ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

ILR 10 Year Long Residence break in continuous stay

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

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe

Locked
rawmess
Newly Registered
Posts: 6
Joined: Mon May 28, 2012 11:40 am

ILR 10 Year Long Residence break in continuous stay

Post by rawmess » Tue Aug 18, 2015 9:17 pm

please let me know if i qualify for ILR
arrived in Uk : july 2007 till dec 2009
visa reject on dec 2009. appeal in process till june 2010.
final letter came on june 20, 2010.
voluntarily returned back home on 13 july 2010.
reapplied on august 2010 rejected as they thought i overstayed form dec 2009 till july 2010.
did administrative review.process took almost 6 months. got back visa on jan 2011.
2011-12 tier 4
2012-13 psw
2013-2015 tier 2
2015-2018 tier 4 . will i qualify for ilr in 2018. i know its in future and anything can happen by that time . but i am just curious.
thanks in advance

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Re: ILR 10 Year Long Residence break in continuous stay

Post by geriatrix » Tue Aug 18, 2015 9:43 pm

The letter received on 20-Jun-2010, was that a a decision that you had lost the appeal? Was the letter from FTT or UT?
On which date of August 2010 did you apply for entry clearance?
Life isn't fair, but you can be!

riz1986
Member
Posts: 249
Joined: Wed Nov 18, 2009 9:45 pm
Location: Loughborough

Re: ILR 10 Year Long Residence break in continuous stay

Post by riz1986 » Wed Aug 19, 2015 8:53 am

Long residency is broken if no valid leave whn leaving the country.

rawmess
Newly Registered
Posts: 6
Joined: Mon May 28, 2012 11:40 am

Re: ILR 10 Year Long Residence break in continuous stay

Post by rawmess » Wed Aug 19, 2015 2:48 pm

sushdmehta wrote:The letter received on 20-Jun-2010, was that a a decision that you had lost the appeal? Was the letter from FTT or UT?
On which date of August 2010 did you apply for entry clearance?
yes appeal lost. letter was from UT.
i reapplied on 26 august 2010. Refusal decision received on 23 setember.
Thanks

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Re: ILR 10 Year Long Residence break in continuous stay

Post by geriatrix » Wed Aug 19, 2015 2:56 pm

riz1986 wrote:Long residency is broken if no valid leave whn leaving the country.
Where is this mentioned?
Life isn't fair, but you can be!

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Re: ILR 10 Year Long Residence break in continuous stay

Post by geriatrix » Wed Aug 19, 2015 2:59 pm

rawmess wrote:
sushdmehta wrote:The letter received on 20-Jun-2010, was that a a decision that you had lost the appeal? Was the letter from FTT or UT?
On which date of August 2010 did you apply for entry clearance?
yes appeal lost. letter was from UT.
i reapplied on 26 august 2010. Refusal decision received on 23 setember.
Thanks
Yes, continuous residency is broken. Not because you left UK after your leave to remain had expired (as has been commented above) but because you did not apply for entry clearance within 28 days of your leave expiring.
Life isn't fair, but you can be!

vinny
Moderator
Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILR 10 Year Long Residence break in continuous stay

Post by vinny » Thu Aug 20, 2015 12:56 am

sushdmehta wrote:
rawmess wrote:
sushdmehta wrote:The letter received on 20-Jun-2010, was that a a decision that you had lost the appeal? Was the letter from FTT or UT?
On which date of August 2010 did you apply for entry clearance?
yes appeal lost. letter was from UT.
i reapplied on 26 august 2010. Refusal decision received on 23 setember.
Thanks
Yes, continuous residency is broken. Not because you left UK after your leave to remain had expired (as has been commented above) but because you did not apply for entry clearance within 28 days of your leave expiring.
Is a Long residence applicant required to apply for entry clearance within 28 days of leave expiring?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

geriatrix
Moderator
Posts: 24755
Joined: Fri Mar 17, 2006 3:30 pm
Location: does it matter?

