I am seeking clarification regarding eligibility for ILR under the 10-year long residence rule, given a gap in lawful residence due visa extension for short term ICT visa to long term ICT Visa.
My wife entered the UK on December 2, 2015, on an ICT Short Term Skilled Worker visa, with her BRP valid until October 20, 2016. She returned to India on October 9, 2016. A new Certificate of Sponsorship (CoS) was issued on November 24, 2016, valid until February 25, 2017.
Her visa application was submitted on January 6, 2017. The application was processed under the priority service, and her visa was issued with validity starting from January 13, 2017. She returned to the UK on January 20, 2017.
Could you kindly advise if the gap between her BRP expiry on October 20, 2016, and the issuance of her new visa on January 13, 2017, could be considered a break in continuous lawful residence? Is she still eligible to apply for ILR under the 10-year long residence route in Dec 2025 - this month?
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