Long residence broke due to visa refusal. Am I still eligible?

Hey

I have been in the UK for 6 years since 2012 on different Tier 4 (General) and I'm soon starting my Master's course. Since I just found out the long residence routine I decide maybe I can give PHd (actually prefer this to work) a go to meet the 10 year requirement.

Once I left the UK on 27 June 2014, and due to my poor performance with my Alevels I had to complete a foundation course starting in January 2015. I applied my visa for the new course near the end of November in 2014, but my visa was rejected on 19/12/2014 and the reason was that my money was only in bank for 26 days instead of 28 days and that's because I (actually my agent) misunderstood that the 28 day rule WAS calculated til the day I submitted my visa application NOT to the day I attended my visa appointment. I applied again and refused again on 14/01/2015 because I used the same CAS that's used for my rejected visa. The third time my application was successful and I arrived in the UK on 01/02/2015 and till then I had left the UK for 219 days.

If I didn't get rejected for the first time and arrived here before 24/12/2014 I would not have broken the 180 days rule. Even though the day I got rejected (19/04/2014) was quite close to the day (24/12/2014) when reaching the 180 days, I was very likely to enter the UK ASAP due to my course was starting soon on 12/01/2015.

Will I have any luck if I complete a PHd course and apply for IRL?

As you said, you left the UK for 219 days so your residency is broken (over 180 days) and can only start to count from Feb 2015.

cyclina1 wrote: ↑

Tue Sep 11, 2018 11:19 am

As you said, you left the UK for 219 days so your residency is broken (over 180 days) and can only start to count from Feb 2015.

Thanks but don't know if you read the part that I attempted to return to the UK within 6 months, it was my agent who made the mistake with application documents to cause that refusal.
But if even that doesn't exempt me from the 6 month rule, ok then...

helpmeirl wrote: ↑

Fri Sep 21, 2018 11:35 pm

cyclina1 wrote: ↑

Tue Sep 11, 2018 11:19 am

As you said, you left the UK for 219 days so your residency is broken (over 180 days) and can only start to count from Feb 2015.

Thanks but don't know if you read the part that I attempted to return to the UK within 6 months, it was my agent who made the mistake with application documents to cause that refusal.
But if even that doesn't exempt me from the 6 month rule, ok then...

Your agent making a mistake is irrelevant. You were absent for more than 180 days. There is no exemption.

CR001 wrote: ↑

Sat Sep 22, 2018 11:47 am

helpmeirl wrote: ↑

Fri Sep 21, 2018 11:35 pm

cyclina1 wrote: ↑

Tue Sep 11, 2018 11:19 am

As you said, you left the UK for 219 days so your residency is broken (over 180 days) and can only start to count from Feb 2015.

Thanks but don't know if you read the part that I attempted to return to the UK within 6 months, it was my agent who made the mistake with application documents to cause that refusal.
But if even that doesn't exempt me from the 6 month rule, ok then...

Your agent making a mistake is irrelevant. You were absent for more than 180 days. There is no exemption.

I see. Wasn't really hope too much for this and only asked about it because I saw some cases online where there are people who were absent for more than 180 days, but they still got through for reasons they have (for example the government rejected one guy by mistake, and the the other guy had to go home because he was a young kid and it would be unreasonable for him to remain in UK during summer etc.)

Very few long residence ILR applications are successful with more than 180 days absence. They are usually ones that have exceptional and compassionate reasons, but not all get approved. Younger children studying in school here have also been refused for excessive absence, we have had quite a few members posting such refusals and circumstances.

Your reason, was your own error or your agent not understanding the rules. No exception for that unfortunately.