Meesha wrote:Dear all,
Can anyone please answer the follwoing questions
1: if someone goes back to home country to get student visa, will it break 10 years long residence?
2: if student visa gets refused, will it break 10 years long residence.
Thanks a lot
Hi Meesha,
I was in this same situation you are asking about. My ILR is on process and I'm waiting stressing..
My lawyer advised,
1. If you go out of country, with no visa to come back (i.e you go back when your current visa expires) to apply new visa and come, then there is a break. Because you cant get back until get a new visa and new visa if get or not is uncertain.
However, if you go before your current visa finishes, apply new visa and come back, it is not a break.
2. Same applies. If it gets rejected before your current visa was due to finish, then you would appeal and if appeal work, then I think it would be OK (this is the same case with me too so I'm awaiting anxiously

)
I explain you my case so it'd be easier to understand:
I switch category from WP dependent to Tier 4. so went home in 2009
However our visa was due to finish 2009 End June. I went a month before.
I applied Tier 4 visa soon after.
But this was rejected early June.
I put my application for Admin Review (July I think) within the 28 days period or whatever time they allowed.
Thankfully my appeal was successful - in September!!
So my question was the same if I could apply for ILR or not
Many lawyers were telling me there is a break so it wont work.
However only 1 lawyer pointed out to me that I have gone before my 2009 June visa expired and have made a new application before that too. This was wrongly rejected as well by them as my admin review was successful. So he said I could apply under 10 year continuous stay.
So I made my ILR. Don't know if its straightforward case or not, don't know if they would see it as I see it (ie: No break as they wrongly rejected me too)
But really hoping for it to work!!!
Hope this helps.
Btw, if any one know some one who's been in similar situation (switching category from home) and their ILR worked pl share.
I have followed all recent posts but not seen any cases like that. I think all were switched within UK therefore no apparent discontinuation (as in my case
)