VISA duration for ILR

Hi Guys

Just want to clarify the VISA duration to apply for ILR. If I apply VISA for 3 year will I be able to apply for ILR after 3 year but then my VISA is expired. So the best duration for apply VISA is for 4 years and after 3rd year you can start the ILR process? What is the best way?

Thanks

Any comment on this is highly appreciated

You can read the official government guidance for global talent to ILR here

You can apply for your ILR 30 days before your 3 years are up. So if you have 2 years and 11 months residence on or before your visa expires, you should be good to apply. As long as you apply before your visa expires, you can stay legally (and continue to work) in the UK till your ILR decision comes through. Of course, if you arrive on the 30the day after your visa was issued, then you might not have any buffer to apply for ILR.

is not the year counted as continued residence, if for each continuous year, you are in UK without more than 180 days of absence per each year?

It does, but let’s take a hypothetical scenario:

Visa issued on Jan 1, 2021, vignette valid for 3 months, and overall Global Talent Visa valid for 3 years, i.e. Dec 31, 2023.

Now, the person decided to only come to UK on March 31, 2021, which they can do since the vignette is still valid.

Now, on Dec 31, 2023, they only have 33 months of continuous residence, which is short of the 35 months needed to apply for ILR.

I don’t think 2021 would be considered a full year of residence just because you lived here for more than 180 days.

Thank you very much for your response