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vinny wrote:Currently, ok.

vinny wrote:We don't know what the future may hold for the Long residence rules.

vinny wrote:Under the current rules, it should be okay. But it's difficult to predict future rules.

Please click on any given links for further information.

vinny wrote:

Please click on any given links for further information.

Events that break continuous residence
Continuous residence is considered to be broken if the applicant has:
--- been absent from the UK for a period of more than six months at any one time, or is
absent from the UK for a shorter period but does NOT have valid leave to enter the UK
on their return, or valid leave to remain on their departure from the UK
--- spent a total of 18 months outside the UK throughout the whole 10 year period

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.

cg012 wrote:

vinny wrote:

Please click on any given links for further information.

I read the following things (regarding break in 10 years) on a document titled "Long Residence" which is published by the Home Office for Home Office staff on 8 May 2015.
(the link for the document: https://www.gov.uk/government/uploads/s ... .0_EXT.pdf )

Below I pasted some relevant things from the document:------------

Events that break continuous residence
Continuous residence is considered to be broken if the applicant has:
--- been absent from the UK for a period of more than six months at any one time, or is
absent from the UK for a shorter period but does NOT have valid leave to enter the UK
on their return, or valid leave to remain on their departure from the UK
--- spent a total of 18 months outside the UK throughout the whole 10 year period

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.

The document says Long Residence is BROKEN if the applicant has been absent from the UK for a period of more than six months at any one time, or is absent from the UK for a shorter period but does NOT have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK

In my original post, I said that the student already spent 3 years in the UK in Tier 4 general visa, and then he withdraws from the course for some reasons, SO his visa is CANCELLED and he is given 60 days time (note: in this time he does NOT have any right to work) . He goes back to his home country before "60 days" finish. After 3 months, he again come to the UK with a new visa. Will his clock start from the beginning ?


Is the "60 days time" considered as "leave to remain" or "Valid Leave" ?
(I am confused because this "60 days time" is given when the VISA IS CANCELLED. So is this 60 days time considered as a "visa"? I am very confused. Please help)

The doc also says -- the long residence is NOT broken if he 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. I did NOT understand the meaning of this sentence. Please give me an example.

Thanks a lot.

vinny wrote:I believe that when leave has been curtailed for up to 60 days means that there is still existing leave within the 60 days. So, if one departs the UK within the 60 days, then one still had existing leave on departure.

If departure had been after the 60 days, then a successful application within 28 days from the end of the 60 days should also not have broken the continuous period with regards to the Long residence requirements.

If the the return to the UK is within six months with a new entry clearance, then it should be okay.

vinny wrote:Is there a difference between cancellation and curtailment in this case?
Curtailment can result in a person having no leave remaining immediately or after a limited specified period. If a person is given 60 days from the date of the curtailment notice, then I believe there is leave remaining until the 60 days have passed.

Note that-- From 11 march to 7th July (almost 4 months), the person has stayed in his home country WITHOUT any valid leave/visa. Will this period (without valid leave/visa) break the clock (long residency) ? I need a 100% correct answer please....

vinny wrote:There doesn't appear to be any requirement for such a person to have leave while outside the UK.

vinny wrote:If a person had leave when departing the UK, then I cannot see any requirement for him to apply for entry clearance within 28 days. I believe that continuous leave shouldn't be broken if he returns to the UK within six months with a new entry clearance and hasn't been absent for over 18 months in total during the ten years, etc.

vinny wrote:When it's a refused out-of-time leave to remain application.