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ILR via Long residence count break or not

Please use this section of the board for queries about Indefinite Leave to Remain (ILR). However please use the EEA-route section for queries about the EEA-route equivalent of Permanent Residence (PR).


This section is relevant irrespective of whether current status is Tiered or Non-Tiered.

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czay Stha
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ILR via Long residence count break or not

Post by czay Stha » Thu Sep 12, 2019 11:23 am

Hi,

I am new to this page but I had heard about this page and used to read a lot. Now I myself got some issue as I am nearing for my ILR application through long residency. I wan to know If my residency is broken or continuous . I arrived in UK on 10th of Nov 2009 in tier 4 student (Visa was valid from 15/09/09). I have been out of the country for twice during this 10yrs period first for 33days and second for 60days. With in this 10yrs I have been issued visa 5times. Even though I received the 60days letter due to revoked colleges applied to next and got visa. My only problem was for the last time when applied for the visa my university said I have to go back to Nepal to extend my visa so they can issues me a CAS. So I went back to my country on 20th Nov 2016 but my visa was going to expire on 05th of dec 2016. But I applied visa back with in 18days after my visa expires on 23rd of dec 2016 and was granted entry clearance on 6th of jan 2017 and I was back to the uk on 21st of jan 2017. Now I am confused that if I have broke the continuous residency or not. At the time when I was leaving I had done some research and they said I can leave and come back with in 180days but I have to apply for my visa with in 28days after my previous visa expires.

So, Can some one please help me and let me know if I break the continuous residency or not.

Thanks in advance.
Czay

dan883
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Re: ILR via Long residence count break or not

Post by dan883 » Thu Sep 12, 2019 12:38 pm

czay Stha wrote:
Thu Sep 12, 2019 11:23 am
Hi,

I am new to this page but I had heard about this page and used to read a lot. Now I myself got some issue as I am nearing for my ILR application through long residency. I wan to know If my residency is broken or continuous . I arrived in UK on 10th of Nov 2009 in tier 4 student (Visa was valid from 15/09/09). I have been out of the country for twice during this 10yrs period first for 33days and second for 60days. With in this 10yrs I have been issued visa 5times. Even though I received the 60days letter due to revoked colleges applied to next and got visa. My only problem was for the last time when applied for the visa my university said I have to go back to Nepal to extend my visa so they can issues me a CAS. So I went back to my country on 20th Nov 2016 but my visa was going to expire on 05th of dec 2016. But I applied visa back with in 18days after my visa expires on 23rd of dec 2016 and was granted entry clearance on 6th of jan 2017 and I was back to the uk on 21st of jan 2017. Now I am confused that if I have broke the continuous residency or not. At the time when I was leaving I had done some research and they said I can leave and come back with in 180days but I have to apply for my visa with in 28days after my previous visa expires.

So, Can some one please help me and let me know if I break the continuous residency or not.

Thanks in advance.
Czay
Continuous residency continued as you came back before 6 months.

Good Luck.

czay Stha
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Re: ILR via Long residence count break or not

Post by czay Stha » Thu Sep 12, 2019 1:01 pm

Thank you very much dan883 for your reply but what I was concern about was I left the uk with valid visa but my visa expires while I was outside of the uk but I reapply with in 18days after my visa expires and came back with in 60days. is this still continuous.

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seagul
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Re: ILR via Long residence count break or not

Post by seagul » Thu Sep 12, 2019 8:14 pm

czay Stha wrote:
Thu Sep 12, 2019 1:01 pm
Thank you very much dan883 for your reply but what I was concern about was I left the uk with valid visa but my visa expires while I was outside of the uk but I reapply with in 18days after my visa expires and came back with in 60days. is this still continuous.
You left with valid visa despite the visa/curtailment deadline expired at abroad and reentered with valid visa within 180 days, therefore, continuous residence wasnt broken.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

czay Stha
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Re: ILR via Long residence count break or not

Post by czay Stha » Thu Sep 12, 2019 9:39 pm

seagul wrote:
Thu Sep 12, 2019 8:14 pm
czay Stha wrote:
Thu Sep 12, 2019 1:01 pm
Thank you very much dan883 for your reply but what I was concern about was I left the uk with valid visa but my visa expires while I was outside of the uk but I reapply with in 18days after my visa expires and came back with in 60days. is this still continuous.
You left with valid visa despite the visa/curtailment deadline expired at abroad and reentered with valid visa within 180 days, therefore, continuous residence wasnt broken.
Hi, Thank you very much for the reply. My concern is there was some rule that we have to apply with in 28 days of after the visa expires. I also heard that the rule was changed and made 14 days after the visa expires that we have to re apply. can you please make this clear to me as well.

