Immigrationboards.com

Hello,

Please I Need some advise.
I applied to migrate from a post study visa to a spousal visa on 2nd June 2013. This was 2 days after my visa expired. (My original application was done within time but returned as invalid so I reapplied immediately). In 2013, applications within 28 days of visa expiration was still acceptable.
The visa application was denied and my passport withheld, I was told I no longer had a valid visa and needed to leave the country to re-apply. I travelled back home, reapplied and got my visa.
Now that I'm 10 years in the UK, I applied for settlement based on long residence but was refused because I was told that the incident from 2013 broke my continuous residence and I had no valid visa when I left the country.
I do not agree that the chain was broken because I applied within acceptable time. I have no right of appeal.

Can you please advice based on knowledge and experience whether you think I stand a reasonable chance if I went to court?

I am eligible to renew my spousal visa in March 2020, if I took HO to court, will this affect my ability/right to renew my spousal visa in March if this case is still pending?

Thank you

Your continuity of residence is broken, the refusal is correct.

According to https://assets.publishing.service.gov.u ... 6.0ext.pdf
Continuous residence is considered to be broken if the applicant has:
• been absent from the UK for a period of more than 6 months at any one time
• spent a total of 18 months outside the UK throughout the whole 10 year period
• left the UK before 24 November 2016 with no valid leave to remain on their departure from the UK, and failed to apply for entry clearance within 28 days of their previous leave expiring (even if they returned to the UK within 6 months)

You were previously advised you might qualify for ilr long residence run 2023 or in 2022 via spouse visa route.

Okay thank you