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Hi All,

I had a question regarding my break in lawful residence, I have read most of the Home Office guidelines and documents but still not fully convinced.

Here is my situation:

Arrived in UK on Aug07 with a student visa to study engineering, as my course was a year in industry course during my penultimate year I worked one year outside the UK (Aug09-Aug10) and then returned to complete my course.
I then applied for a Tier 4 and started my PhD and during my PhD I was again away for one year in US (Sep12-Sep13) as a part of my PhD research. I can get all documents from the university to prove that my leave was due the the course requirements.

While being away and during all my applications I have never overstayed or my visas have never expired. I am hoping to apply for ILR next year Jul-Aug17

My question is being outside the country for more than 6 months does it break my continuos residence or can discretion be exercised in my case.

Thank you for reading and look forward to a few replies. Thank you

-Jim

Hi Jim,

Did you get an answer to your query? I am in a similar situation and would appreciate some guidance.
Thanks!

A single continuous absence of longer than six months normally breaks the continuous residence under Long residence. They may excerise discretion, if there are exceptional circumstances.

Thanks Vinny.
So thats the question, wouldnt Phd study be considered an 'allowable absence' under 'absences must be for a reason consistent with the original purpose of entry', original purpose being to undertake a course for study?

https://www.gov.uk/government/uploads/s ... ds-v13.pdf

That guidance is not applicable to Long residence applications.

Indefinite leave to remain: calculating continuous period in UK wrote:Long residence
This guidance does not apply to the continuous period requirement in long residence cases. Separate guidance is available and you must refer to this, see related link:Long residence and private life.

An example of a refusal.