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I want to apply for ILR (on basis of 10 years’ continuous stay) but not sure if my continuous stay is broken.. and if I should proceed for application.

Currently, I am in the UK on Tier 1 work-permit, that expires in 2014.

I first came to the UK on 8th September 2002 on student visa. I kept extending my student-visa while being in the UK as I did multiple courses. When I finished my course, I left the UK on 27th October 2008 (then the student visa was valid until 31th October 2009).
While in India, I got another entry-clearance visa (Post-Study Tier 1 visa) on 3rd March 2009 and then I came back to the UK to work on 20th March 2009.

Please suggest? Has the 10 years’ continuous lawful residence been broken in that case? If so, why?

I hope, not.

godfather.rocks wrote:I want to apply for ILR (on basis of 10 years’ continuous stay) but not sure if my continuous stay is broken.. and if I should proceed for application.

Currently, I am in the UK on Tier 1 work-permit, that expires in 2014.

I first came to the UK on 8th September 2002 on student visa. I kept extending my student-visa while being in the UK as I did multiple courses. When I finished my course, I left the UK on 27th October 2008 (then the student visa was valid until 31th October 2009).
While in India, I got another entry-clearance visa (Post-Study Tier 1 visa) on 3rd March 2009 and then I came back to the UK to work on 20th March 2009.

Please suggest? Has the 10 years’ continuous lawful residence been broken in that case? If so, why?

I hope, not.

No, Because you had valid leave on the date of your departure and on the date of your return to the UK, and it within six months. See the guidance.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thanks for prompt response dreamfriend!

I had gone through the document you suggested. But the doubt as I couldn't find any totally relevant example.

Also that someone suggested that me I had two entry clearances to UK so continuous stay is broken.. 1st - during my visit in 2002 when I came as student.. and then 2nd - when I came back to the UK on PSW visa in 2009.

I think he is wrong and spreading rumours - but just want to be sure?

Also that - please clarify regarding documents to be submitted? I think, I just need to submit following regarding this postal-application:

• application-form,
  all passports covering last 10 years,
  2 photographs,
  Visa BRP card,
  list about absences from the UK,
  and Life in the UK Test Pass Certificate.

You left on 27th of October 2008 and returned 20th of March 2009 So its within six month. So your continuous lawful residence was not broken.

It does not matter if there are more then one entry clearances. It has to be with in six month leave and entry date. "Continuous residence is not broken as the applicant had valid leave both when they left and returned to the UK"

Continuous residence is considered to be broken if the applicant has:

"been absent from the UK for a period of more than six months at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK"

Thanks dreamfriend..! That surely assures me.

Can you (or somebody else) please confirm regarding documents required as well?

godfather.rocks wrote:Thanks dreamfriend..! That surely assures me.

Can you (or somebody else) please confirm regarding documents required as well?

Hi,

The documents you mentioned above are sufficient to support your SET(0) application on 10 years lawful stay basis.
Wish you good luck,

Graceofgod wrote:

godfather.rocks wrote:Thanks dreamfriend..! That surely assures me.

Can you (or somebody else) please confirm regarding documents required as well?

Hi,

The documents you mentioned above are sufficient to support your SET(0) application on 10 years lawful stay basis.
Wish you good luck,

Also do not forget to enclose photocopies of passports pages with stamps and visas on, BRP, and LIUK pass notification letter.

Yeah.. will post the photo-copies as well.

Thanks a lot guys..!! Hope to make the application in about 1 week.

dreamfriend wrote:

godfather.rocks wrote:I want to apply for ILR (on basis of 10 years’ continuous stay) but not sure if my continuous stay is broken.. and if I should proceed for application.

Currently, I am in the UK on Tier 1 work-permit, that expires in 2014.

I first came to the UK on 8th September 2002 on student visa. I kept extending my student-visa while being in the UK as I did multiple courses. When I finished my course, I left the UK on 27th October 2008 (then the student visa was valid until 31th October 2009).

While in India, I got another entry-clearance visa (Post-Study Tier 1 visa) on 3rd March 2009 and then I came back to the UK to work on 20th March 2009.

Please suggest? Has the 10 years’ continuous lawful residence been broken in that case? If so, why?

I hope, not.

No, Because you had valid leave on the date of your departure and on the date of your return to the UK, and it within six months. See the guidance.

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Just noticed that I mentioned the dates wrong in my original email - my student-visa was valid untill 31st Oct 2008, not 31st Oct 2009.

Correct dates will be: 'when I finished my course, I left the UK on 27th October 2008 (then the student visa was valid until 31th October 2008). And while in India, I got another entry-clearance visa (Post-Study Tier 1 visa) on 3rd March 2009 and then I came back to the UK to work on 20th March 2009.

Does this change anything? I hope I still qualify for extension.

Someone please suggest???

dreamfriend wrote:You left on 27th of October 2008 and returned 20th of March 2009 So its within six month. So your continuous lawful residence was not broken.

It does not matter if there are more then one entry clearances. It has to be with in six month leave and entry date. "Continuous residence is not broken as the applicant had valid leave both when they left and returned to the UK"

Continuous residence is considered to be broken if the applicant has:

"been absent from the UK for a period of more than six months at any one time, or is absent from the UK for a shorter period but does not have valid leave to enter the UK on their return, or valid leave to remain on their departure from the UK"

Note that leave is not required when you are outside the UK. You had valid leave when exiting and entering the UK, within six months.

Thanks vinny. But your response was to the old reply from dreamfriend.

Can you please relook into my post with corrected-dates and suggest if continuous stay is still valid?

vinny wrote:Note that leave is not required when you are outside the UK. You had valid leave when exiting and entering the UK, within six months.

Did the corrected dates make any of the above false?

vinny wrote:

vinny wrote:Note that leave is not required when you are outside the UK. You had valid leave when exiting and entering the UK, within six months.

Did the corrected dates make any of the above false?

No it didn't.

Then your continuous stay should still be okay.

Thanks all. Application posted.

Duao main yaad rakhna..