Clarity needed with continuous residency criteria

[A-abhi]

Hello everyone,

This is Abi. I've been in the UK since September 2014 and would like to apply for my ILR soon. I came here in 2014 for my PhD programme and had to be away from the UK for almost 7 months in late 2016 and another 5 months in early 2017 for data collection related to my PhD research.

Could you please advise if these absences would affect my application for the 10-year ILR route? I had a valid visa when I left and returned to the UK, and the absences were authorised by my university for the purpose of data collection.

If anyone has been in a similar situation, any advice on how to proceed with my ILR application would be greatly appreciated. Thank you.

[zimba]

If you had a single period of absence that was more than 184 days, then your lawful continuous residence is broken

[A-abhi]

Hello everyone:

Since September 2021, I've been on a Skilled Worker Visa (SWV) with a 3-year fixed-term contract, set to expire on 31st August 2024. I understand that remaining on the SWV for an additional 2 years could make me eligible to apply for ILR in September 2026. However, I have not secured a new academic position in the UK recently, as the academic job market in my field was frozen from January to July this year.

In the meantime, I have received an offer to serve as a Visiting Lecturer at a UK university starting on 17th September, and they issued me a Permitted Paid Engagement (PPE) letter on 29th August under the standard visitor visa route. I applied for the visa on 30th August (today) but am concerned it may not arrive in time, preventing me from teaching on 17th September. If the visa arrives after the 17th of September, I will choose not to enter the UK as the course may be assigned to another academic anyway.

The academic job market has shown some improvement since August, and I am currently interviewing with a university, with the process going well. If successful, I would be expected to start by mid-November this year. My main concern is: if I don't enter the UK on the standard visitor - PPE visa, even if I am granted the visa, will this break my continuous residency? Moreover, if I apply for a new SWV in September for the job starting in November, will my continuous residence be still considered broken, thus affecting my eligibility to apply for ILR in September 2026, based on five years on the SWV since September 2021? Any guidance on this matter would be greatly appreciated.

[zimba]

The 5-year under the skilled worker ILR continuous residence is ONLY maintained if you apply to extend before visa expiry or apply for a new skilled worker visa from outside the UK within 14 days of the previous one expiring. Getting a visitor visa will break the continuous residence. As per your previous query, your continuous residence seems to have already been broken due to excessive absences.

For the long residence ILR route, as long as you leave the UK with a valid visa and return in less than 6 months with a new visa, your continuous residency is maintained. However, periods under a visitor visa will also break that continuous residence.

[A-abhi]

Thank you for your reply. I greatly appreciate that.

Could you please clarify on these two questions:

1. If I don't see the PPE visa arriving at least until the 10th of September, the University will arrange for another academic to handle my course. In this case, I will just choose not to enter the UK despite receiving the visa. "if I don't enter the UK on the standard visitor - PPE visa, even if I am granted the visa, will this break my continuous residency - only because I submitted for a PPE visa and was granted?

2. Replying to your comment - "For the 5-year ILR route, as long as you leave the UK with a valid visa and return in less than 6 months with a new visa, your continuous residency is maintained. However, periods under a visitor visa will also break that continuous residence": I left the UK when I had a valid SWV visa. My visa expires on the 14th of September and I believe I will be able to submit a new SWV only early to mid-Oct to be able to arrive in November. It is going to be highly unlikely to be able to submit a new SWV within 14 days from the 14th of Sept. However, if I apply in Oct, and arrive in November (which is within the 6 months limit) am I safe here? Please advise. Thanks.

[zimba]

1. The visitor visa can render your current skilled worker visa cancelled. So yes this can have an adverse effect on your continuous residence

2. You can apply for a new skilled worker entry clearance within 14 days of your visa expiring (or your status changing)