left - 29th Oct 2016 (visa was till 30th Nov 2016)
Applied fresh - 9th Dec

So, not sure if my continuity is broken.

mail2debi wrote: ↑

Thu Jul 09, 2020 6:49 pm

I am in almost same situation. I left UK before my leave expired, but applied with in 28 days of my leave expiry.
left - 29th Oct 2016 (visa was till 30th Nov 2016)
Applied fresh - 9th Dec

So, not sure if my continuity is broken.

Please start your own topic with your circumstances and questions. It is unfair to other members to tag onto their threads and creates confusion when users respond.

Hi ,
I am no expert, but I was going through documents for my own and got it very clear in below document:

https://assets.publishing.service.gov.u ... gov-uk.pdf

page - 19 (section Pre 24 November 2016 )

If the applicant’s leave expires whilst they are outside the UK and they apply for new entry clearance more than 28 days after their previous leave expires, the continuous period is broken and leave is not aggregated.

Hope this answers your question.

Moderator, Sorry for my earlier post. I was just clarify that I am having same confusion.

ajitu92 wrote: ↑

Thu Jul 09, 2020 5:02 pm

Thank you Zimba! Appreciate your help!

So having read the Immigration rules, the long residence guidance as well as previous forums posts, I assume that the "new application within 28 days" requirement applies if you left the country after your existing leave/visa has expired - is that right? In which case where does a person stand if s/he left on the date of expiry (i.e. 13/10/2014) in my case?

If you left with a valid visa, you can return anytime within 6 months and your continuous residence is maintained. There is no requirement that you should have applied for a new visa within 28 days of leaving the UK when you had valid leave. You are confusing requirements of continuous leave under different routes.

This is the long residence guide: https://www.gov.uk/government/publicati ... -residence

mail2debi wrote: ↑

Thu Jul 09, 2020 10:56 pm

Hi ,
I am no expert, but I was going through documents for my own and got it very clear in below document.....

You made the same mistake as the OP. The document you linked simply is NOT relevant to the long residence route. You did not properly read the document you quoted from. It clearly tells you what routes it covers

This is the long residence guide: https://www.gov.uk/government/publicati ... -residence

Thank you once again Zimba.

I can assure you that I was looking at the long residence guidance and not the one that applies to the PBS routes as quoted by mail2debi.

Perhaps clarifying the source of my confusion may help. I am most likely overthinking it and being paranoid tbh.

• If you leave on the day that your visa is "Valid until" does it still count has having valid leave on exit? So does leaving at say, 17:00:00 on the "Valid until" date still count as having left the country with a valid leave/visa? I can't find any guidance on this, nor on the fact that the visa is valid until 23:59:59 on the "Valid until" date shown. I guess the question is what constitutes a valid leave/visa on exit - is it purely whether you have left on/before the "valid until" date or after? I ask because all the examples (the guidance and previous forum posts) show people leaving before the "valid until" date on their visa.

So the guidance seems quite clear on the fact that the condition to apply within 28 days applies only if you left after the expiry of your leave to remain, as per the below excerpt.


"Events that break continuous residence

Continuous residence is considered to be broken if the applicant has:
• been absent from the UK for a period of more than 6 months at any one time
• spent a total of 18 months outside the UK throughout the whole 10 year period
• left the UK before 24 November 2016 with no valid leave to remain on their
departure from the UK, and failed to apply for entry clearance within 28 days of
their previous leave expiring (even if they returned to the UK within 6 months)

Time spent outside the UK

Continuous residence is not considered broken if the applicant:
• is absent from the UK for 6 months or less at any one time
• had existing leave to enter or remain when they left and when they returned –
this can include leave gained at port when returning to the UK as a non-visa
national
• departed the UK before 24 November 2016, but after the expiry of their leave to
remain, and applied for fresh entry clearance within 28 days of that previous
leave expiring, and returned to the UK within 6 months

If the applicant had existing leave to enter or remain when they left and returned to
the UK, the existing leave does not have to be in the same category on departure
and return. For example, an applicant can leave the UK as a Tier 4 (General) student
and return with leave as a spouse of a settled person. Continuous residence is not
broken as the applicant had valid leave both when they left and returned to the UK."

"Time spent outside the UK

A person who is outside the UK will not be in breach of the Immigration Rules.

