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Set(LR)

Posted: Wed Mar 22, 2017 6:53 pm
by AAMER12
Hi Moderators,
I have a query if someone please help ill be very great full
we wife arrived in Aug 2007 in UK on student visa since then she is continuously extended her visa in time except at one spot in 2012 she went to pakistan and applied as tier one general dependent visa .
on that stage when she went to pakistan she had valid visa but due to some documentation requirement she applied after 29 days for further to leave to remain and got new visa within 68 days so approximately total gap was around 3 months 6 days approx in between two visa.
now my question is due to this gap is her continuity for long residency visa broken or she can apply her SET(LR) in Aug 2017.
please reply. thanks in advance

Re: Set(LR)

Posted: Wed Mar 22, 2017 7:27 pm
by Nzekells
Pls post the exact dates of applications made to enable informed contributions.

Re: Set(LR)

Posted: Wed Mar 22, 2017 8:30 pm
by AAMER12
hi

she went to pakistan on 27 jan 2012
her visa expired on 28 jan 2012
applied tier 1 general dependant visa on 27 feb 2012
visa approved on 19 april 2012
came back to uk 6 may 2012

hope it will help understand the situation.

thanks.

Re: Set(LR)

Posted: Wed Mar 22, 2017 8:43 pm
by bruteforce
She is on track to complete her 10 years legal stay in the UK. Long residence has not been broken so far, according to the timeline you have mentioned.

Re: Set(LR)

Posted: Wed Mar 22, 2017 10:35 pm
by Nzekells
bruteforce wrote:She is on track to complete her 10 years legal stay in the UK. Long residence has not been broken so far, according to the timeline you have mentioned.
I would second the above, given it all happened within 6 months. However as a back-up check, does the law saw anything about the length of time it takes to apply [ex-country], particular highlight on 28/1/12 to 27/2/12? Does the 28-day rule apply?
If not, then fire-on.
Any other input?

Re: Set(LR)

Posted: Wed Mar 22, 2017 10:45 pm
by bruteforce
If you leave the country with existing leave remaining and then return within 6 months with new entry clearance (visa) then the continuous residence is not broken.

Re: Set(LR)

Posted: Wed Mar 22, 2017 10:55 pm
by Nzekells
bruteforce wrote:If you leave the country with existing leave remaining and then return within 6 months with new entry clearance (visa) then the continuous residence is not broken.
So I thought too. Fire on then, AAMER12!