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Long residence urgent query continuous residence

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

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Ayeshaabbas
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Joined: Tue Sep 16, 2014 8:34 pm

Long residence urgent query continuous residence

Post by Ayeshaabbas » Tue Sep 30, 2014 10:19 am

Hi all

I have an urgent question as i am making Set LR application. I was referring to the guidance on GOV UK website and i am confused regarding the following points:


(a) "continuous residence" means residence in the United Kingdom for an unbroken period, and
for these purposes a period shall not be considered to have been broken where an applicant is
absent from the United Kingdom for a period of 6 months or less at any one time, provided that
the applicant in question has existing limited leave to enter or remain upon their departure and
return, but shall be considered to have been broken if the applicant:

(ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to
return; or

(iii) left the United Kingdom in circumstances in which he could have had no reasonable
expectation at the time of leaving that he would lawfully be able to return;


i want to know whether or not i have broken my continuous residence.

i was on tier 2 and the visa was originally suppose to expire in October 2013. however in august 2012, i lost my job and i left the UK 15 days after the last day of my work. I stayed abroad for 5.5 months and came back on student visa in jan 2013. I made a SAR request and found out that a letter was issued to me in november by UKBA that my leave has been curtailed for tier 2 (because i lost my job) till feb 2013.

have i broken my continuous residence? please advise

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