UK visas: what breaks continuous residence?

 

The term of “continuous residence” mainly applies to applications for Indefinite Leave to Remain (ILR) in the UK. The last hurdle before qualifying doe British Citizenship. The qualifying period for ILR is 5 years in most cases. Can also be 10 years, such as for partners in the 10-year route or for ILR based on 10 years of Long Residence on various visas. In all cases, the residence must be “continuous”. 

It usually means having one visa after another. If there is a gap, it has to be an acceptable gap! Such as you applied for a visa on time (before the old visa expired) and waited for your new visa while on Section 3C leave in the UK. This would maintain the continuity. 

 

Consider a different example: applying on time, being refused a visa and re-applying within 14 days, as allowed by the Rules. This wouldn’t be counted as part of 5 or 10 years, but it would not break the continuous residence. Instead, you could count around it, such as needing 5 years and 14 days.

 

However, having a gap of more than allowed 14 days since refusal (without a good compassionate reason) would mean overstaying and would beak the continuity altogether. Breaking the residence means restarting the clock, beginning the 5 years again (or 10 years again). 

Excessive absences also break the continuity unless there was a compassionate reason for such an absence. Most categories now allow 180 days per any 12 months, so if you spent 181 days abroad, you would have to start “your” qualifying period from scratch. 

What about waiting for a visa outside the UK? If you had a Skilled Worker visa, for example, then extended it outside the UK, you would only preserve the continuity if you submitted a new application within the permitted period (even if it were decided later). And returned to the UK on the new visa within the absences of “180 days within 12 months”.

Other events that break the continuous residence: time in prison, temporary admission, also having a non-qualifying visa category. For example, Skilled Worker 3 years plus Skilled Worker for 2 years would be Ok for 5 years ILR. But Skilled Worker 3 years, then 2 years on Student or Global Mobility, then Skilled Worker again, and you start “your” 5 years as a Skilled Worker again from the 2nd visa. 

Online consultation with a lawyer – book here WhatsApp, Zoom or email. As always, a consultation fee counts towards our future services!

1st 4Immigration is one of the most experienced UK immigration law companies, OISC – accredited at the highest Level 3. We have been in business for over 15 years, our OISC reference is 200800152, in which 2008 stands for the year accreditation. Office: Tower 42, 25 Old Broad Street, London, EC2N 1HN. Website 1st4immigration.com