10-Year Long Residence ILR: 2017 Absence During Overseas Visa Application

[CuriousKitty23]

Hi everyone,

I am preparing for a 10-year Long Residence ILR application and would really appreciate views from members who have experience with continuous residence and overseas visa transitions.

The point I am trying to clarify is whether my 2017 visa transition affects my Long Residence qualifying period.

Timeline -
04 Aug 2016 – 04 Aug 2017 - Held Tier 2 ICT Short-Term visa
08 Aug 2016 - First entered the UK on this visa
22 Jul 2017 - Left the UK before my visa expired
22 Sep 2017 - Submitted/paid for next visa application from overseas
29 Sep 2017 - Biometrics completed overseas
10 Oct 2017 - Granted Tier 2 ICT Long-Term visa
28 Oct 2017 - Returned to the UK with valid entry clearance
28 Oct 2017 onwards - Continuous UK residence with valid leave throughout

The absence from 22 July 2017 to 28 October 2017 was around 97 days, so it was well below 184 days. My total absences across the 10-year period are also within the Long Residence limits.

My questions

1. Can my 10-year Long Residence period still be counted from my first UK entry on 08 August 2016?

2. Should the 2017 period be treated as an absence from the UK, rather than a break in continuous residence, because I left before my visa expired and returned with valid entry clearance?

3. Does the period when I was outside the UK without valid UK permission, between the first visa expiry and the next visa grant, cause any issue for Long Residence ILR?

I have remained continuously in the UK with valid leave since returning on 28 October 2017, so this 2017 transition is the only point I want to be absolutely clear on.

Any guidance from experienced members would be much appreciated.

Many thanks.

[zimba]

1. Yes

2. It is just an absence from the UK

3. No. 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.


READ --> Long Residence settlement route (effective 11 April 2024)

[CuriousKitty23]

Thank you for the guidance on my 2017 visa transition. That is very helpful.

I have two follow-up points while preparing my 10-year Long Residence ILR application.

1. SAR entry showing “Probable Overstayer”

While reviewing my SAR, I noticed a “Probable Overstayer” entry around my 2022 in-country visa extension, even though the application appears to have been submitted before my previous leave expired.

Timeline:

09 Oct 2019 – 11 Oct 2022. Held Tier 2 ICT Long-Term / Leave to Remain
07 Oct 2022 Submitted and paid for new Global Business Mobility / Senior or Specialist Worker application
07 Oct 2022 SAR also records the new application as received 11 Oct 2022. Previous BRP / leave expired
12 Oct 2022 SAR shows: “Decision on the application: Probable Overstayer”
14 Oct 2022 Biometrics completed
14 Dec 2022 Home Office decision email confirmed the application was successful
25 Oct 2024 New permission granted until this date
20 Dec 2022 SAR later shows the compliance item closed as “Closed In Country Valid Visa”

My understanding is that because the new application was submitted before my previous leave expired, this should have been an in-time application.

1.1 - Could members please confirm whether the “Probable Overstayer” wording is likely just a temporary SAR/system/compliance marker, rather than an actual adverse immigration issue?

1.2 - Would this need to be explained in a cover letter for Long Residence ILR, or should I simply keep the SAR extract and decision email available if requested?

2. Long Residence ILR document checklist

I am also preparing my document checklist. At the moment I plan to include:

Category Documents

Identity Current passport
Previous passports All passports held during my UK residence period
Immigration status Current BRP / eVisa / share code evidence
Visa history Previous visa approval emails / decision letters / BRPs where available
Travel history Full absence table with countries, reasons, departure dates and return dates
Life in the UK. Life in the UK Test pass reference
English language English language evidence / degree evidence if applicable



2.1. Does my document checklist look broadly correct ?

2.2 Is it advisable to include a short cover letter (or any other) explaining my 2017 visa transition from my first post and the SAR “Probable Overstayer” comment from 2022 ?

2.3. Given that I have been employed throughout the last 10 years, do I need to provide any documents from my current or previous employers ?

2.4. The application asks whether I have visited any **Crown Dependencies** in the last 10 years. I have visited the Isle of Man for about 4 days. Should this be declared in that section only, or should it also be included in the travel history/absence table for Long Residence purposes?


Many thanks.

[zimba]

1.1 - Could members please confirm whether the “Probable Overstayer” wording is likely just a temporary SAR/system/compliance marker, rather than an actual adverse immigration issue?
1.2 - Would this need to be explained in a cover letter for Long Residence ILR, or should I simply keep the SAR extract and decision email available if requested?

If the application was in-time, then there was no overstaying. You do not need to explain anything to the UKVI. Sifting through SAR file without any reason is pointless. SAR often shows internal notes by the UKVI and does not include all the details/information the UKVI has on you. Just stick to the rules

2. Long Residence ILR document checklist
2.1. Does my document checklist look broadly correct ?
2.2 Is it advisable to include a short cover letter (or any other) explaining my 2017 visa transition from my first post and the SAR “Probable Overstayer” comment from 2022 ?
2.3. Given that I have been employed throughout the last 10 years, do I need to provide any documents from my current or previous employers ?

Yes it is good. You do not need any explanation to do as I said above. Under long residence, your employment status is irrelevant and your employment history is not needed

2.4. The application asks whether I have visited any **Crown Dependencies** in the last 10 years. I have visited the Isle of Man for about 4 days. Should this be declared in that section only, or should it also be included in the travel history/absence table for Long Residence purposes?

Declare it where the form asks you

[CuriousKitty23]

Thank you very much, Sir!