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Switching from home country and break of residence

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Zerubbabel
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Switching from home country and break of residence

Post by Zerubbabel » Mon Sep 02, 2019 11:35 am

I see that in many situations, to switch visa, it's necessary to go back home, apply from there then return on the new status/route.

Question: does this break the continuous residency for the purpose of applying for a permanent residence later?

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CR001
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Re: Switching from home country and break of residence

Post by CR001 » Mon Sep 02, 2019 12:17 pm

Zerubbabel wrote:
Mon Sep 02, 2019 11:35 am
I see that in many situations, to switch visa, it's necessary to go back home, apply from there then return on the new status/route.

Question: does this break the continuous residency for the purpose of applying for a permanent residence later?
This is a vary wide ranging question and each visa category has specific rules and requirements. There is no 'blanket' 'one size fits all' approach.

Only certain visas under the UK immigration rules require applications to be done from abroad.

You also cannot mix and match visa categories to make up 5 years for Indefinite Leave to Remain. You need 5 years in one visa category.
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Zerubbabel
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Re: Switching from home country and break of residence

Post by Zerubbabel » Mon Sep 02, 2019 12:25 pm

You also cannot mix and match visa categories to make up 5 years for Indefinite Leave to Remain. You need 5 years in one visa category.
Thank you!!! That was the heart of my question really. I was thinking if it's possible to mix and match time spent under different visas.

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CR001
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Re: Switching from home country and break of residence

Post by CR001 » Mon Sep 02, 2019 12:26 pm

Zerubbabel wrote:
Mon Sep 02, 2019 12:25 pm
You also cannot mix and match visa categories to make up 5 years for Indefinite Leave to Remain. You need 5 years in one visa category.
Thank you!!! That was the heart of my question really. I was thinking if it's possible to mix and match time spent under different visas.
It is only possible to use different visa categories, including visitor visas, for ILR based on 10 years long residence.
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Zerubbabel
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Re: Switching from home country and break of residence

Post by Zerubbabel » Mon Sep 02, 2019 12:35 pm

But they have to be back to back, don't they? I mean each visa must have been applied for before the end of the previous one to avoid interruption of residence. Is that right?

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Re: Switching from home country and break of residence

Post by CR001 » Mon Sep 02, 2019 12:42 pm

No. A person can leave the UK with a valid visa, it can expire and they apply for something else abroad and return within 180 days, then continuity is not broken. They can't keep doing this though as there are restrictive absence limits for long residence ilr.
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Re: Switching from home country and break of residence

Post by secret.simon » Mon Sep 02, 2019 1:20 pm

No single absence must exceed 180 days and total absence must not exceed 540 days across all 10 years, for ILR Long Residence.
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