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Co-habitation documents

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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vizlax1
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Continuous Period Broken?

Post by vizlax1 » Wed Jan 08, 2020 6:22 pm

Hello,

My wife and I are trying to collect information in order to prepare to apply for her (Long Residence Route) ILR.

According to https://assets.publishing.service.gov.u ... 9.0ext.pdf:
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.


These are the relevant dates:
Masters Visa: 11/09/2010 - 26/01/2012
UK Entry for Masters: 13/09/2010
Left UK after Masters: 19/01/2012 (no leaving stamp in PP)
PhD Visa application (from Singapore): 28/02/2012
PhD Visa: 10/03/2012 - 09/08/2015

The period between 26/01/2012 and 28/02/2012 is more than 28 days due to circumstances beyond our control (We were waiting for a document from ATAS without which the PhD application would be incomplete). Does this mean that continuous residence was broken and she will be unable to apply for ILR before 2022?

Thank you in advance for your responses!

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Re: Continuous Period Broken?

Post by CR001 » Wed Jan 08, 2020 6:34 pm

The guidance link you are reading does NOT apply to long residence ilr applications. It is for ilr based on 5 years residence.
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Re: Continuous Period Broken?

Post by vizlax1 » Wed Jan 08, 2020 6:50 pm

Thanks for pointing this out! It's a relief indeed.

According to https://assets.publishing.service.gov.u ... 6.0ext.pdf
Continuous residence is considered to be broken if the applicant has:
• been absent from the UK for a period of more than 6 months at any one time
• spent a total of 18 months outside the UK throughout the whole 10 year period
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)


So in my wife's case, continuous residence has not been broken (since she left with valid leave to remain and entered with fresh grant of leave within 6 months of previous leave expiry, although the visa application was more than 28 days 'out of time')?
Would be grateful for a confirmation :)

Many thanks!

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Re: Continuous Period Broken?

Post by CR001 » Wed Jan 08, 2020 6:54 pm

Correct yes.
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Re: Continuous Period Broken?

Post by vizlax1 » Mon Jan 13, 2020 5:46 pm

Hello again,
I have a couple of other questions I trust you will be able to help with. Here are a few relevant dates:
First student Visa duration: 11/09/2010 - 29/01/2012
First Entry into UK: 13/09/2010
Left UK while leave to remain was valid: 19/01/2012
Second Student Visa applied from overseas: 28/02/2012 (date of online application)
Second Student Visa Duration: 10/03/2012 - 09/08/2015
Second Entry into UK as Student: 07/04/2012
Second Student Visa Extension application (from within UK): Valid until 18/10/2016 (date of issue 13/10/2016)

1. Based on the above dates, my earliest date of ILR (via Long Residence route) application should be calculated from 11/09/2010 (visa start date) or 13/09/2010 (date of entry)?
2. Does the period between 11/09/2010 and 13/09/2010 need to be added within the 540 days of allowed absence from the UK or should this be disregarded?
3. Does the period between 19/01/2012 and second entry as student need to be added to my list of absences, since I left the country to apply from overseas?
4. If 3 is yes, should the absence be calculated until 10/3/2012 (visa start date) or 07/04/2012 (date of entry for second student visa).
5. I think that my in-country extension application should not affect any of the 'absence' calculations or lawful continuous residence. Am not sure when I applied for this extension, but it was granted without any questions. The date of issue is 13/10/2016 (which is after the expiry of my second visa) - does this fall under 3C?

Thank you in advance for your help!

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Re: Continuous Period Broken?

Post by CR001 » Mon Jan 13, 2020 5:59 pm

1. Your ilr residence clock starts counting form the date you ENTERED the UK. You can apply no sooner than within 28 days before the 10th anniversary of entry date.

2. Not relevant as your visa issue date is not the starting point for long residence ilr.

3. Yea, because you were clearly absent until you re-entered the uk!!

4. Date if entry as that is what absence is, not visa issue date.

5. If you applied before visa expiry, then non-issue
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Re: Continuous Period Broken?

Post by vizlax1 » Mon Jan 13, 2020 7:44 pm

Thank you, CR001.

About applying no sooner than within 28 days before the 10th anniversary of entry date, I have seen some recent discussion on this topic and would like to clarify the following point:
Based upon my 1st date of entry 13/09/2010, the earliest I could apply is 16/08/2020 (28-days before 10th entry anniversary).
If I used the super Priority service to apply, the date of decision could be before I have completed the minimum 10 years residence in the UK. Does that mean my application could be refused or would the 28-day concession save me?

Thank you!

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Re: Continuous Period Broken?

Post by CR001 » Mon Jan 13, 2020 7:54 pm

Ho do actually know the rules and it is HO that gives the within 28 days concession to apply!!
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Re: Continuous Period Broken?

