Exceptional Assurance for 10 years route

[jinjinjinny_]

Hi all,

I applied EA in 2021 and it was valid until 30 June. On 27 June I submitted skilled worker visa and was later granted. However, on my skilled worker brp, the starting date is from mid August till August 2024. Am I an overstayer from July to mid-august as I was waiting for my visa decision? Would it be a break for ten years route? Thank you all

[zimba]

Note that the exceptional assurance scheme did not grant any form of leave to immigrants. The overstaying will not break your continuous residence as per paragraph 39E of the rules however any period covered under paragraph 39E is NOT counted towards the 10 years needed to get ILR under the long residence. So any time spent under exceptional assurance as well as the subsequent waiting period will not count, given that during those periods you did not have lawful residence in the UK.

No periods of overstaying (disregarded or otherwise) are included in the calculation of the qualifying period. No periods of exceptional assurance between 1 September 2020 and 28 February 2023 are included in the calculation of the qualifying period.

Guidance Long residence: https://www.gov.uk/government/publicati ... accessible

Paragraph 39E(5) of the Immigration Rules was amended so that overstaying during periods where the person held an exceptional assurance or short-term assurance will be disregarded and will not break continuous residence. This period however does not count as lawful presence.

Coronavirus extension concession (CEC) and exceptional assurance concession: https://www.gov.uk/government/publicati ... accessible

[jinjinjinny_]

Thanks @zimba. I’m still confused because I could apply 10 years route in 2027 as I arrived uk I’m 2017 august. So in my case, do I have to calculate my 10 years from 2021 August?

[zimba]

Thanks zimba. I’m still confused because I could apply 10 years route in 2027 as I arrived uk I’m 2017 august. So in my case, do I have to calculate my 10 years from 2021 August?

Why 2021 ??
The 10 years are counted backwards from the date of the ILR decision. You simply have to skip over the periods where you did not have lawful residence. As I said, your continuous residence was NOT broken !

See: Lawful and continuous residence changes to Long Residence route from 11 April 2024

Also: Applicants can benefit from the date of the ILR decision

[jinjinjinny_]

@zimba I thought you have to have be lawful and continuous residence to apply for 10 years route?

As my time in the uk from 1st feb 2021 till 30 June 2021 was covered by EA. Then from 1st July 2021 till mid August 2021 I was waiting for my skilled worker visa decision, didn’t have EA to cover the waiting period. (Applied the skilled worker visa few days before EA expired). Skilled worker visa was later granted (mid August 2021)

So in my case, I can still apply 10 years route counting from 2017 right? Just need to stay extra few month (from 1st Feb 2021 till mid August 2021= 6.5 months) to apply the 10 years ltr?

[zimba]

It seems you are not reading the advice given at all.

thought you have to have be lawful and continuous residence to apply for 10 years route?

Yes, you need continuous lawful residence however the rules allow certain periods without lawful residence to be disregarded so that you maintain continuous residence. However, under the long residence such disregarded periods are NOT counted

As my time in the uk from 1st feb 2021 till 30 June 2021 was covered by EA. Then from 1st July 2021 till mid August 2021 I was waiting for my skilled worker visa decision, didn’t have EA to cover the waiting period. (Applied the skilled worker visa few days before EA expired). Skilled worker visa was later granted (mid August 2021)

All that period is excluded and NOT counted

So in my case, I can still apply 10 years route counting from 2017 right? Just need to stay extra few month (from 1st Feb 2021 till mid August 2021= 6.5 months) to apply the 10 years ltr?

I already told you that the counting of your 10 years should be done backwards. Just skip over the excluded period as if it is not there when counting the 10 years. So you need 6.5 months extra to account for the excluded period

[jinjinjinny_]

Thank you so much!