ILR 10-Year Long Residence

[Nbhg1123]

Hi Zimba,
Could you please help clarify my eligibility for 10-year Long Residence ILR based on the following timeline?


Short Term ICT Visa

Approved: 04-07-2016
Entered UK: 23-07-2016
Left UK: 26-01-2017

ICT Long Term Visa

Approved: 23-06-2017
Re-entered UK: 09-07-2017
Gap between UK stays: 164 days

Switched to Skilled Worker Visa: June 2022

Currently in the UK with valid leave

I left and re-entered the UK with valid permission, and the gap between stays was 164 days. Based on this, would my continuous residence be preserved for the 10-year ILR route?
If so, can I apply from 06-06-2026, which is 28 days before the 10-year anniversary of my initial visa grant date (04-07-2016)?
Thanks so much for your help!

[zimba]

There is no issue with that gap.

Read item 3 here: Lawful and continuous residence changes to Long Residence route from 11 April 2024

It is totally fine to apply on 06-06-2026, however note that the date of application has nothing to do with the 28-day concession.

Read: All you need to know about applying early, the application date, 28-day concession and more

[Nbhg1123]

There is no issue with that gap.

Read item 3 here: Lawful and continuous residence changes to Long Residence route from 11 April 2024

It is totally fine to apply on 06-06-2026, however note that the date of application has nothing to do with the 28-day concession.

Read: All you need to know about applying early, the application date, 28-day concession and more

1)i was referring Data of approval as 04-07-2016 not the date of application and if i apply on 06-0-2026 via Super priority hope date of decision of ilr is on Par with requirement .

2)Additional Question : One piece of advice received from Solicitor is that ICT short-term visas cannot be used toward the 10-year Indefinite Leave to Remain (ILR) route, and only long-term ICT visas are eligible. Is there any official guidance from UKVI that confirms this? or other wise

[zimba]

1. The date of initial approval is irrelevant, as the qualifying period is counted backwards from the date of ILR decision. The date of initial visa approval only allows you to figure out when is the earliest you could qualify for ILR, so that you can aim for that date to be on or after your date of ILR decision. That is the point I was making

2. That is incorrect. Many saw the phrase 'short term' somewhere and then made up claims like that the short term visas will not count. However, as per the immigration rules only time spent in the UK, as a visitor, short-term student, seasonal worker or the Ukraine Scheme is excluded.

Do not take advice from people who did not even read the official guides: https://assets.publishing.service.gov.u ... idence.pdf