Immigrationboards.com

Hi Moderators and Gurus,
I came in this country as 17th Sep 2007 and going to complete my 10 years in very soon. I have an issue in my continous residence.
I went to pakistan as on 27 Jan 2012 with valid leave until 28th Jan 2012.
Then I applied again for entry clearance as Tier 1 G dependent as on 27 Feb 2012 from pakistan and visa was granted as on 19th April 2012 and come back to UK as on 6th May 2012.

According to above senario I went paksitan with valid 1 day leave left and come back again within 6 months time frame I ask diffrent Lawyers some says continous residenec broken as my visa expire in pakistan and I re-applied for entry clearnce and some says as I came back within 6 months time as per UKBA rules so my contineous residence not broken.
Please advised with relevent law so I can prepare my file for Set LR application.
Thanks

You should be fine.

but does the 28 day rule apply or not because someone sent me this but not sure.....

Events that break continuous residence

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

been absent from the UK for a period of more than 6 months at any one time

spent a total of 18 months outside the UK throughout the whole 10 year period

left the UK before 24 November 2016 with no valid leave to remain on their

departure from the UK, and failed to apply for entry clearance within 28 days of their previous leave expiring (even if they returned to the UK within 6 months)

Time spent outside the UK

Continuous residence is not considered broken if the applicant:

is absent from the UK for 6 months or less at any one time

had existing leave to enter or remain when they left and when they returned –

this can include leave gained at port when returning to the UK as a non-visa

national

departed the UK before 24 November 2016, but after the expiry of their leave to remain, and applied for fresh entry clearance within 28 days of that previous leave expiring, and returned to the UK within 6 months

If the applicant had existing leave to enter or remain when they left and returned to the UK, the existing leave does not have to be in the same category on departure and return. For example, an applicant can leave the UK as a Tier 4 (General) student and return with leave as a spouse of a settled person. Continuous residence is not broken as the applicant had valid leave both when they left and returned to the UK.

If an applicant was in the UK with a right to reside under European Economic Area (EEA) regulations, continuous residence is not broken if they leave the UK and are then re-admitted under the EEA regulations.

If the applicant has been absent from the UK for more than 6 months in one period or more than 18 months in total, the application should normally be refused. However, it may be appropriate to exercise discretion over excess absences in compelling or compassionate circumstances, for example where the applicant was prevented from returning to the UK through unavoidable circumstances.

It would be helpful if you posted the link to the information you are quoting. I suspect however that you are looking at the wrong information.

nahid_akhtar wrote:but does the 28 day rule apply or not because someone sent me this but not sure.....

left the UK before 24 November 2016 with no valid leave to remain on their departure from the UK, and failed to apply for entry clearance within 28 days of their previous leave expiring (even if they returned to the UK within 6 months)


departed the UK before 24 November 2016, but after the expiry of their leave to remain, and applied for fresh entry clearance within 28 days of that previous leave expiring, and returned to the UK within 6 months

Those were the two paragraphs in your text that refers to "28 day rule".

Why do you think either paragraph applies to you ?

CR001 wrote:It would be helpful if you posted the link to the information you are quoting. I suspect however that you are looking at the wrong information.

i hope it is wrong and i dont get any difficulty in getting my ilr.
thanks for your help.

marcnath wrote:

nahid_akhtar wrote:but does the 28 day rule apply or not because someone sent me this but not sure.....

left the UK before 24 November 2016 with no valid leave to remain on their departure from the UK, and failed to apply for entry clearance within 28 days of their previous leave expiring (even if they returned to the UK within 6 months)


departed the UK before 24 November 2016, but after the expiry of their leave to remain, and applied for fresh entry clearance within 28 days of that previous leave expiring, and returned to the UK within 6 months

Those were the two paragraphs in your text that refers to "28 day rule".

Why do you think either paragraph applies to you ?

because i applied after 28 days but when i left and entered back i had valid leave...and
it was written in a way that it seemed relevent to my
situation.

but thanks

nahid_akhtar wrote:

CR001 wrote:It would be helpful if you posted the link to the information you are quoting. I suspect however that you are looking at the wrong information.

i hope it is wrong and i dont get any difficulty in getting my ilr.
thanks for your help.

Why not post the link and I will tell as I think you are looking at the wrong link regarding continuous residence. If you post the link, I can correct you and give you the correct link and advice.

hi charr

actually i got the info from someone but they did not
give me any link. so dont know where it is from. hope you
understand.
thanks for your guidance.

Stop listening to 'other people' who might not know the rules.

The information you have posted appears to come from the link for continuous residence for PBS migrants for ILR based on 5 years and NOT from the one for long residence ILR applicants. There is a big difference between the two.

See the link below. As you left with a valid visa and return within 6 months on a valid visa, your continuous residence is intact.

https://www.gov.uk/government/uploads/s ... -v15_0.pdf

i was on pbs dependant visa but now applying for 10 year route
due to main applicant has gone to the same 10 year route.

and on page 10 of the above link it says the same which i
posted earlier

• departed the UK before 24 November 2016, but after the expiry of their leave to remain, and applied for fresh entry clearance within 28 days of that previous leave expiring, and returned to the UK within 6 months.
and it is bit confusing for me to understand coz saying within
28 days it should be applied for entry clearance.
plz help
thanks

That part is relevant if you left the UK after you visa expired. You left BEFORE your visa expired based on what you have posted so that paragraph is NOT relevant to you. Read on in the link, you will find the example I am referring to.

ok i will do that.
thanks

Hi i want to know i am came in this country in aug 2007 as a student dependent, and then tier 1 general dependent visa until august and then I applied for flr fp, still waiting for decision. But wife's set lr is refused due to tax issue in june with the in country appeal right. I haven't received my decision yet.
I want to ask is it i will be eligible for set lr or not?
If i am eligible can i very my application from flr fp to set lr premium service?
Please give me advice. Thanks

Harry23 wrote:Hi i want to know i am came in this country in aug 2007 as a student dependent, and then tier 1 general dependent visa until august and then I applied for flr fp, still waiting for decision. But wife's set lr is refused due to tax issue in june with the in country appeal right. I haven't received my decision yet.
I want to ask is it i will be eligible for set lr or not?
If i am eligible can i very my application from flr fp to set lr premium service?
Please give me advice. Thanks

Please ask your questions in your own topic. It is considered rude to tag onto another members thread and is unfair to the original poster.