ILR (skilled worker) Will exceptional assurance break continurous residence

[Simbaaa]

I'm planning to apply ILR (skilled worker) 5years route. But I have around 50 days under exceptional assurance at the begining of 2021 between my Tier 2/Skilled worker visa, during this period I was in UK.
Will exceptional assurance break my continurous residence?
Thanks

[zimba]

I'm planning to apply ILR (skilled worker) 5years route. But I have around 50 days under exceptional assurance at the begining of 2021 between my Tier 2/Skilled worker visa, during this period I was in UK.
Will exceptional assurance break my continurous residence?
Thanks

Yes as exceptional assurance was not a form of leave. Your qualifying residence starts from the time you were granted a new skilled worker leave to remain

[Simbaaa]

Thank Zimba,
In this case, I've enter UK on Tier 4 visa Sep 2014, will my long residence qualifying period restart after exceptional assuance as well? As I was told that is a lawful period?

[zimba]

Thank Zimba,
In this case, I've enter UK on Tier 4 visa Sep 2014, will my long residence qualifying period restart after exceptional assuance as well? As I was told that is a lawful period?

For now, there is nothing from the home office that suggests the 'exceptional assurance' will be considered lawful residence. Unless this changes, the default view will be that the period of 'exceptional assurance' in which no leave was granted may not count as lawful residence for the purposes of the immigration rules.

[Simbaaa]

Thank you for the information.
I'm still abit confusing, when you say it may not count as lawful residence, does it mean a break of continuous recidence? Or a pause, like I only need to add extra time as I spent on exceptional assurance? Wait extra ~50 days?
Thank you very much for your help. I got a immigration advisor but they acted a bit weird when doing my case (saying it's not a break for my ILR skilled worker route, I can use their document check service, but failed to figure out I need bank statement together with my latest payslip, just asked utility bill), I can't fully trust them.

[zimba]

Exceptional assurance would be treated as a period of overstaying your visa, so I assume it breaks your continuous residence as if you had no valid visa. During this period, UKVI simply did not enforce the law so you could continue to work or study and were not subject to any removal or any other enforcement and had protection, even though you had no visa.

It is possible that UKVI will disregard this period for the purpose of lawful residence BUT so far they have not said this yet.

The government made it clear in a report from 2020 that people had to take all the reasonable steps to renew their visas to the best of their ability:

We expect all those with visas expiring to take all reasonable steps to leave the UK or apply to regularise their stay in the UK. However, if an individual is intending to leave the UK but is unable to they may request additional time to stay, also known as ‘exceptional assurance’, by contacting the coronavirus immigration team.

https://publications.parliament.uk/pa/c ... /90902.htm

[Simbaaa]

Oh OK. Cause the exceptional assurance said "During this time, you will not be regarded as an overstayer or suffer any detriment in any future applications. " I thought it wasn't an overstay. Maybe Home office don’t have a definitive attitude.
Thank you

[CR001]

What prevented you from applying for a visa extension in time??

All through the pandemic, applications were still able to be submitted.

[Simbaaa]

I got an offer with a different institute and preparing my visa application, they suddenly changed mind said they misunderstood and it’s too complex to apply a visa for me. My previous sponsor said they were happy to extend my visa and secondment me to them but they refused. Then I got another job with my previous sponsor but it’s already bit late, it also took a while for them to prepare new contract ( it’s also a secondment) and then cos

[TPTPTPTP]

Thank Zimba,
In this case, I've enter UK on Tier 4 visa Sep 2014, will my long residence qualifying period restart after exceptional assuance as well? As I was told that is a lawful period?

https://www.gov.uk/government/publicati ... r-guidance

Paragraph 39E(5) of the Immigration Rules was amended so that overstaying during periods where the person held an exceptional assurance or short-term assurance will be disregarded and will not break continuous residence. This period however does not count as lawful presence.