You can overlook a period of unlawful residence if the applicant leaves the UK after
their valid leave has expired but before 24 November 2016, and:
• applies for entry clearance within 28 days of their original leave expiring
• returns to the UK with valid leave within 6 months of their original departure"



Also, the examples that they have quoted in the guidance (below). So example 1 is quite clear. But it seems to me that the fact that example 2 does not explicitly specify when the application was made (nor the fact that it doesn't matter as the applicant left before their leave expired), leaves things up to the interpretation of the caseworker. Or am I, once again, just overthinking it?

Examples of continuous residence
This page gives you examples of when you must grant or refuse a long residence
application when considering the continuous residence requirement.

Example 1
An applicant:
• enters the UK on 1 September 2004 with entry clearance as a student which is
valid until 31 October 2005
• leaves the UK on 5 November 2005, after their previous leave expired
• applies for entry clearance on 22 December 2005
• re-enters the UK with valid entry clearance as a student on 5 January 2006
The applicant did not have valid leave on the date of their departure, and failed to
apply for fresh entry clearance within 28 days of the original leave expiring.
Therefore continuous residence has been broken.

Example 2
An applicant:
• enters the UK on 1 September 2004 with entry clearance as a student which is
valid until 31 October 2005
• leaves the UK on 25 October 2005, before their previous leave expired
• re-enters the UK with valid entry clearance as a student on 5 January 2006
The person had valid leave on the date of their departure and on the date of their
return to the UK, and the time spent outside the UK was less than 6 months.
Continuous residence has been maintained, even though the person entered the UK
with a fresh grant of leave.

If you left when you had a valid visa (even on the last day), the 28 days requirement is NOT relevant.

Got it, thank you once again Zimba - guess my overthinking got the better of me (as usual!)

Thank you for being so patient with me. I have a couple more questions if you don't mind (I apologise if I sound like a broken record!):

• While looking through my passports to double check my travel history I came across this anomaly: Since the UK do not stamp your passport at immigration exit I do not have an exit stamp for 13/10/2014. I do have an immigration entry stamp at my port of arrival but this is on 14/10/2014 as it was 4am on arrival. Will this cause an issue? Do I need to submit any more evidence to support the fact that I left on 13/10/2014 (when my visa was valid until)? I have the ticket and maybe the boarding pass too somewhere.
• Secondly, will the fact that I was made redundant in Feb cause any issues? As I mentioned I am yet to receive a curtailment letter, so as I understand it, I am able to reside legally until the curtailment is issued (and the date the visa is curtailed to eventually).
• Lastly, say I was to receive the curtailment letter on 13/07/2020. So my leave would be curtailed to 11/09/2020. Given that I would reach the LR threshold on 22/08/2020, could I still make an LR application even if my leave gets curtailed?

While looking through my passports to double check my travel history I came across this anomaly: Since the UK do not stamp your passport at immigration exit I do not have an exit stamp for 13/10/2014. I do have an immigration entry stamp at my port of arrival but this is on 14/10/2014 as it was 4am on arrival. Will this cause an issue? Do I need to submit any more evidence to support the fact that I left on 13/10/2014 (when my visa was valid until)? I have the ticket and maybe the boarding pass too somewhere.

No and no.

Secondly, will the fact that I was made redundant in Feb cause any issues? As I mentioned I am yet to receive a curtailment letter, so as I understand it, I am able to reside legally until the curtailment is issued (and the date the visa is curtailed to eventually).

No. Set LR does not have an employment requirement.

Lastly, say I was to receive the curtailment letter on 13/07/2020. So my leave would be curtailed to 11/09/2020. Given that I would reach the LR threshold on 22/08/2020, could I still make an LR application even if my leave gets curtailed?

Yes

Awesome, thank you CR001! Your and Zimba's answers have really put my mind at ease! I really appreciate all your help and guidance!

I would like to thank all the posters on this thread for their continued support and guidance.

I am happy to report that I still haven't received a curtailment letter/notice, so even if I was to get one tomorrow I will safely be able to meet the LR requirements even without the 28 day (application prior to completion of 10 years) concession.

I now have a couple of other questions that I am hoping you would be kind enough to answer. I have done my research on this forum and externally, but just wanted to double check to make sure.

My settled EU partner (cohabiting) receives child benefit for her child (claimed under her name and paid to her account).

1. Does this affect my ILR LR application? (It doesn't based on my research but just wanted to double check)

2. Does it need to be declared on my Set LR application anyway?

ajitu92 wrote: ↑

Wed Aug 19, 2020 7:23 pm

My settled EU partner (cohabiting) receives child benefit for her child (claimed under her name and paid to her account).

1. Does this affect my ILR LR application? (It doesn't based on my research but just wanted to double check)

2. Does it need to be declared on my Set LR application anyway?

1. NO

2. NO

Thank you @seagul! Appreciate your quick response and help.

