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Posted: **Sun Oct 26, 2025 1:45 am**

Dear honoured members,

Sincere apologies if this sort of question was already asked and answered on this forum. But looking forward to some help in my case regarding ILR Long Residence eligibility.

1. I was granted ICT Tier 2 Short term leave to remain with validity of 1 year (valid from 01/09/2025 to valid until 01/09/2016). I came to the UK on 15/09/2015 and left the UK on 29/08/2016. Please note, I left the UK 2 days before the Visa expiry date.

2. I submitted the new visa application on 03/11/2016 and obtained ICT Tier 2 Long term leave to remain with validity of 5 years (valid from 10/11/2016 to valid until 10/12/2021). I lived in the UK for this duration. Please note, I applied for new visa definitely after 28 calendar days but I believe 28 calendar days condition should not apply in my case because when I left the UK, I had valid leave to remain for 2 days. Could someone please confirm if I am correct?

3. I switched to Skilled worker visa in Sep 2021 and was granted leave to remain (valid from 20/09/2021 to valid until 21/11/2024). Further extension granted on the same route from 01/11/2024 to 27/09/2027. Again, I lived in the UK for this duration until now.

My question is - did I become eligible for ILR (on Long residence basis) on 15th Sep 2025? Based on my research and limited knowledge, I believe I am but I would be highly grateful if someone could provide their insights/expertise? Thanks

Posted: **Sun Oct 26, 2025 6:51 pm**

It seems you meet the lawful residence requirement.

Read item 3 here --> Changes to the Long Residence settlement route from 11 April 2024

Posted: **Thu Nov 06, 2025 12:22 am**

zimba wrote: ↑
Sun Oct 26, 2025 6:51 pm
It seems you meet the lawful residence requirement.

Read item 3 here --> Changes to the Long Residence settlement route from 11 April 2024

Hi Zimba,

Thanks for your help. However, I would like to bring to your notice some other resources that I found on home office website and that makes me really confused.

1. Firstly, when I look at "Immigration Rules Appendix Long Residence" and "Immigration Rules Appendix Continuous Residence", I see that I meet every criteria for ILR and my continuous residence for the Qualifying period of 10 years is not broken. Here are the 2 links I looked at:

https://www.gov.uk/guidance/immigration ... -residence
https://www.gov.uk/guidance/immigration ... -residence

2. However, I came across "Continuous residence guidance document" published for Home Office staff on 29/07/2025 (link below) and in that document, on page 41, it is clearly mentioned that "Applications for permission that were made outside the UK before 24 November 2016 will not break continuous residence if the applicant made a successful application for permission within 28 days of their previous permission expiring".

link: https://assets.publishing.service.gov.u ... idence.pdf

Pls refer page 41

Questions:

1. Now in my situation, as you can see in point 2 of my first message above, I submitted my Tier 2 ICT Long term visa on 3/11/2016; which is before 24/11/2016 and NOT within 28 days of my previous visa expiry date of 01/09/2016. Also the application was made outside the UK. Despite I never overstayed, If I follow the Continuous guidance document published for Home Office staff on 29/07/2025, it seems my continuous residence is broken. However "Immigration Rules Appendix Continuous Residence" doesn't have any such mention. Can you pls advise?

2. As an applicant, do we really need to look at or follow the guidance document that is meant for internal staff of home office?

I contacted 2-3 immigration solicitors as well who initially confirmed I am eligible for Long residence route and my 10 years stay in the UK is continuous and lawful. However the moment I asked them to refer to "the Continuous guidance document published for Home Office staff on 29/07/2025", they became unsure and appeared they had no idea about it.

Can you please advise here? Thanks

Posted: **Thu Nov 06, 2025 1:25 am**

I'd say the answer is a bit technical but first, a bit of context:

Before November 2016, there was rule that allowed overstayers to apply for a new visa within a 28-day grace period for a new application. In November 2016 the UKVI abolished the 28-day grace period for overstayers and replaced it with a more restrictive 14-day period with a "good reason" requirement which formed part of the paragraph 39E of the rules. This grace period applied to people who were either overstaying in the UK and also the people who had their visas expired outside the UK. So if someone left the UK with a valid visa and applied for a new visa within the 28-day grace period and got it, their continuous residence was preserved.

However that was NOT the case under the long residence route as its rules were separately written (before they were merged into the appendix continuous residence in 2024). According to the old long residence rules, if you left the UK with a valid visa and returned within the 6 months period, your lawful residence was preserved. There was no 28-day grace period limit at all in that specific case.

The guides are written to clarify the rules but unfortunately the guide in this instance is poorly written as the immigration rules under paragraph CR 4.1 of the appendix continuous residence show you that when it comes to the long residence route, no grace period limit is being imposed for absences (so the long residence route is effectively excluded)

The parts CR 4.1(d)(iii) and CR 4.1(d)(iv) are clearly separated and stand on their own. This is done precisely because the 28-day grace period for people who left the UK with valid visa, did NOT apply under the long residence rules. So the move to bring the long residence rules under appendix continuous residence still preserves the old position in the rules as of 10 April 2024 for applicants who had permission when they left the UK and returned to the UK with a valid permission, provided they do not exceed the limit of permissible absences:

CR 4.1. An applicant’s continuous residence will be broken if any of the following apply:

(a) the applicant is convicted of an offence and sentenced to a period of imprisonment (unless it is a suspended sentence) or directed to be detained in an institution other than a prison, unless the applicant is applying for settlement under Appendix Settlement Family Life or Appendix Private Life (in which case CR 4.4. applies); or

(b) the applicant is subject to a deportation order, exclusion order or exclusion direction; or

(c) the applicant is subject to removal directions, or in the case of an application under Appendix Long Residence, is removed from the UK, under section 10 of the Immigration and Asylum Act 1999; or

(d) the applicant does not currently have, or did not have, permission, unless:

(i) the applicant was granted permission following a successful application where paragraph 39E of these rules applied; or
(ii) (except for applications under Appendix Long Residence), the applicant had permission when they left the UK, applied for entry clearance before that permission expired, or within 14 days of that permission expiring, and that application for entry clearance was successful; or
(iii) the application is under Appendix Long Residence, and the applicant had permission when they left the UK and returned to the UK with a valid permission (on the same or another route), provided they do not exceed the absence limit in CR 3.1., CR 3.2. or CR 3.3.;or
(iv) for any period that an applicant left the UK without permission before 24 November 2016, where the applicant made a successful application for entry clearance or permission (either in or outside the UK) within 28 days of the date their previous permission expired; or
(v) the dates on which the applicant was in the UK without permission were in the period from 1 to 31 August 2020 and the applicant had permission immediately before then; or

(e) the applicant is absent from the UK for longer than the periods permitted under CR 3.1., CR 3.2., and CR 3.3., and none of the exceptions in CR 3.4., CR 3.6., CR 5.1. and CR 5.2. apply; or

(f) the applicant is removed or deported from the UK; or

(g) the applicant leaves the UK voluntarily having been refused permission to enter, permission to stay or settlement, and any permission held at the time of that voluntary departure has expired, unless CR 4.1(d)(iv) applies.

https://www.gov.uk/guidance/immigration ... -residence

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