Post by vizlax1 » Mon Jan 13, 2020 7:59 pm

Sorry, didn't get you there. My confusion is about eligibility on the date of decision.

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Re: Continuous Period Broken?

Post by Amber » Mon Jan 13, 2020 8:04 pm

You can apply from 28 days before you complete 10 lawful and continuous years in the UK, from the date you were first in the UK in that 10 year period. CR001 has made that very clear!
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Re: Continuous Period Broken?

Post by vizlax1 » Mon Jan 13, 2020 8:08 pm

Thanks both! My intention was to be doubly certain.

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Re: Continuous Period Broken?

Post by vizlax1 » Fri Feb 14, 2020 12:01 pm

Hi all,

Would I be able to leave the country and re-enter once I have applied for ILR (long residence) if this is still under review? I will have a valid tier 1 dependent visa for the re-entry.

Thank you.

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Re: Continuous Period Broken?

Post by CR001 » Fri Feb 14, 2020 12:57 pm

vizlax1 wrote:
Fri Feb 14, 2020 12:01 pm
Hi all,

Would I be able to leave the country and re-enter once I have applied for ILR (long residence) if this is still under review? I will have a valid tier 1 dependent visa for the re-entry.

Thank you.
No. If you leave the UK while an application is pending, it will be considered withdrawn and you lose your fee.
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Co-habitation documents

Post by vizlax1 » Sat Jul 11, 2020 6:51 pm

Hello,

My wife will apply for ILR via the Long Residence route in August 2020. I have a couple of questions about the two years' co-habitation documents that we must provide.

Between Aug 2018 and Oct 2018, we are not living together as we were working in different cities. As a result we have no documents at the same address for this period. We started living together once again from Nov 2018.

How much of an issue is this? Should she explain this in the cover letter with evidence of why we were in different cities?
Prior to the time she moved to a different city, we have evidence of co-habitation. Should we provide this?

Thank you in advance!

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Re: Co-habitation documents

Post by CR001 » Sat Jul 11, 2020 6:58 pm

I have a couple of questions about the two years' co-habitation documents that we must provide
.
There is NO Requirement to submit this for ILR based on long residence.
How much of an issue is this? Should she explain this in the cover letter with evidence of why we were in different cities?
No and no.
Prior to the time she moved to a different city, we have evidence of co-habitation. Should we provide this?
Why are you wanting to submit evidence that is not required and totally unnecessary for form SET LR??
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Re: Co-habitation documents

Post by seagul » Sat Jul 11, 2020 6:59 pm

vizlax1 wrote:
Sat Jul 11, 2020 6:51 pm
Hello,

My wife will apply for ILR via the Long Residence route in August 2020. I have a couple of questions about the two years' co-habitation documents that we must provide.

Between Aug 2018 and Oct 2018, we are not living together as we were working in different cities. As a result we have no documents at the same address for this period. We started living together once again from Nov 2018.

How much of an issue is this? Should she explain this in the cover letter with evidence of why we were in different cities?
Prior to the time she moved to a different city, we have evidence of co-habitation. Should we provide this?

Thank you in advance!
Set (lr) doesn't required cohabitation evidences due to not allow any inclusion of dependants.
The opinion expressed as above is neither a professional advice nor contesting/competing to other member's opinion/advice.

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Re: Co-habitation documents

Post by vizlax1 » Sat Jul 11, 2020 7:02 pm

Oops, I must have been trying to fill in the wrong application form on the gov.uk website then!

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Re: Co-habitation documents

Post by CR001 » Sat Jul 11, 2020 7:06 pm

vizlax1 wrote:
Sat Jul 11, 2020 7:02 pm
Oops, I must have been trying to fill in the wrong application form on the gov.uk website then!
Likely Set O or Set M, which are not for long residence ilr, which is Set LR.
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Re: Co-habitation documents

Post by vizlax1 » Sat Jul 11, 2020 7:24 pm

Turns out that i have indeed been filling Set (LR). When i save the application to return to the link later, the link in my email confirms that it is 'Set (LR)'.
I can only assume that that co-habitation documents were requested due to the section for current partner and partner's details!
This is the link i used: https://www.gov.uk/long-residence/apply-to-settle

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Re: Co-habitation documents

Post by CR001 » Sat Jul 11, 2020 7:28 pm

They are not required. The checklist is generic. Follow UK is rules and guidance and not the online checklist.

She only needs passports for the whole 10 years, including the one she used to initially enter the uk, liuk, English requirment and current Brp card. That's it.
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Re: Co-habitation documents

Post by vizlax1 » Sat Jul 11, 2020 7:42 pm

Thank you!
I shall refer to: https://assets.publishing.service.gov.u ... 6.0ext.pdf and the corresponding immigration rules 276A - D

Thank you for your guidance :)

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