Immigrationboards.com

Dear Moderator,

Could you please clarify whether my below situation will impact my eligibility to apply for my ILR under 10-year route (Long residence)

I completed 7 years stay in UK with Tier-2 ICT visa valid until end of October 2024. Now I am planning to take a break for about 5 months and will be applying new UK visa (either ICT or PBS Skilled worker) outside UK to come back to UK after 5 months.

Does the planned 5 months without any valid UK visa and no residence in UK, will be treated as compliance to under Appendix Long Residence – “…the applicant had permission when they left the UK, and returned to the UK with valid permission in the same or another route…” outlined in https://www.gov.uk/government/publicati ... le-version.

Thanks in Advance.

As long as you leave while holding a valid visa and return with another valid visa within 6 months.

Thanks Zimba for your reply.

For additional clarity, returning to home country on Oct 31st, 2024, few days before the BRP end date and applying for new visa (ICT or Skilled worker) from home country by March 31st, 2025, re-entering UK again by Apr 15th, 2025. As per my understanding this is fine from ILR eligibility for 10 year route (long residence). Hope my understanding is correct? Request your validation please.

Thanks in Advance.

Yes

Obviously, keep in mind that the Rules do change a few times a year and that the interpretation is only valid for the current Rules.

Also factor in that such a long absence may have an impact on any future citizenship applications (which have their own laws and rules, and are unrelated to the immigration Rules), if such long absences are within five years immediately preceding the date of the naturalisation application.

There is a limit of 450 days outside the UK in the five years immediately preceding the date of naturalisation application. And such a long absence will limit your ability to travel outside the UK for the rest of those five years.