Continuous residence for SET(LR) - 10 years

[thani]

Hi Team,
Hope you are well.

Just to give background, I came to UK in March 2015 in the ICT visa and later changed to Skill worker dependent in 2021. I will be eligible for ILR in March 2025 through 10 years route. My wife switched to Skilled worker visa in Nov 2019 and she will be eligible for ILR in Dec 2024 through 5 years.

We have two sons, younger one born in UK last year. I understand, he will be eligible for ILR/Citizenship when we apply for ILR. My elder son is born in India in 2016 (7 years old) and he travel between UK and India with his grand parents. He is continuous resident in UK only from Oct 2021.

Q1: Can I and my wife apply ILR parallelly through 10 and 5 years routes? Should i apply ILR first through 10 years route and apply later for her (and kids) as she is the main applicant now?

Q2: Is my elder son eligible for ILR in 2025 (as I and my wife would be eligible for ILR in 2025)? Should he need to wait for five years to get his ILR? will his visa clock get reset if we switch ILR?

[zimba]

Q1. You will apply under your own separate routes, so you can apply whenever eligible.
Q2. Your non-UK-born child can settle when you both settle

[thani]

Hi All,
I have a question regarding the continuous residence criteria for the SET (LR) 10 years route. Could you please assist me with the following details?
1. I arrived in the UK on 08 March 2015 on a short-term ICT Visa, which was valid for one year. When my short-term visa expired on 24 February 2016, I returned to India on 21 February 2016.
2. I then processed my long-term ICT Visa from India and returned to the UK on 03 April 2016, resulting in a 41-day absence from my previous departure on 21 February 2016.
3. On 13 October 2020, I switched from an ICT Visa to a Spouse Dependant (Skilled Worker Dependant) Visa, which has been extended until 18 September 2025.

Given that I renewed my ICT Visa outside the UK, here are the relevant timelines:
Previous visa expiry: 24/02/2016
Application submission: 21/03/2016 (26 days after previous expiry)
Biometric appointment: 23/03/2016 (28 days after previous expiry)
Visa granted: 25/03/2016 (30 days after previous expiry)
Returned to the UK: 03/04/2016

According to the continuous residence guidelines (Nov 2024), under the section "Applications from outside the UK," it states, "The applicant made a successful application for permission within 28 days of their previous permission expiring."
https://assets.publishing.service.gov.u ... ce__1_.pdf (page number 27 and 28)

Based on the above timelines, am I eligible for ILR in March 2025? Does the successful application refer to the application submission date, biometric appointment date, or visa granted date?

Thanks,
Thani

[zimba]

That bit is not relevant to you as it is only relevant for people who left the UK without a valid leave.
If you left the UK with a valid visa and returned within 6 months, the continuous residence is maintained under the long residence

• under Appendix Long Residence, where the applicant had permission when
they left the UK, and returned to the UK with valid permission in the same or
another route, provided the applicant was not absent for more than 184 days
where the absence started before 11 April 2024, or 180 days for absences
which started on or after 11 April 2024, continuous residence is not broken

[thani]

Thank you, Zimba, for your response.

I would like to seek further clarification regarding my query. The statement you mentioned in your reply applies to applications for permission made on or after November 24, 2016. Since my visa was renewed in March 2016, would it be applicable to my case? I apologize for asking again, but I am quite concerned about this application.

[zimba]

Yes. The position on this before the recent rules changes, are still preserved

Paragraph CR 4.1.(d)(iii) also preserves the 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.

https://www.gov.uk/government/publicati ... accessible

[thani]

Great, Thank you Zimba!!!!