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Absences which will not break continuity in the continuous period

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, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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lj_86
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Absences which will not break continuity in the continuous period

Post by lj_86 » Mon Jul 27, 2020 3:35 pm

Hi All,

Bearing in mind rather awkward situation we are all in, I was planning to apply for ILR as soon as I can. However, I have some doubts with regards to when this actually is, and I was hoping that someone could kindly clear my doubts.

Basically, my Tier 2 Visa (or entry clearance) was issued on 9 November 2015, and I entered the UK on 3 December 2015. I picked up my BRP, signed the contract with my employer (with my employment starting on 11 January 2016), and I left the UK on 5 December 2015. I then re-entered the UK on 7 January 2016, and since then I have had no major absences from the UK.

Now, what I am not sure if the period from 5 December 2015 until 7 January 2016 is considered an absence which does not break continuity of residence? I know that I should be good for the period between the issue of entry clearance and entering the UK, but I then left the UK again and re-entered just before my employment start date. Any advice?

Thanks,
Luis

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CR001
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Re: Absences which will not break continuity in the continuous period

Post by CR001 » Mon Jul 27, 2020 3:44 pm

Your qualifying period for ILR starts from the date your initial visa was issued, i.e. 9th November if that is what your visa vignette states.
Char (CR001 not Casa)
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lj_86
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Joined: Mon Jul 27, 2020 3:19 pm
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Re: Absences which will not break continuity in the continuous period

Post by lj_86 » Mon Jul 27, 2020 4:08 pm

CR001 wrote:
Mon Jul 27, 2020 3:44 pm
Your qualifying period for ILR starts from the date your initial visa was issued, i.e. 9th November if that is what your visa vignette states.
Thanks for replying so quickly!

So you don't think that the fact I left the UK immediately upon entry breaks the continuity of my residence?

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CR001
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Re: Absences which will not break continuity in the continuous period

Post by CR001 » Mon Jul 27, 2020 4:11 pm

lj_86 wrote:
Mon Jul 27, 2020 4:08 pm
So you don't think that the fact I left the UK immediately upon entry breaks the continuity of my residence?
No.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

lj_86
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Posts: 6
Joined: Mon Jul 27, 2020 3:19 pm
United Kingdom

Re: Absences which will not break continuity in the continuous period

Post by lj_86 » Mon Jul 27, 2020 4:13 pm

CR001 wrote:
Mon Jul 27, 2020 4:11 pm
lj_86 wrote:
Mon Jul 27, 2020 4:08 pm
So you don't think that the fact I left the UK immediately upon entry breaks the continuity of my residence?
No.
Thanks a lot!

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