2 months gap between visas

for the 10 year route
A close relative is applying, but after his second year of residency ( on tier 4 visa) he left the country when his visa expired. He stayed outside the UK for exactly 2 months and came back after with a new tier 4 visa. the rest of his 10 years are unremarkable.

Will this gap in residency affect him at all. Can he start counting the 10 year stay from his first teir 4 visa or does he need to start counting from his second.

Tripolitania wrote: ↑

Fri May 17, 2024 11:13 am

for the 10 year route
A close relative is applying, but after his second year of residency ( on tier 4 visa) he left the country when his visa expired. He stayed outside the UK for exactly 2 months and came back after with a new tier 4 visa. the rest of his 10 years are unremarkable.

Will this gap in residency affect him at all. Can he start counting the 10 year stay from his first teir 4 visa or does he need to start counting from his second.

So the keypoint here would be clarity.
When his visa expired (How far into it)
Whilst his visa was expiring ( A few days before it expired, or even the last day of validity)
Or before his visa expired (well before it expired)

Depends on when the Tier 4 application was made, after he left the UK:

E-ILRP.1.5A. In calculating the periods under paragraph E-ILRP.1.3., any current period of overstaying will be disregarded where paragraph 39E of these Rules applies. Any previous period of overstaying between periods of leave will also be disregarded where: the further application was made before 24 November 2016 and within 28 days of the expiry of leave; or the further application was made on or after 24 November 2016 and paragraph 39E of these Rules applied.

If further application was made on or after 24 November 2016, then it should have been lodged within 14 days as per paragraph 39E

thank you both

so the visa expired on the 4th of Nov 2016 and he left the country on the 3rd of Nov.
He did not overstay. He went back home and applied to visa and came back to the UK on the 27th of Dec.

Tripolitania wrote: ↑

Fri May 17, 2024 11:56 pm

thank you both

so the visa expired on the 4th of Nov 2016 and he left the country on the 3rd of Nov.
He did not overstay. He went back home and applied to visa and came back to the UK on the 27th of Dec.

Then there is no issue as if you leave the UK with a valid visa an return within 6 months, the lawful continuous residence is maintained