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The question about the continuity of ILR
Posted: Sat Dec 09, 2023 11:38 am
by Emma87
Dear all，
Regarding the indefinite leave to remain (ILR) after ten years, does a year spent on a tourist visa interrupt the continuity? (The individual stayed in the UK, meeting the requirement of not being absent for more than 186 days). Is the time covered by the visa before the interruption still counted? Or is only the time after the interruption counted? Or does it not count as an interruption, merely requiring an additional year postponed?
Re: The question about the continuity of ILR
Posted: Sat Dec 09, 2023 12:19 pm
by CR001
Visitor visas do not count towards the 10 years legal stay residence. The clock would have reset AFTER the visitor visa when the person returned on a qualifying visa.
https://www.gov.uk/long-residence/eligibility
You cannot count time spent in the UK:
on a Standard Visitor visa or as a visitor without a visa
on a Short-term study visa
on a Seasonal Worker visa
on immigration bail, temporary admission or temporary release
in a prison, young offender institution or secure hospital
You also cannot count time spent in Ireland, the Isle of Man or Channel Islands.
Re: The question about the continuity of ILR
Posted: Sat Dec 09, 2023 4:24 pm
by Emma87
Thank you for your response. For instance, from January 2014 to January 2024, with a period from August 2017 to August 2018 spent on a tourist visa in the UK, which doesn't count towards the ten-year residency. In this case, does one need to accumulate more time, specifically from August 2018 to August 2028, correct?
CR001 wrote: ↑Sat Dec 09, 2023 12:19 pm
Visitor visas do not count towards the 10 years legal stay residence. The clock would have reset AFTER the visitor visa when the person returned on a qualifying visa.
https://www.gov.uk/long-residence/eligibility
You cannot count time spent in the UK:
on a Standard Visitor visa or as a visitor without a visa
on a Short-term study visa
on a Seasonal Worker visa
on immigration bail, temporary admission or temporary release
in a prison, young offender institution or secure hospital
You also cannot count time spent in Ireland, the Isle of Man or Channel Islands.
Re: The question about the continuity of ILR
Posted: Sat Dec 09, 2023 4:48 pm
by CR001
In this case, does one need to accumulate more time, specifically from August 2018 to August 2028, correct?
Yes, as the visitor visa period broke your continuous residence.
Re: The question about the continuity of ILR
Posted: Sun Dec 10, 2023 4:21 pm
by Emma87
Thanks for your explanation! All the best!
CR001 wrote: ↑Sat Dec 09, 2023 4:48 pm
In this case, does one need to accumulate more time, specifically from August 2018 to August 2028, correct?
Yes, as the visitor visa period broke your continuous residence.