Re: ILR 10 Year Long Residence break in continuous stay

Post by geriatrix » Thu Aug 20, 2015 10:21 am

Vinny, the Long Residence guidance does seem to suggest so.
Time spent outside the UK wrote: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,
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
Life isn't fair, but you can be!

vinny
Moderator
Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILR 10 Year Long Residence break in continuous stay

Post by vinny » Thu Aug 20, 2015 11:37 am

Thanks. I didn't see that bit before.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

rawmess
Newly Registered
Posts: 6
Joined: Mon May 28, 2012 11:40 am

Re: ILR 10 Year Long Residence break in continuous stay

Post by rawmess » Tue Dec 08, 2015 5:59 pm

Hi,
Thanks for the reply.
I was not able to apply for the Tier 4 application at thet time as all the Tier4 applications were suspended from feb 2010 till august 2010 by UKBA. As soon as i was able to, I applied and came back. But unfortunately 7 months passed by the time I got visa.
I dont know if they can give some discretion on this or not.

Aditi12
Member
Posts: 112
Joined: Wed Dec 23, 2015 11:18 pm

Re: ILR 10 Year Long Residence break in continuous stay

Post by Aditi12 » Fri Jan 22, 2016 5:59 pm

sushdmehta wrote:Vinny, the Long Residence guidance does seem to suggest so.
Time spent outside the UK wrote: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,
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
Sushdmehta

We've been discussing this scenario in my case too ; I left uk within 28 days of appeal lost but re applied within 10 days and visa was granted ; you seem to advise here that there is no break in this scenario ;is that true .
Can any senior members have a look at 1 page of the refusal Letter

Thanks

vinny
Moderator
Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILR 10 Year Long Residence break in continuous stay

Post by vinny » Fri Mar 25, 2016 1:52 am

Continuous leave may be broken:
276A(a) wrote:(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or or has left the United Kingdom having been refused leave to enter or remain here;
unless discretion also applies? It's unclear to me.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: ILR 10 Year Long Residence break in continuous stay

Post by Obie » Fri Mar 25, 2016 4:19 pm

vinny wrote:Continuous leave may be broken:
276A(a) wrote:(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or or has left the United Kingdom having been refused leave to enter or remain here;
unless discretion also applies? It's unclear to me.
I don't concur. An appeal being refused at the Tribunal and as a result a person section 3C leave coming to an end, cannot be described as having been refused leave.
Smooth seas do not make skilful sailors

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: ILR 10 Year Long Residence break in continuous stay

Post by Obie » Fri Mar 25, 2016 4:26 pm

Obie wrote:
vinny wrote:Continuous leave may be broken:
276A(a) wrote:(i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or or has left the United Kingdom having been refused leave to enter or remain here;
unless discretion also applies? It's unclear to me.
I don't concur. An appeal being refused at the Tribunal and as a result a person section 3C leave coming to an end, cannot be described as having been refused leave.
Another event appears to precede the departure of the person , which is an appear, I'm circumstances were leave was extended statutorily
Smooth seas do not make skilful sailors

vinny
Moderator
Posts: 32760
Joined: Tue Sep 25, 2007 7:58 pm

Re: ILR 10 Year Long Residence break in continuous stay

Post by vinny » Fri Mar 25, 2016 11:56 pm

If a person has the right of appeal, then doesn't it imply that they had refused his leave?
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Obie
Moderator
Posts: 15156
Joined: Tue Apr 21, 2009 12:06 am
Location: UK/Ireland
Ireland

Re: ILR 10 Year Long Residence break in continuous stay

Post by Obie » Sat Mar 26, 2016 12:12 am

Their application for variation of leave was refused, but they will continue to have leave but virtue of section 3 C.

A distinction must be made between people whose application for variation of their leave was refused, and has a right of appeal either under the pre April 2015 appeal structure or after, and someone who may have applied for a first time leave and being refused.

The 2 categories are different.
Smooth seas do not make skilful sailors

Locked
cron