I would like to thank everyone for their continued guidance. I have now filled out my LR application and about to submit, but just wanted to double check a few things for peace of mind before I do.

• The form asks whether you have any children. I have answered "No" as I don't have any of my own but my partner's (we are not engaged yet) child (from previous relationship) lives with us - which I have mentioned under "Do you have any other reasons for wanting to stay in the UK?". Is this the right approach?
• I understand that only recordable offences affect the ILR application but do any other penalties have to be declared at the very least? I have had a parking fine from a council, and a bus lane violation (PCN) and speeding offence (FPN which was dealt with by means of a speed awareness course). Do any/all of these need to be declared even though they have no affect on the ILR?
• I know that ILR LR is not based on employment but does being unemployed have any bearing whatsoever (as they ask regarding employment in the application)?
• I also know and understand that you qualify for LR on your own merits only and that the checklist of evidences created is generic. I know that a lot of the questions are not relevant/important but you do need to answer truthfully and declare all material facts related to your application that will affect the application and also that you may rely on during any appeals if needed. So are you obliged to provide other evidences (such as the ones related to your partner) if you have declared them, or is just the declaration on the form and passports+BRP+LITUK+English language requirements sufficient?
• Some of the stamps in my passport are smudged/difficult to read. Would it be useful/needed to provide travel itinerary for those dates/stamps specifically?
• Lastly, the rules clearly state that if you left the country at any time, you must have done so with clear intent and expectation to return. Would it be useful to provide any evidence for this when I had to leave the country to make a Tier 2 application in 2014?

ajitu92 wrote: ↑

Fri Sep 04, 2020 10:35 pm

I would like to thank everyone for their continued guidance. I have now filled out my LR application and about to submit, but just wanted to double check a few things for peace of mind before I do.

• [1] The form asks whether you have any children. I have answered "No" as I don't have any of my own but my partner's (we are not engaged yet) child (from previous relationship) lives with us - which I have mentioned under "Do you have any other reasons for wanting to stay in the UK?". Is this the right approach?
  
  [2] I understand that only recordable offences affect the ILR application but do any other penalties have to be declared at the very least? I have had a parking fine from a council, and a bus lane violation (PCN) and speeding offence (FPN which was dealt with by means of a speed awareness course). Do any/all of these need to be declared even though they have no affect on the ILR?
  
  [3] I know that ILR LR is not based on employment but does being unemployed have any bearing whatsoever (as they ask regarding employment in the application)?
  
  [4] I also know and understand that you qualify for LR on your own merits only and that the checklist of evidences created is generic. I know that a lot of the questions are not relevant/important but you do need to answer truthfully and declare all material facts related to your application that will affect the application and also that you may rely on during any appeals if needed. So are you obliged to provide other evidences (such as the ones related to your partner) if you have declared them, or is just the declaration on the form and passports+BRP+LITUK+English language requirements sufficient?
  
  [5] Some of the stamps in my passport are smudged/difficult to read. Would it be useful/needed to provide travel itinerary for those dates/stamps specifically?
  
  [6] Lastly, the rules clearly state that if you left the country at any time, you must have done so with clear intent and expectation to return. Would it be useful to provide any evidence for this when I had to leave the country to make a Tier 2 application in 2014?

1. No harm in answering in that way.

2. PCN if paid straightaway has no issue and same is the case with FPN where if the relevant course has been attended and the fine has been paid. No need to declare.

3. No bearing

4. You won't be asked about giving declaration about others in set lr

5. No need unless will be asked at later

6. No

Thank you once again @seagul, appreciate it.

Regarding the FPN and PCNs, everything was settled/attended in time.

Regarding point 4, the form actually does ask me to declare details of my partner. So what needs to be done in this case?

ajitu92 wrote: ↑

Sat Sep 05, 2020 8:28 pm

Regarding point 4, the form actually does ask me to declare details of my partner. So what needs to be done in this case?

Simply mention the details what form asks. No evidence is required regarding partner.

ajitu92 wrote: ↑

Sat Sep 05, 2020 8:28 pm

Thank you once again @seagul, appreciate it.

Regarding the FPN and PCNs, everything was settled/attended in time.

Regarding point 4, the form actually does ask me to declare details of my partner. So what needs to be done in this case?

Application form seems of constantly getting expanded so wherever you get asked anything relevant so just keep on replying accordingly.

Thank you both! Puts my (constantly worried) mind at ease to proceed with my application! Appreciate all your inputs!