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Hello,

Please advise if my stay during following period qualify as a continuous resident or not(Especially with the Gap of 212 days - Can it be broken in 2 years as per the old rules, if yes, Can I still qualify as my number of days stay is less than 180 days in this year?).

There is confusion considering the different rules before and after July 2018 immigration changes.

Year 1 -
Visa 1 Start Date 27/9/13, End Date - 27/3/2014
Travel Date - 17/11/13 - Return date 24/11/2013 (Stay 7 days)

Visa 2 Start Date 13/1/2014, End Date 12/2/2016
Travel Date - 14/01/14 - Return date 30/11/2014 (Stay 320 days)

Year 2
Visa 3 Start Date 15/12/2014, End Date 15/6/2015
Travel Date - 24/1/15 - Return date 27/02/2015 (Stay 34 days)

Visa 3 Start Date 15/04/2015, End Date 15/4/2017 (Couldn't travel for a month due to wife medical reason)
Travel Date - 23/5/15 - Return date 19/06/2015 (Stay 27 days)

Gap of 210 days between (From 19/6 until next travel on 17/1/2016)

Year 3 -
Visa 4 Start Date 11/1/2016, End Date 1/2/2019
Travel Date - 17/1/16 - Return date 4/06/2016 (Stay 139 days)
Travel Date - 11/9/16 - No Return Date Thereafter(Just few Holidays less than 30 days)

Many Thanks
Hitesh

Especially with the Gap of 212 days - Can it be broken in 2 years as per the old rules, if yes,

There has never been a rule that you can split absence in excess of 180 days over two years for ILR based on long residence. This applies to PBS routes applying for ILR only.

Can I still qualify as my number of days stay is less than 180 days in this year?

If you have ANY single absence of 180 days or more, your continuity of residence for ILR based on long residence, which means you won't qualify based on the period you have stated.

Thanks for your quick response.

I found the following articles which states, that the absence over 180 days can be split in 2 years if the start date of continues residency falls between these 2 dates, This is for the rules and period prior to 2018, where each 12 months period are considered separately.

Third party weblinks removed.

Sorry, I am still unsure.

Thanks,
Hitesh

Hiteshkathuria01 wrote: ↑

Mon Jul 13, 2020 3:30 pm

Thanks for your quick response.

I found the following articles which states, that the absence over 180 days can be split in 2 years if the start date of continues residency falls between these 2 dates, This is for the rules and period prior to 2018, where each 12 months period are considered separately.

Third party weblinks removed.

Sorry, I am still unsure.

Thanks,
Hitesh

The articles posted by the solicitors does NOT apply to ILR based on long residence. They clearly state which category of visas for ILR it applies for, ie Tier 1, Tier 2, Ancestry etc and NOT for ILR based on 10 years long residence, which what you appear to be asking about.

Long residence guidance in link below.

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

Thank you