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Hi all,

I am a newbie here just saw a lot of useful information from this forum. I was reading a post regarding Tier 1 E appeal refusal and 10 years long residency. ( "Appeal refusal- Re-apply-10 year long residency" http://www.immigrationboards.com/viewto ... sc&start=0)
People in this post mostly believe that when there is a appeal refusal, the 10 years will be broken.

Here is my question:

In case my T1 E visa get a refusal from the HO, in stead of appealing, I decide to return to my home country within 28 days,(I am currently on PSW and it will be expired by the time a decision is made from the Home Office) then re apply to come to the UK from another routine within 180 days of leaving (i.e. Tier 4 student) Will this have any impact on my long residency?

I have been in the UK for 7 years +, was thinking of either to start a business or carry on doing a PhD. My concern is, if my T1 Entrepreneur routine get a refusal, will I still be able to do the PhD without breaking a continuous 10 years residency?

I hope people who have experience is willing to help me out on this problem. I have checked some documents regarding the 10 years long residency but could not find an answer.Also whoever had the similar concerns are more than welcome to post your ideas here.

Thanks!

as long u will leave before ur current leave expire and come back within 180days, no matter which visa, ur leave will not be broken.

Darvesh wrote:as long u will leave before ur current leave expire and come back within 180days, no matter which visa, ur leave will not be broken.

Darvesh thanks for your reply. Yes you are right. Your point is clear to me.

My point is, my PSW is expiring soon next month. I will send my application before it is expired, but by the time a refusal decision is made by the Home Office, my current leave to remain(PSW) will be expired definitely. So this means I have spent time in the UK waiting for a decision without a valid visa. I will not choose to appeal and I will go back to my home country within 28 days as requested. Then I will re apply to come back to the UK within 180 days. If I managed to have my application successfully, it means my 10 years is broken or not?

Hi Darvesh, you're right! As long as he has valid visa while leaving and entering UK and absence is less than 180 days, the long residency will not be broken but is there any condition on the time limit to apply for entry clearance? I mean does the new entry clearance have to be within 28 days of visa expiry? Or there is no time limit as long as the absence is less than 180 days?
Thank you

You need to find out more about 'varying' your application from T1E to ILR(LR), without having to leave the country and without breaking your 10 years. Go over to ILR section of this board for help.

Or may be not yet...

wpilr_nov12 wrote:You need to find out more about 'varying' your application from T1E to ILR(LR), without having to leave the country and without breaking your 10 years. Go over to ILR section of this board for help.

My point is, my PSW is expiring soon next month. I will send my application before it is expired, but by the time a refusal decision is made by the Home Office, my current leave to remain(PSW) will be expired definitely. So this means I have spent time in the UK waiting for a decision without a valid visa. I will not choose to appeal and I will go back to my home country within 28 days as requested. Then I will re apply to come back to the UK within 180 days. If I managed to have my application successfully, it means my 10 years is broken or not?

If you apply for Tier 1 Ent, before your PSW expires and it refuses (no matter how long UKBA takes to make decision) then you will be given 28 days to leave the country and you leave within the given time then your 180 days will count from the day you left the country. If you re-enter with in 180 days, then your long residency should be fine


Please correct me if am wrong

searoze wrote:If you apply for Tier 1 Ent, before your PSW expires and it refuses (no matter how long UKBA takes to make decision) then you will be given 28 days to leave the country and you leave within the given time then your 180 days will count from the day you left the country.

Section 3C protection will end on the 10th day following the receipt of refusal. Beyond that day, the applicant will be an overstayer in the UK. If the applicant leaves UK as an overstayer .... 10 year ILR goes down the drain .. even if he returns to the UK within 180 days on a valid leave.

And, there are no 28 days given by UKBA to exit UK!! So, stop believing in a myth.

Hi Sushdmehta, could you please kindly clarify if there is any condition on the time limit to apply for entry clearance from back home? I mean if a person leaves UK a day before his visa expires and enters UK with valid visa and his absence is less than 180 days, the long residency does not break BUT does the new entry clearance from back have to be within 28 days of visa expiry? Or there is no time limit as long as the absence is less than 180 days?

The reason I'm worried about it is because there was no way for me to apply within 28 days from back home because rules changed and I had to maintain maintenance funds for 28 days back home to extend my student visa for MSc degree.

Thank you very much for guidance

Section 3C protection will end on the 10th day following the receipt of refusal. Beyond that day, the applicant will be an overstayer in the UK.

10 working days are to lodge an appeal following a refusal (If you given right to appeal)

Section 3C extends your stay while your application or appeal is not been decided. If you do not appeal after refusal, you have 28 days (known as Grace period) to leave the country

The 28 day period of overstaying is calculated from the latest of the:
 end of the last period of leave to enter or remain granted
 end of any extension of leave under sections 3C or 3D of the Immigration Act 1971, or
 point a migrant is deemed to have received a written notice of invalidity, in line with
paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application
for leave to remain.

Please look at page 25 of THIS DOCUMENT

Please correct me if wrong

searoze wrote:The 28 day period of overstaying is calculated from the latest of the:
 end of the last period of leave to enter or remain granted
 end of any extension of leave under sections 3C or 3D of the Immigration Act 1971, or
 point a migrant is deemed to have received a written notice of invalidity, in line with
paragraph 34C or 34CA of the Immigration Rules, in relation to an in-time application
for leave to remain.

Remember the word "overstaying" in the text you have quoted.

Now,
1. Long residence - If you are refused and you do not a submit an appeal (10 days) one becomes an overstayer from the 11th day. If someone leaves UK as an "overstayer" his/her continuous residence is broken for the purpose of settlement under long residence. Read the long residence policy guidance.

2. The so called 28 days "grace" period - If you "overstay" for 28 days then a leave to enter / leave to remain application will not be refused for such overstay. This doesn't mean that one was "not an overstayer" or that the "28 days stay is legal" but just that these 28 days overstay as an "illegal migrant" will not be held against you ... but you will always have to mention that you overstayed in the UK in any immigration application (of UK and any other country whose application may ask so). Read the immigration rules for any category that you can think of. It doesn't mean you are given 28 days to leave, you can leave even after 6 months .... but if you leave within 28 days your chances to return are not influenced.

Hi guys,
Could you please take a moment and kindly reply to my query above?

Thank you very much

Or there is no time limit as long as the absence is less than 180 days?

No matter when you apply, if you back within 180 days you should be fine

Please read long residence policy guidance

Please see page 13 of This Document

Searoze, Thank you for clarification.