Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU
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UKDEEART
- Newly Registered
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- Joined: Thu Jun 01, 2017 7:19 am
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by UKDEEART » 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.
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vinny
- Moderator
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- Joined: Tue Sep 25, 2007 8:58 pm
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by vinny » Wed Feb 03, 2021 3:11 am
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)
If you had valid leave to remain on your departure, then the above requirement of applying for entry clearance within 28 days does not apply.
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.
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UKDEEART
- Newly Registered
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- Joined: Thu Jun 01, 2017 7:19 am
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by UKDEEART » Wed Feb 03, 2021 11:20 am
vinny wrote: ↑Wed Feb 03, 2021 3:11 am
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)
If you had valid leave to remain on your departure, then the above requirement of applying for entry clearance within 28 days does not apply.
vinny wrote: ↑Wed Feb 03, 2021 3:11 am
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)
If you had valid leave to remain on your departure, then the above requirement of applying for entry clearance within 28 days does not apply.
Thank you, Vinny. your quick response is much appreciated.
Just to clarify and so I understand correctly - the 28-day rule applies only for those who overstayed?
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CULLINAN
- Respected Guru
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- Joined: Wed Sep 13, 2017 10:51 pm
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by CULLINAN » Wed Feb 03, 2021 11:37 am
Yes
Personal opinion only, not to be mistaken for legal advice. Please DO NOT PM me for immigration advice. Love for All, Hatred for None.
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poper
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by poper » Wed Feb 03, 2021 11:37 am
Any suggestions I make in the forum are out my personal experience and should not be taken as a legal/professional advise.
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vinny
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- Joined: Tue Sep 25, 2007 8:58 pm
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by vinny » Wed Feb 03, 2021 11:44 am
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.
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UKDEEART
- Newly Registered
- Posts: 6
- Joined: Thu Jun 01, 2017 7:19 am
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by UKDEEART » Wed Feb 03, 2021 11:59 am
UKDEEART wrote: ↑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.
Thank you for all the repsonses
