eligibilty for 10 year ILR Long residence

[aq21666]

Dear all,
My UK Immigration History
I first entered the United Kingdom on 5th September 2014 on a Student Visa. After completing my studies, I was granted a Graduate Entrepreneur Visa on 3rd February 2016, which had a validity period of 2 years.
In March 2018, I applied for a Tier 1 Entrepreneur Visa. Unfortunately, this application was refused on 13th April 2018 due to insufficient documents. I applied for an administrative review within 14 days of the refusal, but this was also refused on 23rd May 2018. However, I submitted a fresh Tier 1 Entrepreneur application with proper documentation within 14 days of the administrative review refusal, and I was successfully granted the visa on 7th May 2019. This visa was valid until 5th May 2022.
Before my first Tier 1 Entrepreneur visa expired, I applied for an extension, which was granted on 10th August 2022. This extension was valid until 10th August 2024. I left the United Kingdom on 9th August 2024, one day before my Tier 1 Entrepreneur visa expired on 10th August 2024.
I re-entered the United Kingdom on 22nd December 2024 on a Student Visa, which is valid until 20th May 2026.
Regarding my absences from the UK: Starting from 2nd April 2016, I have not been outside the United Kingdom for more than 548 days in total during the 10-year period, nor have I been absent for more than 180 days in any single 12-month period.

My question are

1. Am I eligible to apply for ILR under the 10-year long residence route?
If eligible, when can I submit my ILR application? Can I apply in April 2026 (calculating 10 years from 2nd April 2016), or does my period of continuous residence restart from 22nd December 2024 when I re-entered the UK?

2.Regarding the period from March 2018 to 7th May 2019: During this time, I had a pending Tier 1 Entrepreneur application which was refused on 13th April 2018, followed by an administrative review (refused 23rd May 2018), and then a fresh application submitted within 14 days (granted 7th May 2019). Does Paragraph 39E of the Immigration Rules apply to my case? Specifically:

Does this period count as continuous lawful residence?
Am I considered to have been an overstayer during any part of this period?
Did I have Section 3C leave throughout the period while my applications and administrative review were pending?

Kind regards

[zimba]

It does not look that you qualify

First read --> Changes to the Long Residence settlement route from 11 April 2024

Regarding paragraph 39E --> viewtopic.php?t=281021&start=125#p2154234

[aq21666]

Hi Zimba

Thanks, I have read the link. I think I still qualify to apply on or after 2 Apr 2026. By then, I would have met the absence criterion of 548 days and no absence of more than 184 days continuous or in a year.

When I exited the UK on 9 August 2024 on a lawful visa (entrepreneur visa) and re-entered the UK on 22 December 2024 with a valid visa as a student (valid for more than 12 months), I did not exceed the 184-day absence rule. My current visa expires in May 2026. I think it will still be valid as continous stay.

Moreover, I can still apply for a post-study visa, as I have never applied for it earlier, to cover any period that you think I may be lacking.

Please could you clarify a bit more in detail why you think I may not be eligible?

[zimba]

What was your immigration status between 23rd May 2018 and 7th May 2019, as you cannot rely on a historic 10-year qualifying period ??

[aq21666]

During that period I was in the UK and waiting for the decision for my application, for which the decision was visa granted.

Can I count my 10 years (and 548 days absence) from 2 Apr 2016 to 2 Apr 2026, or 2 Apr 2015 to 2 Apr 2026?

[zimba]

During that period I was in the UK and waiting for the decision for my application, for which the decision was visa granted.

Can I count my 10 years (and 548 days absence) from 2 Apr 2016 to 2 Apr 2026, or 2 Apr 2015 to 2 Apr 2026?

Being in the UK is irrelevant. Please read the advice given again

[aq21666]

Hi Zimba,

Thanks, I have read it again and this is what I have understood that according to Section 3C para 39E, between 23rd May 2018 and 7th May 2019, the period will be counted as continuous stay however, this will not be counted towards the period of 10y.
This is what I understood, please could you clarify, where is the issue and if I am eligible next year and not this year?

When according to you I am eligible to apply ILR via 10y route please?

[zimba]

No it won't. Time spent under paragraph 39E (excluded) is NOT time spent under section 3C (lawful and included).

[aq21666]

Thank you so much for your previous guidance. I just wanted to clarify my situation again to better understand when I may become eligible to apply for Indefinite Leave to Remain under the 10-year long residence route.
I entered the UK in September 2014 and, during the past 10 years, I have not been outside the UK for more than 548 days in total, nor more than 184 days continuously.
During this period, I received a visa refusal and subsequently applied for an Administrative Review within 14 days. Following the rejection of the review, I applied fresh application within 14 days, and the same visa was granted. All my applications were submitted within 14 days of the previous decision.
I understand that during the period when I was awaiting a decision, I may technically have been considered an overstayer. However, as per Paragraph 39E of the Immigration Rules, this should not break my continuous residence.
I currently have two more years remaining on my Post-Study Visa (valid until May 2028).
Could you please advise:
Should I exclude the days when I was awaiting a decision?
When would I be eligible to apply for Indefinite Leave to Remain based on 10 years of continuous residence?
Or on what basis am I not eligible?

[zimba]

You need 10 years of continuous (unbroken) and also lawful residence.

You cannot rely on a historical 10 year period. If your date of ILR decision is today, then the 10 years is counted backwards from today.

Your 10 years includes time spent under paragraph 39E which is EXCLUDED as being lawful residence (I repeated this several times)

So you end up with 10 years of continuous residence BUT you do NOT end up with 10 years of lawful residence

[aq21666]

Thank you, it means I will be completing 10 years of lawful continuous residence in MAY 2029?

[zimba]

That is what it looks like