ILR 10-Year Long Residence – Potential Break Between ICT Visas?

[S261613]

Hello everyone,

I am currently on an ICT visa set to expire on April 4, 2025. I first entered the UK on May 15, 2015, and my wife and son have been with me throughout this period. I have only spent 147 days outside the UK in total.

I am working full-time, but I am uncertain whether my visa will be renewed after April 4, 2025.

By that time, I will be just 41 days short of the 10-year continuous residence requirement needed to apply for ILR (Indefinite Leave to Remain).

Could you please advise on my options for applying for ILR or suggest other visa types I might consider?

Thank you very much for your help!

[Teksman]

Assuming the current rules do not change by April 2025, you should apply for the ILR just before your visa expires but book biometrics for a date in May 2025. You should granted the ILR as long as your application is considered on any date that is 28 days or less before 15 May 2025.

[zimba]

How to apply early and benefit from the date of the ILR decision ?

[S261613]

Timeline:
First Visa Issue Date: 10 March 2015
First UK Entry Date: 16 May 2015
Current Visa Expiry Date: 04 April 2025

At the end of my current visa expiry —
1) If I use the first visa issue date, I’m eligible for ILR.
2) If I use the first UK entry date, I’m 41 days short.

What are my options in this situation? Would it be possible to apply using the first visa issue date, or are there specific guidelines to address this gap?

Any advice or recommendations would be greatly appreciated.

[CR001]

Topics merged!

You have already been given advice for the same question you asked in June!!

[S261613]

ShortTerm ICT (1yr VISA): 10-Mar-2015 to 09-Mar-2016
(Left to India for 50days to get VISA renewal)
Long term ICT (5yrs VISA): 04-Apr-2016 to 20-Apr-2021
(Did not leave UK)
LongTerm ICT (4yrs VISA): 17-May-2021 to 04-Apr-2025

Is my initial short term visa period counted towards 10yr route ILR application please?

[S261613]

Hi everyone,

I’m looking for advice on my ILR eligibility under the 10-year Long Residence route. My solicitor has raised concerns about a potential break in continuous residence between my first and second ICT visas, and I’d appreciate insights from those with similar experiences.

Here’s my timeline:

First ICT Visa (Short-Term, 1 year): 10-Mar-2015 to 09-Mar-2016
UK Frist Entry : 16-May-2015
Left the UK: 06-Mar-2016
Applied for a new 5yr ICT visa while outside the UK: 16-Mar-2016

Second ICT Visa (5 years, New ICT): 04-Apr-2016 to 20-Apr-2021

Returned to the UK: 25-Apr-2016
Third ICT Visa (Long-Term, 4 years): 17-May-2021 to 04-Apr-2025

Concern:
My solicitor suggests that the gap between my first visa expiry (09-Mar-2016) and my second application date (16-Mar-2016) might have broken my continuous residence, meaning I may need to wait until May 2026 instead of applying in May 2025 (when I complete 10 years from my first entry in May2015).

Key Points:
I applied for my second visa (16-Mar-2016) within days of my first visa expiring.
I returned to the UK as soon as my new visa was approved (within ~6 weeks).
Does this short gap (March–April 2016) count as a break in residence?

Has anyone successfully applied for ILR in a similar situation? Would the Home Office count this as a break, or could I still qualify under continuous residence?

Any advice or experiences would be greatly appreciated. Thanks in advance!

-Sam

[zimba]

Time spent under short-term ICT route counts.

Your solicitor is wrong. You left the UK with a valid visa and returned within 6 months. The continuous residence is maintained:

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