Immigrationboards.com

Dear Team,

I have been following up this forum for various topics and already built up my knowledge to a good extent. However there is one query for my own case, that I couldn't figure out and thought to seek assistance. Following is my situation:

• Continuous legal residence in UK for 9+ years and few months left for 10 year completion

• 5 Years ICT completed and soon after 4 years ongoing on Skilled worker route

• Traveled to many countries on tourist visa in past 9+ years but never stayed more than few days

• Have active temporary residence permit of another country

Essentially, all conditions of 10 year ILR application submission is fulfilled but this active residence permit of a third country (Non UK, and not origin country) is giving me headache:

1) if UK home office will ask me in the ILR application to divulge details of residence permit in other country?
2) if having active residence permit of third country will adversely affect my ILR application in next few months?

Considering these queries were not leaving my head, thought to post it here. Any help or guidance in this regard is appreciated.

Thanks,
User

This has NO relevance to the ILR in the UK. Do not assume random stuff

Dear Team,

Posting a question regarding "Qualifying Period" here, that might have been referred earlier but couldn't find the relevant topic. Kindly take a look whenever it's possible.

Scenario:
10 year continuous residence is going to be completed soon with various visas (Tier 2 ICT ST => Tier 2 ICT LT => Skilled Worker visa), however there was 2 month gap between conversion of ST to LT visa (as it can only be filed from home country, rather than switching here in the UK)

Earlier Reference from the forum
Point number 3 in the following link states - "Note that transitional arrangements preserve the position that if you left the UK with a valid visa and returned within 6 months the lawful residence was always maintained. This position was preserved even after the recent rule changes"

viewtopic.php?t=336067#p2171106

Reference from Appendix Long Residence Guidance

CR 4.2. Where CR 4.1(d)(i) to (iv) applies, any period of time where the applicant did not have permission will not be included in any calculation of the qualifying period in CR 1.1. (And actually CR 4.1(d)(iii) applies here)

Question:
Although continuous residence is maintained when exiting UK (with valid permission) and filing a new visa application from home country and re-entering UK within 2 months, however it might not have been lawful and hence 2 months need to be added towards the end of 10 year (from first UK entry date) to cover this 2 months gap (under long residence route). Is this understanding correct, or something I missed?

Thanks

No. Incorrect

Paragraph CR 4.2 is talking about continuous residence inside the UK. The permission mentioned under paragraph CR 4.2 refers to permission 'while being in the UK'. You are not required to have a valid permission when you were outside the UK and therefore CR 4.2 is not relevant in that context. Instead, that will be relevant under the context of acceptable absence from the UK. Just leaving with a valid permission and returning with a valid permission maintains your continuous residence, as long as your absence from the UK is within the acceptable limits imposed.

The logic is that staying without valid leave in the UK is an unlawful act but having no visa while outside the UK is not an issue (just an absence), so as long the total absences were within the absence limits.

Thanks Zimba, it makes sense.

Everyone will be surprised to know that I argued this with combination of AI tools available at our disposal, but all of them denoted towards the addition of gap period towards the end of 10 years. But after Zimba's response, found below in the CR section:

Where the continuous residence requirement is specified within the relevant Immigration Rules, it will be satisfied where applicants have been resident in the UK for the qualifying period required by their route with permission

Essentially, UK first entry date is 12-Jun-2016 so the ILR eligibility date should come out to be 15-May-2026 but AI was sharing some date in Jul'26 based on the "Qualifying period" gap. Anyways, immigration rules are changing so LR route will be gone by then.

Do not use AI for advice. Most of it is either inaccurate or wrong

Dear Team,

I have got one more query which I wasn't able to locate in the list of topics. My query is regarding the 12 months to be on the same immigration route before filing ILR under Long Residence. Kindly help when you can.

I would be completing 10 years continuous and lawful residence in the UK in next couple of months, and currently on SW visa for around 5 years, with the last visa grant in 2023. For some reason, I was planning to get SW extension first and then immediately afterwards file for ILR under long residence route, but came upon following clause:

LR 11.3 - "The applicant must also have been on their current immigration route for at least 12 months on the date of application or have been exempt from immigration control within the 12 months immediately before the date of application. The period of permission does not need to have been for 12 months or longer, as long as the person has been on the same route for at least 12 months. This requirement does not apply where the applicant’s current permission was granted before 11 April 2024"

The above is no longer an issue, as I plan to file for SW extension only, and currently on SW. However LR 11.4 states something interesting:

This requirement [the 12-month rule] does not apply where the applicant’s current permission was granted before 11 April 2024

Question - Although I would be eligible for ILR under 10 year route in next couple of months, if I apply for extension on my current route, then my ILR date will eventually move by 1 year considering the 12 months rule?

Thanks

Found this post in my list just now - viewtopic.php?t=354843

Folks, I have been using this forum for quite some time for various visa applications. Thanks for all of your amazing inputs. Now I am planning to submit ILR application via SET(LR) form in 2 weeks time and hoping if someone can double check the ILR eligbility date.

Based on my visa-dates, the ILR eligibility date (under - SET LR) comes out to be 11 May 2026 [First BRP Issue Date + 10 years - 28 Days], considering the following:
• First BRP issue date is fine to consider this ILR clock start date, rather than UK entry date [gap between BRP issue date and UK entry date is counted under allowed absences and maintains continuous and lawful residence]
• The 50 days gap between visa conversion from T2 ICT ST to T2 ICT LT at home country will be counted under allowed absences while maintaining Continuous and Lawful Residence
• LR 11.3 (needing someone to be on the visa for atleast 12 months) is not applicable here, as the current visa is an extension of the same visa category - skilled worker first received in 2021.

Hope the above is correct?

Relevant Visa Dates:
• First Visa Approval Date (Tier 2 ICT Short Term) – 08 Jun 2016
• First BRP Visa Issue Date (Tier 2 ICT Short Term) – 08 Jun 2016
• First Date of Entry to the UK (Tier 2 ICT Short Term) – 12 Jun 2016
• UK Exit date (Tier 2 ICT Short Term) – 03 Jun 2017
• UK Re-entry date (Tier 2 ICT Long Term) - 23 Jul 2017
• UK In-Country Visa Switch (Skilled Worker Visa) BRP Issue Date - 17 Jul 2021
• UK In-Country SW Extension Approval - 25 Apr 2026
• UK Visa Expiry Date (Skilled Worker Visa) - 20 Jul 2029

Thanks.

Looks good to me

Thanks Zimba. Will file the application.

jester360 wrote: ↑

Sun Apr 26, 2026 10:21 pm

Thanks Zimba. Will file the application.

Hi jester260, just wanted to check if you filed the application and successfully got your decision. I am in the similar situation and just wanted to check. Thank you