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Help - not sure of my ILR due date?

Posted: Tue Oct 10, 2023 1:42 pm
by Raphzen
Hello,

I have been in the UK since Sep. 2014 on separate visas but I'm not sure when I can apply for an ILR.

To breakdown, I got into the UK on a student visa in Sep 2014 for Masters and that visa was due to expire in Jan. 2026. However, I returned back home (Nigeria) in Dec. 2015 after finishing my studies. I later came back to the UK on a new student visa to pursue PhD in April 2016 and I have been in the UK since then (currently on a PSW/graduate visa, expiring November 2024).

Question is, can I claim continued residency since Sep 2014 since that was my first visa and I was only out of the UK for 4 months - ILR due in 2024? OR will my residency begin from the time I got my second student visa in April 2016 and ILR will be in 2026? Note: I have been in and out of the UK since 2016 but not more than 90 days combined.

I will appreciate advice from anyone who has been in a similar circumstance or has better knowledge of what constitutes continued residency according to UK immigration. Thanks. Raphael.

Re: Help - not sure of my ILR due date?

Posted: Tue Oct 10, 2023 1:56 pm
by zimba
If you left the UK in Dec 2015 when you had a valid visa and returned in April 2016 with a new visa then continuous lawful residence is maintained. You may apply for ILR under long residence next year. Your ILR eligibility date will be within 28 days of completing your 10 years, counting from the very first entry to the UK in 2014.

Re: Help - not sure of my ILR due date?

Posted: Thu Oct 12, 2023 9:20 am
by Raphzen
Thanks for your reply Zimba. Do you know if there is any section in the immigration Act that highlights this?

Re: Help - not sure of my ILR due date?

Posted: Thu Oct 12, 2023 9:37 am
by zimba
This is according to the immigration rules

There is a guide for the long residence: https://assets.publishing.service.gov.u ... idence.pdf

Re: Help - not sure of my ILR due date?

Posted: Thu Oct 12, 2023 12:11 pm
by Raphzen
Thanks for the info Zimba. I found what I was looking for. Cheers!