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seagul
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Re: ILR via Long residence count break or not

Post by seagul » Thu Sep 12, 2019 9:40 pm

czay Stha wrote:
Thu Sep 12, 2019 9:39 pm
seagul wrote:
Thu Sep 12, 2019 8:14 pm
czay Stha wrote:
Thu Sep 12, 2019 1:01 pm
Thank you very much dan883 for your reply but what I was concern about was I left the uk with valid visa but my visa expires while I was outside of the uk but I reapply with in 18days after my visa expires and came back with in 60days. is this still continuous.
You left with valid visa despite the visa/curtailment deadline expired at abroad and reentered with valid visa within 180 days, therefore, continuous residence wasnt broken.
Hi, Thank you very much for the reply. My concern is there was some rule that we have to apply with in 28 days of after the visa expires. I also heard that the rule was changed and made 14 days after the visa expires that we have to re apply. can you please make this clear to me as well.
It applies to in country applications.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

czay Stha
Newly Registered
Posts: 5
Joined: Thu Sep 12, 2019 10:54 am

Re: ILR via Long residence count break or not

Post by czay Stha » Thu Sep 12, 2019 9:45 pm

seagul wrote:
Thu Sep 12, 2019 9:40 pm
czay Stha wrote:
Thu Sep 12, 2019 9:39 pm
seagul wrote:
Thu Sep 12, 2019 8:14 pm
czay Stha wrote:
Thu Sep 12, 2019 1:01 pm
Thank you very much dan883 for your reply but what I was concern about was I left the uk with valid visa but my visa expires while I was outside of the uk but I reapply with in 18days after my visa expires and came back with in 60days. is this still continuous.
You left with valid visa despite the visa/curtailment deadline expired at abroad and reentered with valid visa within 180 days, therefore, continuous residence wasnt broken.
Hi, Thank you very much for the reply. My concern is there was some rule that we have to apply with in 28 days of after the visa expires. I also heard that the rule was changed and made 14 days after the visa expires that we have to re apply. can you please make this clear to me as well.
It applies to in country applications.
Continuation of lawful leave during
absences from the UK
This section tells you about lawful leave which continues whilst absent from the UK.
The continuous period is only maintained in certain circumstances. The relevant rules you must apply depend on the Immigration Rules in place at the time the break occurred.
Pre 24 November 2016
The continuous period is maintained if the applicant either:
• leaves the UK with or without valid leave, but applies for new entry clearance within 28 days of their leave expiry date, is granted and re-enters the UK using that entry clearance
• leaves the UK with valid leave and re-enters the UK whilst that leave remains valid
If the applicant’s leave expires whilst they are outside the UK and they apply for new entry clearance more than 28 days after their previous leave expires, the continuous period is broken and leave is not aggregated.
On or after 24 November 2016
The continuous period is maintained if the applicant either:
• leaves the UK with valid leave, applies for entry clearance before their leave expires, is granted and re-enters the UK using that entry clearance
• applies for new entry clearance within 14 days of their leave expiry date, one of the circumstances below applies, their application is granted and they re-enter the UK using that entry clearance.

I copied this from
https://assets.publishing.service.gov.u ... -v18.0.pdf

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Zimba
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Re: ILR via Long residence count break or not

Post by Zimba » Thu Sep 12, 2019 11:35 pm

The guide you quoted does NOT apply to long residence ILR applications :!: :!:
Didn't you read the part that clearly mentions 'Categories covered by this guidance' where there is no long residence ??!
This is the guide you need: https://www.gov.uk/government/publicati ... -residence
Continuous residence is not considered broken if the applicant:

• is absent from the UK for 6 months or less at any one time
had existing leave to enter or remain when they left and when they returned – this can include leave gained at port when returning to the UK as a non-visa national
• departed the UK before 24 November 2016, but after the expiry of their leave to remain, and applied for fresh entry clearance within 28 days of that previous leave expiring, and returned to the UK within 6 months
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

czay Stha
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Re: ILR via Long residence count break or not

Post by czay Stha » Fri Sep 13, 2019 11:58 am

Zimba wrote:
Thu Sep 12, 2019 11:35 pm
The guide you quoted does NOT apply to long residence ILR applications :!: :!:
Didn't you read the part that clearly mentions 'Categories covered by this guidance' where there is no long residence ??!
This is the guide you need: https://www.gov.uk/government/publicati ... -residence
Continuous residence is not considered broken if the applicant:

• is absent from the UK for 6 months or less at any one time
had existing leave to enter or remain when they left and when they returned – this can include leave gained at port when returning to the UK as a non-visa national
• departed the UK before 24 November 2016, but after the expiry of their leave to remain, and applied for fresh entry clearance within 28 days of that previous leave expiring, and returned to the UK within 6 months
Does it mean that my long residency is broken or not.

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Zimba
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Re: ILR via Long residence count break or not

Post by Zimba » Fri Sep 13, 2019 1:27 pm

NO You already been given the answer to that above. I simply wanted to pointed out the document you found is not relevant :!:
Advice is given based on my personal research and experience only. DO NOT contact me via private messages for advice

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