Has continuous residence been broken?

Dear All,

could you please help me with this as I've been checking the relevant documents for a long time and am still confused with the continuity for ILR.

Quote
@Continuous residence is not considered broken if the applicant:

 is absent from the UK for six months or less at any one time, and
 had existing leave to enter or remain when they left and when they returned – this can
include leave gained at port when returning to the UK as a non visa national, see
related link: Information for non-visa nationals.

If the applicant had existing leave to enter or remain when they left and returned to the UK,
the existing leave does not have to be in the same category on departure and return

and an example is given in the government document that
 A person enters the UK on 1 September 2004 with entry clearance as a student which
is valid until 31 October 2005.
 On 25 October 2005, before the previous leave expired, the person departs the UK.
 On 5 January 2006 the person re-enters the UK with valid entry clearance as a
student.

Question Has continuous residence been broken?
Answer No. The person had valid leave on the date of their departure and on the date
of their return to the UK, and the time spent outside the UK was less than six
months. Continuous residence has been maintained, even though the person
entered the UK with a fresh grant of leave.

My question is for the person in the example, if he/she doesn't apply for the new entry clearance within the 28 days of the leave expires, but applies on the 20th Jan 2006 and re-enters the UK with valid entry clearance on 3rd Mar 2006 (within 180 days), has the continuity been broken?

I'm confused because I found this: it says If the applicant’s leave expires whilst they are outside the UK and they apply for new entry clearance more than 28 days after their previous leave expires, the continuous period is broken and leave is not aggregated

please help!

There is a different for ILR applications based on different routes:

Tier 2/work permit: application must have been made within 28 days blah blah...

10 year long residence: Cannot have been out of the UK for more than 6 months at a stretch and it doesn't matter if a new application wasn't made within the 28 days.

physicskate wrote:There is a different for ILR applications based on different routes:

Tier 2/work permit: application must have been made within 28 days blah blah...

10 year long residence: Cannot have been out of the UK for more than 6 months at a stretch and it doesn't matter if a new application wasn't made within the 28 days.

Thank you for the reply physicskate

"If the applicant’s leave expires whilst they are outside the UK and they apply for new entry clearance more than 28 days after their previous leave expires, the continuous period is broken and leave is not aggregated".

Did you mean this quote above only applies to people who are using Tier 2 to get ILR?

branec wrote:

physicskate wrote:There is a different for ILR applications based on different routes:

Tier 2/work permit: application must have been made within 28 days blah blah...

10 year long residence: Cannot have been out of the UK for more than 6 months at a stretch and it doesn't matter if a new application wasn't made within the 28 days.

Thank you for the reply physicskate

"If the applicant’s leave expires whilst they are outside the UK and they apply for new entry clearance more than 28 days after their previous leave expires, the continuous period is broken and leave is not aggregated".

Did you mean this quote above only applies to people who are using Tier 2 to get ILR?

Yes.

physicskate wrote:

branec wrote:

physicskate wrote:There is a different for ILR applications based on different routes:

Tier 2/work permit: application must have been made within 28 days blah blah...

10 year long residence: Cannot have been out of the UK for more than 6 months at a stretch and it doesn't matter if a new application wasn't made within the 28 days.

Thank you for the reply physicskate

"If the applicant’s leave expires whilst they are outside the UK and they apply for new entry clearance more than 28 days after their previous leave expires, the continuous period is broken and leave is not aggregated".

Did you mean this quote above only applies to people who are using Tier 2 to get ILR?

Yes.

Thank you physicskate