Long residency - some questions

Hello every one

I read that for student who have previously had an official financial sponsor such as their home government they need a letter of consent from their financial sponsor to allow them to apply for indefinite leave to remain under the 10 year residence route. The letter needs to say that the financial sponsor has no objection about the student making the ILR application.

Is this true, or is it only true for those who have received financial support from an official body within the last 12 months before the ILR application?

Thanks a lot!

Please see bottom of page 3 of this

https://www.gov.uk/government/uploads/s ... art_6A.pdf

this is what is says:


"245A. Specified documents for students previously sponsored by an overseas government or international scholarship agency

Where Part 6A of these Rules state that specified documents must be provided to show that a sponsoring government or international scholarship agency has provided its unconditional written consent to the application, the specified documents are original letters, on the official letter-headed paper or stationery of the organisation(s), bearing the official stamp of that
organisation and issued by an authorised official of that organisation. The documents must confirm that the organisation gives the applicant unconditional consent to remain in or re-enter the UK for an unlimited time."

You will perhaps understand what this means if it is broken in two parts for simplicity.
It is a "if and then "scenario":

(if)

Where Part 6A of these Rules state that specified documents must be provided to show that a sponsoring government or international scholarship agency has provided its unconditional written consent to the application,

then

the specified documents are original letters, on the official letter-headed paper or stationery of the organisation(s), bearing the official stamp of that organisation and issued by an authorised official of that organisation. The documents must confirm that the organisation gives the applicant unconditional consent to remain in or re-enter the UK for an unlimited time."

Moreover, you are not applying for settlement under section 6A (PBS) but under section 7 (LR).

Great thanks, it is clearer now.

I understand now that part 6a of immigration rules is for point based system but why is the first section called

"2245AAA. General requirements for indefinite leave to remain" ?

It does say "indefinite leave to remain" which is what confused me.

I believe it is "General requirements for indefinite leave (under part 6a of the immigration rules)". That's the reason it is stated under part 6a.
Terms / conditions / requirements, if applicable for the whole set of immigration rules, are included in "Immigration rules: introduction".

Hi,

Not sure if I'm allowed to talk about my case in someone else's thread but I think I'm facing a similar problem:

Tier 4 visa refused on 13 December 2010
Returned to home country on 26 December 2010
Made new application for Tier 4 on 11 January 2011 (accepted)

Have I broken my continuous residency? How do they count the 28 days? If I count the days between the 13 December 2010 and 11 January 2011 there are 29 days because December has 31 days, do they take into account that it happened during the period of new year so offices were closed during a couple of days?

There're no T&Cs to stop you from posting questions in someone else's topic but think if others start posting their questions in your topic will you not find it hard to find answers to your own questions in the long mess of different questions and different answers???

Date of expiry of leave before you applied for Tier 4 that was refused.
When did you receive the letter of refusal, do you remember? If so, date!

28 days are - 28 calendar days.

yes this is true! Thanks for transferring it here.


The date of expiry of my leave was 30th October 2010
-I applied on 19th October 2010 for tier 4
-got the refusal letter on 18th December 2010 by post but the letter heading said 13th December 2010 (refused because bank details didn't match)
-left the UK on 26th December 2010
-applied in my home country on 11th January 2011
-collected my visa on the 26th January 2011 (visa valid from 24th January 2011 for a period of three years)
-came back to the UK on 18th February 2011 (first ticket I could get)

Continuous residence is not broken.
Nothing to worry.

that's very reassuring to hear! thanks

Hello everyone,

Sorry to go back to this but it is quite important, I was able to gather more information on my case, I have the exact dates now with the proofs (letter stamps, letters, passport stamps):

-the date of expiry of my leave in the UK was 30th October 2010
-I applied on 19th October 2010 for tier 4 from the UK
-I received a refusal letter, the refusal letter from home office was posted on the 14th December 2010, I have found the letter with the stamp on it, so I received the letter the next day on the 15th December 2010 by post but the letter heading said 13th December 2010 (refused because bank details didn't match)
-I left the UK on 26th December 2010
-I applied in my home country on 11th January 2011 for fresh Tier 4 visa
-I collected my visa on the 26th January 2011 (visa valid from 24th January 2011 for a period of three years)
-I came back to the UK on 18th February 2011 (first ticket I could get)

From the 15th December 2010 which is the day I received the letter to the 11th January 2011 there are exactly 28 calendar days. But it I start counting from 13th December which is the date on the refusal letter, until the 11th January it is then 30 days which means that I might have broken the continuous residence

This is what the long residence guidance says, I have highlighted what I think is applicable to my case in red:


Time spent outside the UK
Continuous residence is not considered broken if the applicant:

-is absent from the UK for 6 months or less at any one time
-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
-departed the UK after the expiry of their leave to remain, but applied for fresh entry clearance within 28 days of that previous leave expiring

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. For example, an applicant can leave the UK as a Tier 4 (General) student and return with leave as a spouse of a settled person. Continuous residence is not broken as the applicant had
valid leave both when they left and returned to the UK

I would be very grateful is someone could tell me if I'm safe to apply for ILR or if my case is not clear so I will seek solicitors help (which is very expensive).

Thanks!

The date the letter when it was written is not relevant. If posted, it is the date of receipt that is relevant.
Also, does the refusal letter mention anything about your right to appeal the decision (refusal)?

Ok thank you for this.

I have just confirmed with the post office that if the letter was posted on the 14th December 2010 (stamp on the letter) then the earliest I could have received the letter is the 15th December 2010. So I should start counting 28 days from the 15th.

The letter does not mention the words "right to appeal". The refusal was due to the fact that I made a mistake when writing my bank details so the payment could not be made. The letter mentioned that I can make a fresh application from the UK if I wanted to.

I decided to go back home and apply from there because I knew the application process would take less time: I applied on the 11th January 2011 and got the visa on the 24th January 2011, it only took two weeks.

Everything else is absolutely ok in my immigration history, no overstaying.

I'm I still safe to apply for ILR?

Thanks

Already answered.

thanks for confirmation!