ILR 10 years question
Posted: Tue Feb 02, 2021 11:28 pm
Hi,
I was looking to seek some guidance and clarification regarding continuous residence.
My husband and I are in the process of applying for ILR 10 year lawful residence.
Our query is regarding 'break from continuous residence'
One of the points for breaking continuous residence is
• 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)
In our 10 years in the UK, in Feb 2017 both our visas (Tier 4 student and PBS Dependant) expired on 9th Feb 2017 and we exited the UK on 8th Feb 2017 to avoid overstaying and that our visa expired. We applied for our next visa in May 2017 and entered the UK in Jun 2017 on a visit visa. After which we applied for a Tier 4 student visa and PBS dependent and re-entered the UK in Sept 2017.
At any point in this period did we break the continuous residence clause? I ask this because I wanted to clarify if this applies to us --"failed to apply for entry clearance within 28 days of their previous leaving expiring (even if they returned to the UK within 6 months)"
Any response and guidance on this will be most appreciated.
Thank you in advance.
I was looking to seek some guidance and clarification regarding continuous residence.
My husband and I are in the process of applying for ILR 10 year lawful residence.
Our query is regarding 'break from continuous residence'
One of the points for breaking continuous residence is
• 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)
In our 10 years in the UK, in Feb 2017 both our visas (Tier 4 student and PBS Dependant) expired on 9th Feb 2017 and we exited the UK on 8th Feb 2017 to avoid overstaying and that our visa expired. We applied for our next visa in May 2017 and entered the UK in Jun 2017 on a visit visa. After which we applied for a Tier 4 student visa and PBS dependent and re-entered the UK in Sept 2017.
At any point in this period did we break the continuous residence clause? I ask this because I wanted to clarify if this applies to us --"failed to apply for entry clearance within 28 days of their previous leaving expiring (even if they returned to the UK within 6 months)"
Any response and guidance on this will be most appreciated.
Thank you in advance.
