CR 4.2 clarification for valid gap

[grkamath]

Hi All,

May I know if I would be eligible for ILR under 10year long residence route with given below information

1. Entered UK on Nov 7, 2015 - T2 ICT Short Term Visa
2. Left UK on Oct 15, 2016
3. Re-entered UK on April 1, 2017 - T2 ICT Long Term Visa
4. Switched to Skilled worker route on Aug, 2021
5. From April 2017 - I have been resident all along without being outside UK for more than 60days in any year

Given above information will I be eligible under 10year route? My concern is the period between Oct 15, 2016 - April 1, 2017 where I had relocated back to India for 5.5months and I did not held any valid UK visa during that time.

[zimba]

Under long residence, if you left the UK with a valid visa and returned within 6 months the lawful residence was always maintained. This was preserved even after the recent rule changes.

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

[grkamath]

Thank you Zimba for the quick reply.

One more follow up question,

My UK entry date is Nov 7, 2015 and my visa stamp date is Oct 22, 2015. Which one to consider for making application? I believe earliest is 28days before completion of 10years?

[zimba]

Depends on the date of ILR.

Lawful and continuous residence changes to Long Residence route from 11 April 2024

Applicants can benefit from the date of the ILR decision

[grkamath]

Hi All,

While preparing my ILR application I realised I have a gap in my continuous residence (about 167days). I had been to my home country before my Visa expiry and returned UK with New visa (between Oct 16 - April 17). I understand it will not break my continuous residence under CR 4.1(d)(iii) but reading appendix further on there is a clause CR 4.2 which states when 4.1(d)(iii) applied period without leave will not be considered for qualifying period calculation. Does that mean I need to spend 10yr + 158days to be eligible for ILR?

[zimba]

Paragraph CR 4.2 is talking about continuous residence in the UK. The permission mentioned under paragraph CR 4.2 refers to permission 'while being in the UK'. You are not required to have a valid permission when you were outside the UK and therefore CR 4.2 is not relevant in that context. Instead, that will be relevant under the context of acceptable absence from the UK. Just leaving with a valid permission and returning with a valid permission maintains your continuous residence, as long as your absence from the UK is within the acceptable limits imposed.

[grkamath]

Thank you Zimba for your explanation. I was wondering how one can apply 4.2 on 4.1(d)(iii) after reading through many cases I understood that it was to address exceptional assurance scenario where home office do not treat a candidate as overstayer and leaving country during that time will be treated as left with valid visa provided they had valid visa immediately before exceptional assurance period or their visa expired during that period. So the time spent in UK without visa will not be included in qualifying period. Your answer reasurred that my understanding was correct. Million thanks for supporting all the forum with your valuable advice

[zimba]

Your residence must have been continuous and lawful, unless the rules disregard any of such periods explicitly.

The long residence rules changed in 2024 to ensure that people who had periods without any valid leave in the UK (e.g. exceptional assurance or when protections like paragraph 39E apply) do not end up with broken continuous residence. However, such periods spent in the UK are no longer viewed as lawful residence in the UK, and so they are excluded from the calculation.

The logic is that staying without valid leave in the UK is an unlawful act but having no visa while outside the UK is not an issue, so as long it was within the absence limits.