Seeking Solicitor Advice on 10-Year Long Residence ILR Eligibility and Evidence

[ranbaskar]

Timeline: Short-term ICT visa start 16-May-2016, first entry 28-May-2016, left 3-Apr-2017. Accident in India 22-Apr-2017 led to surgery/recovery (no work); re-entered 18-Mar-2018 on long-term ICT visa and continuously resided since. FLR granted 22-Jan-2026 to 22-Jul-2028. Employer says 10 years complete May-2026.

Question: Eligible for ILR ~early May 2026 using first entry (28-May-2016) as start? Does ~350-day gap break continuity (medical reasons, valid leave on re-entry)? What evidence proves residence around 2016-2017 (e.g., P60s, employer letters, medical docs)? Absences under 180-day rolling limit.

Previous advice: gap likely OK with evidence if first entry starts clock. Solicitor confirmation needed. TIA!

[zimba]

There are no solicitors here. People on this forum are just unpaid volunteers answering queries.

The 10-year-long residence ILR is NOT about counting just 10 years. Your 10 years must have been both lawful and continuous. It seems you broke your continuous residence as you spent more than 6 months outside the UK. Discretion is very rarely exercised under the long residence. You also do NOT need to provide any proof of employment, residence, etc. under this route.

Note that major changes were made to the immigration rules under this route in 2024.

You need to go and read this post --> Changes to the Long Residence settlement route from 11 April 2024

[ranbaskar]

Dear Sir

As per the below rule, will there be any exception possible on medical grounds. I met with an accident, bedridden and undergo surgery to recover. It took 7-8 months in 2017. I have discharge summary, medical records, employment leave approval etc. I got my FLR done on 22-Jan-26 valid till 22-Jul-28. I am planning to apply for my ILR in May-2026 as I complete 10 years from May-2016. Thank you for your help!!

•If the period/window of absence started before 11 April 2024, then the old rules apply (as per the transitional arrangements). So no single continuous absence period of more than 184 days or more. Also, your absences should not be more than 548 days in total.

• For any period/window of absence started after 11 April 2024, the 184 day rolling calculation applies. So you count the number of days you have been absent in ANY 365 day period and they should not exceed 184 days in total. There is no 548 days limit.

[zimba]

Any discretion is up to the UKVI. I cannot tell you whether they will accept it or not