十年永居

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Can a UK student visa or tourist visa be counted towards the 10-year lawful residence requirement for Indefinite Leave to Remain (ILR)?

Shisheng Meow's answer: Student visas and tourist visas can be counted towards the 10-year lawful residence requirement for ILR in the UK.

The 10-year lawful residence requirement in the UK primarily refers to having a continuous lawful residence in the country for a period of 10 years. During this time, you should not have been outside the UK for more than 540 days in total, with no single absence exceeding 180 days. "Lawful" means holding a valid immigration status and not having any criminal record, serious adverse credit history, or other illegal activities.

Shisheng Meow's reminder:

The 10-year period for ILR is calculated from the date of entry, not from the start of holding a visa. However, one advantage is that the 10-year period can be calculated from the date of reporting before obtaining the status. For example, if you had temporary admission, temporary release, or immigration bail, the time spent under these categories can be counted towards the 10-year period.

It is important to note that when applying for ILR, the processing time at UK consulates is usually around 2-3 months. Therefore, it is advisable to allocate sufficient time and apply as early as 28 days before meeting the eligibility criteria.

If you hold a spouse visa and wish to switch to a Tier 2 or Tier 1 visa for ILR, the time spent holding the spouse visa will not be counted towards the duration of the Tier 2 or Tier 1 visa.