10 years ILR- 4 months outside uk

Hello friends,

I would be grateful if any one could advise me on my ilr case.

My profile:

Entered uk in September 2007 on student visa and got psw in 2009 which expired in November 2010 but returned back home in October 2010 and applied visa in January 2011 and returned uk on fresh application in February 2011.
I stayed 4 and half months outside uk. But left uk with valid visa and returned with valid visa. My current entrepreneur visa expires in August 2017. Am I eligible for 10 years ilr.

Experts Please help me

Thanks in advance

it is clearly stated in HO guidance that if you are out of UK (having a valid visa) for less than 6 months at a given time your 10 years continuity is not affected. it is affected if you stay more than 6 months at a time or you have stayed out of UK for more than 18 months all together in those 10 years.

and the 10years continuity breaks if you leave UK when your visa expired and had to get another entry visa when coming in

your psw expired in nov 2010 and then you went back home and then came back in jan 2011 with a new visa


this is a clear disconnect of your time in UK.
according to immig rules 10 years even break if you have spent one day outside uk after your visa expires.

and in your case its 3 months at least. there is clearly no continuity in your residency in UK

i have heard of exceptions of small breaks but this is quite a big time.

since from Jan 2011 your long residencey count has started from zero

4 months staying outside is not a problem

i think your only option is now entrepreneur ILR after 5 years

@maberl2002 thanks for your reply


Please find the link

https://www.gov.uk/government/uploads/s ... .0_EXT.pdf

Quoting these points from ukba provided guidelines

Page no:13 guidence- long residency version 12.0

'Time spent outside the UK

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. 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. '

Page:16


'Example 2

 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 understanding may be different from yours. Could you please discuss the above statements in detail.

Thanks in advance

You are safe dude!

Here is an example from UKBA guidelines (to be honest I believed it to be other way around till I came across this)

Example 2
 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.

YOU ARE SAFE!

You are safe as a baby in its cot.

Thanks for your reply @the symbol and @nasirkahan

My question is that as my visa expired in November10th and applied visa from my home country on January 20th there is a gap of almost 70 days.
Does less than 28 days rule apply on my case or not.?
Does it only apply for applicant s who leave UK after their visa expired?

Your reply is much appreciated

Thanks in advance

CORRECT!

You don't fell in category of 28 days rule or anything related as that only comes in affect after the last day of your valid visa whether you leave or stay in UK but as you left before it has nothing to do with you.

And to answer your original question whether you would be still eligible for long term residence rule of 10 years, the short and quick answer is YES!

Hope that helps, SIR

Thanks a lot @the symbol
That's a big relief.

applicant9 wrote:Thanks a lot @the symbol
That's a big relief.

Now get us some barfi.