ILR (10 Year Long Residence) -Does visitor visa count?

[TWchu]

Hi,

I have a question about applying the ILR (10 year long residence). I am not sure whether I will qualify to apply the ILR. According to my understanding, the earliest day I can apply visa will be 28 days before completing the 10 years, which is on 14/07/2018. Here is my immigration record:

Granted Tier 4 visa for BSc study on 11/08/2008 and expired on 31/10/2009
Entered UK on 16/09/2008
Granted Tier 4 visa for MSc study on 01/09/2009 and expired on 31/01/2011
Granted Tier 4 visa for PhD study on 11/07/2010 and expired on 28/02/2015
Applied Tier 4 (DES) on 28/02/2015, granted the visa on 08/03/2015 and expired on 19/02/2016
Granted Tier 2 (general) visa on 24/01/2016 and going to be curtailed on 10/07/2018 as my contract was finished in October 2017. I am currently out of work.

As I will need 4 more days that I will qualify to apply ILR, I heard that using the visitor visa also count towards the 10 years continuous residence (But I am doubt about it). Is it true?

If so, will it be okay if I leave the UK before the current visa expired and then come back again to apply the ILR? (PS. I don't need to apply visitor visa, and I can stay in the UK for 180 days.)

Hope someone can give me some insights about it. Thank you very much.

[cyclina1]

No. Visitor visa would not be counted. the easiest way to get ILR by LR is leave the UK and got the other resident visa (no matter what) within 180 days after your current tier2 expired, such your residency would not be broken.10 years route allows you have gap between visa less than 180 days, without breaking your contineous residency period. So I will suggest you get the other tier 2/4/5 as soon as possible.

For you, find the other post-doc is the easiest, depends on your expertise, I guess. If not, eroll to whatever you can and get the Tier 4.

But of course, the day of absent between visa gap also count towards 540 days.

[marcnath]

Hi,

I have a question about applying the ILR (10 year long residence). I am not sure whether I will qualify to apply the ILR. According to my understanding, the earliest day I can apply visa will be 28 days before completing the 10 years, which is on 14/07/2018. Here is my immigration record:

Granted Tier 4 visa for BSc study on 11/08/2008 and expired on 31/10/2009
Entered UK on 16/09/2008
Granted Tier 4 visa for MSc study on 01/09/2009 and expired on 31/01/2011
Granted Tier 4 visa for PhD study on 11/07/2010 and expired on 28/02/2015
Applied Tier 4 (DES) on 28/02/2015, granted the visa on 08/03/2015 and expired on 19/02/2016
Granted Tier 2 (general) visa on 24/01/2016 and going to be curtailed on 10/07/2018 as my contract was finished in October 2017. I am currently out of work.

As I will need 4 more days that I will qualify to apply ILR, I heard that using the visitor visa also count towards the 10 years continuous residence (But I am doubt about it). Is it true?

If so, will it be okay if I leave the UK before the current visa expired and then come back again to apply the ILR? (PS. I don't need to apply visitor visa, and I can stay in the UK for 180 days.)

Hope someone can give me some insights about it. Thank you very much.

That should not be very difficult.

Put in an application for any visa, say a Tier 1 Entrepreneur or even another Tier 2 and vary it to ILR (LR) soon after. They are not going to make a decision in 4 days, so you can safely vary the same.

[CR001]

No. Visitor visa would not be counted.

Visitor visa DO count for ILR long residence and is a well known fact!!

[cyclina1]

I mean Hong Kong doesn't need a visa. So he cannot apply.

[CR001]

I mean Hong Kong doesn't need a visa. So he cannot apply.

OP will still get stamped in as a visitor for 6 months, which is still a visitor visa.

[marcnath]

I mean Hong Kong doesn't need a visa. So he cannot apply.

Would you mind stating which part of the immigration rules is this conclusion based on ?

[cyclina1]

I mean Hong Kong doesn't need a visa. So he cannot apply.

Would you mind stating which part of the immigration rules is this conclusion based on ?

So my understanding is START counting with Visitor visa or permission of entry. I don't know. If you tell the custom in the port or visa application centre, the purpose of entry into the UK as visitor is for VISA application, you can get entry?

[marcnath]

I mean Hong Kong doesn't need a visa. So he cannot apply.

Would you mind stating which part of the immigration rules is this conclusion based on ?

So my understanding is START counting with Visitor visa or permission of entry. I don't know. If you tell the custom in the port or visa application centre, the purpose of entry into the UK as visitor is for VISA application, you can get entry?

ok. But that is not what you stated.

Your statement was that as an HK person does not need a visa, he/she cannot apply.

Now you state something very different - that a person is unlikely to get entry if it is for the purpose of visa application.

Appreciate that you are trying to help - but please be clear and not provide information that could be easily misunderstood.

