10 YEARS LONG RESIDENCY 2 weeks short?

[perryW]

Hello, here is my time line:

-I arrived in the UK on the 2nd of June 2014 on a visitors visa. Left on 30th of June 2014.
-Re-entered in the UK on tier 4, on 20th September 2014, until now (studied 2 degrees, no visa gap).

Now I have been offered a job until 20th may 2024,

1, can I make an early application for long residency if the BRP expires before the 10 years rule (20th may 2024 Vs 2nd June 2024, so 12 days short)?

2, Is my visitor visa going work in long residence route? I saw a few posts online saying that UKVI advice people that if your first entry is on visitor visa it won't count towards 10 years, but some people say it's fine? What about in my situation? I am so confused.

Thanks very much.

[zimba]

1. Yes. It only matters that you are eligible on the day of ILR decision
2. All visas count

[perryW]

1. Yes. It only matters that you are eligible on the day of ILR decision
2. All visas count

Thanks very much Zimba, my current visa will end on 23rd May 2021, my current CoS start date will be 20th May 2021.

What if I ask my employer to change the CoS start date to 2nd June 2021 to make time for me? Will that break the law? My concern is that it wiil create a 12 days gap between my current visa and my next visa. Will that be the case? Is it a good idea to do that?

[perryW]

Forgot to add that I will of course submit the application before my current visa ends

[perryW]

Can anyone also clarify if the INITIAL ENTRY on visitor visa is included in 10 year ILR route?

[vinny]

Yes.

[zimba]

1. Yes. It only matters that you are eligible on the day of ILR decision
2. All visas count

Thanks very much Zimba, my current visa will end on 23rd May 2021, my current CoS start date will be 20th May 2021.

What if I ask my employer to change the CoS start date to 2nd June 2021 to make time for me? Will that break the law? My concern is that it wiil create a 12 days gap between my current visa and my next visa. Will that be the case? Is it a good idea to do that?

The long residence is based on lawful residence. If you apply before visa expiry, your lawful residence continues under section 3C. Your visa and its conditions will be extended automatically until a decision is made. Your employer does not need to do anything

[perryW]

1. Yes. It only matters that you are eligible on the day of ILR decision
2. All visas count

Thanks very much Zimba, my current visa will end on 23rd May 2021, my current CoS start date will be 20th May 2021.

What if I ask my employer to change the CoS start date to 2nd June 2021 to make time for me? Will that break the law? My concern is that it wiil create a 12 days gap between my current visa and my next visa. Will that be the case? Is it a good idea to do that?

The long residence is based on lawful residence. If you apply before visa expiry, your lawful residence continues under section 3C. Your visa and its conditions will be extended automatically until a decision is made. Your employer does not need to do anything

Thanks again Zimba, my employer is happy to change the CoS start date to 2nd June 2021 to buy time for me, I was just worried that the period between that and my current visa expiry date (23rd May 2021 to 2nd June 2021, 12 days), will this deemed to be a gap when I apply for ILR in June 2024?

[perryW]

Although my employer is willing to do that, can it actually be done? (as to changing the end date of cos)? I have already started to work for them and it's the same employer would that affect anything?

[perryW]

Yes.

Thanks a lot for your answer vinny, I spoke to UKVI advice line about the same question (if the INITIAL ENTRY on visitor visa is included in 10 year ILR route) and they said no? Why is that...I am so confused

[perryW]

for anyone who is curious, I spoke to UKVI about my initial visa being a visitor for ILR, and they immediately told me it won't count for long residence, has there been a recent change to the law? I really don't understand why they said no

[CR001]

The call centre is an outsourced third party agent. You are not speaking to a ukvi agent at all.

Visitor visa have always been included and many have applied successfully for ilr.

You are overthinking. All legal visas count.

[zimba]

Thanks again Zimba, my employer is happy to change the CoS start date to 2nd June 2021 to buy time for me, I was just worried that the period between that and my current visa expiry date (23rd May 2021 to 2nd June 2021, 12 days), will this deemed to be a gap when I apply for ILR in June 2024?

Your CoS date is irrelevant. Section 3C extends your visa automatically and regardless of a new CoS. You could in fact terminate your employment now and you still will remain a lawful resident after your visa expiry (assuming you apply for ILR before visa expiry). The long residence rules do not care about your CoS. As I said it is based on lawful residence

Also, there is no official UKVI immigration helpline. It is an outsourced line to a third party dishing out rubbish in most cases. All advice given must be dismissed as it is often incorrect as per rules ALL visas count including visit visa whether it was an initial entry or not