5 Year route ILR-Excuses for the brief periods without the visa

[wannama]

Hello Folks,

I wonder whether I need to explain these circumstance in a letter for the ILR application.

2017 Oct-2020 Dec- Tier 2
2020 Nov-2021 March - Global talent Application Stage 1 (just application)
2021 April - Skilled worker Visa
2023 Feb - company lay off
2023 Sep - Skilled worker visa application
2023 Oct - Curtailement Letter
2023 Oct - Skilled worker Visa

In 2023 Feb I was about to apply before the layoff as I was just over 5 years.

So around 7 months I was without a job, looking for a Job visa andI was about to make an application if needed if I get a letter. Should these needs to be mentioned.

Thanks in advance.

[meself2]

2017 Oct-2020 Dec- Tier 2
2020 Nov-2021 March - Global talent Application Stage 1 (just application)
2021 April - Skilled worker Visa

So what were you doing between December 2020 and April 2021? Did you have a valid visa?

[wannama]

2017 Oct-2020 Dec- Tier 2
2020 Nov-2021 March - Global talent Application Stage 1 (just application)
2021 April - Skilled worker Visa

So what were you doing between December 2020 and April 2021? Did you have a valid visa?

Ongoing Global Talent Visa Application (stage 1) + Covid Exceptional Assurance

[zimba]

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 in 2021, so you only can get ILR in 2026

indefinite-leave-to-remain/ilr-skilled- ... l#p2140390

[wannama]

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 in 2021, so you only can get ILR in 2026

indefinite-leave-to-remain/ilr-skilled- ... l#p2140390

Hi Zimba,
Thanks for the reply.
I had a ongoing visa application (Tier 4- March ) which was submitted during the Covid exceptional assurance (from February to March 40 days), but was withdrawn (April) before any decision was made as I received a skilled worker offer.
Should these circumstances needs to be commnicated ?

[zimba]

The dates suggest you had an ongoing Global Talent visa application. What happened to that ? Did you apply for that in Nov 2020 before visa expiry ?

[CR001]

The dates suggest you had an ongoing Global Talent visa application. What happened to that ? Did you apply for that in Nov 2020 before visa expiry ?

Stage 1 endorsement, not a stage 2 visa application.

[zimba]

The dates suggest you had an ongoing Global Talent visa application. What happened to that ? Did you apply for that in Nov 2020 before visa expiry ?

Stage 1 endorsement, not a stage 2 visa application.

Thanks, noted. So my assumption is correct that the OP had no lawful residence between Dec 2020 and April 2021

[zimba]

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 in 2021, so you only can get ILR in 2026

indefinite-leave-to-remain/ilr-skilled- ... l#p2140390

Hi Zimba,
Thanks for the reply.
I had a ongoing visa application (Tier 4- March ) which was submitted during the Covid exceptional assurance (from February to March 40 days), but was withdrawn (April) before any decision was made as I received a skilled worker offer.
Should these circumstances needs to be commnicated ?

This does not change anything. You had no lawful residence until your skilled worker visa was issued in April 2021, that is when the qualifying period for ILR can be counted from.

[wannama]

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 in 2021, so you only can get ILR in 2026

indefinite-leave-to-remain/ilr-skilled- ... l#p2140390

Hi Zimba,
Thanks for the reply.
I had a ongoing visa application (Tier 4- March ) which was submitted during the Covid exceptional assurance (from February to March 40 days), but was withdrawn (April) before any decision was made as I received a skilled worker offer.
Should these circumstances needs to be commnicated ?

This does not change anything. You had no lawful residence until your skilled worker visa was issued in April 2021, that is when the qualifying period for ILR can be counted from.

Hi all,

Thanks..
Apologies I just double checked. Both applications had been made at once (stage 1 and stage 2)-payments has . Yes application has been submitted in Nov, before the expiry of previous visa.

[zimba]

If you put in a stage 2 application before visa expiry, then why did you apply for exceptional assurance? What happened to your stage 2 application? You need to provide clear details

[wannama]

If you put in a stage 2 application before visa expiry, then why did you apply for exceptional assurance? What happened to your stage 2 application? You need to provide clear details

I kept asking for the status of the Stage 2 and didnt get a reply, then I thought its better to get an assurance as it was availble (it was a national lockdown period) just incase if stage2 has been dismissed due to the endorsement failure. Didnt receive any notification from stage 2. Then I even made an appllication for a Tier 4 and withdrew the application as I got an offer. Further biometrics for this application were not been able to submit as next available slot was months away. I requested a day for this but didnt bet a reply.
Should I explain these all circumstances in bullet points in a letter to avoid any confusion.

thanks in advance

[zimba]

It is not about explaining. It is about the process. Again, if you did not have lawful residence then your explanation is irrelevant. The immigration system has very specific procedures to follow. A stage 2 application is a visa application, so you need to find out what happened to it and whether you had section 3C or not.

I'd suggest an SAR to be sure: https://www.gov.uk/government/publicati ... mmigration

[wannama]

It is not about explaining. It is about the process. Again, if you did not have lawful residence then your explanation is irrelevant. The immigration system has very specific procedures to follow. A stage 2 application is a visa application, so you need to find out what happened to it and whether you had section 3C or not.

I'd suggest an SAR to be sure: https://www.gov.uk/government/publicati ... mmigration

Thank you very much.
I will look into that.
Thanks again!! Highly appreciated.

[zimba]

UPDATE
Exceptional assurance will be disregarded under paragraph 39E.

After paragraph 39E(4), insert:
“(5) the period of overstaying:
(a) is between 1 September 2020 and 28 February 2023; and
(b) is covered by an exceptional assurance.
39F. For the purpose of paragraph 39E(5), “exceptional assurance” means a
written notice given to a person by the Home Office stating that they would
not be considered an overstayer for the period specified in the notice.”

https://assets.publishing.service.gov.u ... sible_.pdf