[cyclina1]

Hi,

I have a question about applying the ILR (10 year long residence). I am not sure whether I will qualify to apply the ILR. According to my understanding, the earliest day I can apply visa will be 28 days before completing the 10 years, which is on 14/07/2018. Here is my immigration record:

Granted Tier 4 visa for BSc study on 11/08/2008 and expired on 31/10/2009
Entered UK on 16/09/2008
Granted Tier 4 visa for MSc study on 01/09/2009 and expired on 31/01/2011
Granted Tier 4 visa for PhD study on 11/07/2010 and expired on 28/02/2015
Applied Tier 4 (DES) on 28/02/2015, granted the visa on 08/03/2015 and expired on 19/02/2016
Granted Tier 2 (general) visa on 24/01/2016 and going to be curtailed on 10/07/2018 as my contract was finished in October 2017. I am currently out of work.

As I will need 4 more days that I will qualify to apply ILR, I heard that using the visitor visa also count towards the 10 years continuous residence (But I am doubt about it). Is it true?

If so, will it be okay if I leave the UK before the current visa expired and then come back again to apply the ILR? (PS. I don't need to apply visitor visa, and I can stay in the UK for 180 days.)

Hope someone can give me some insights about it. Thank you very much.

That should not be very difficult.

Put in an application for any visa, say a Tier 1 Entrepreneur or even another Tier 2 and vary it to ILR (LR) soon after. They are not going to make a decision in 4 days, so you can safely vary the same.

But if do so, the ILR LR application varied won't be considered as the date of submit of "any visa"? In this case he/she will still 4 days short at least.

Example scenario 1
An applicant submits application A in time. They then submit application B before
application A has been decided, but after the applicant’s leave has expired when the
applicant transitioned to 3C leave.
As the applicant transitioned to 3C leave and a decision has not yet been made on
application A, application B is automatically considered as a variation of application
A. The date of application is the date application A was submitted.

[marcnath]

er
But if do so, the ILR LR application varied won't be considered as the date of submit of "any visa"? In this case he/she will still 4 days short at least.

Example scenario 1
An applicant submits application A in time. They then submit application B before
application A has been decided, but after the applicant’s leave has expired when the
applicant transitioned to 3C leave.
As the applicant transitioned to 3C leave and a decision has not yet been made on
application A, application B is automatically considered as a variation of application
A. The date of application is the date application A was submitted.

That is specific for the Section 3C protection.

34G of the immigration rules state

34G. For the purposes of these rules, the date on which an application (or a variation of application in accordance with paragraph 34E) is made is:
(i) where the application form is sent by post by Royal Mail, the date of posting as shown on the tracking information provided by Royal Mail or, if not tracked, by the postmark date on the envelope; or
(ii) where the application is made on a paper application form and is submitted in person, the date on which it is received at a Home Office premium service centre; or
(iii) where the paper application form is sent by courier, or other postal services provider, the date on which it is delivered to the Home Office; or
(iv) where the application is made via the online application process, the date on which the online application is submitted whether or not a subsequent appointment is made at a Home Office premium service centre.
.....

So the application will be considered as per the date the varied application is submitted.

You are an active contributor to this forum, so you must have seen plenty of posts where people have sucessfully varied their application to ILR(LR) when another application (generally for extension) is pending.

[cyclina1]

er
But if do so, the ILR LR application varied won't be considered as the date of submit of "any visa"? In this case he/she will still 4 days short at least.

Example scenario 1
An applicant submits application A in time. They then submit application B before
application A has been decided, but after the applicant’s leave has expired when the
applicant transitioned to 3C leave.
As the applicant transitioned to 3C leave and a decision has not yet been made on
application A, application B is automatically considered as a variation of application
A. The date of application is the date application A was submitted.

That is specific for the Section 3C protection.

34G of the immigration rules state

34G. For the purposes of these rules, the date on which an application (or a variation of application in accordance with paragraph 34E) is made is:
(i) where the application form is sent by post by Royal Mail, the date of posting as shown on the tracking information provided by Royal Mail or, if not tracked, by the postmark date on the envelope; or
(ii) where the application is made on a paper application form and is submitted in person, the date on which it is received at a Home Office premium service centre; or
(iii) where the paper application form is sent by courier, or other postal services provider, the date on which it is delivered to the Home Office; or
(iv) where the application is made via the online application process, the date on which the online application is submitted whether or not a subsequent appointment is made at a Home Office premium service centre.
.....

So the application will be considered as per the date the varied application is submitted.

You are an active contributor to this forum, so you must have seen plenty of posts where people have sucessfully varied their application to ILR(LR) when another application (generally for extension) is pending.

Thanks. As you said, I saw quite a lot of these cases, but I really don't understand how it works, by law. To me it seems contradicting to the guidance of variation. I would consider the guidance as I cited is to fill the loophole that people intentionally applying visa which is hopeless to success but just for the sake of buying time for 3C leave. So it is great that you can cite the rule for me, the rule itself bypassed the correction of the loophole, in my opinion. Thanks.