Page 1 of 1

'Continuous residence' for 10 year Long Residence ILR

Posted: Sun Dec 08, 2019 2:45 pm
by am2116
Hi Dear, I need suggestion and guidelines.
I want to apply for ILR on the ten-years basis on PBS but once i refused visa which i had submitted an application to show funds in two statements instead of one and it happened in 2014 and went back and got PBS visa but i had enrolled PhD student that time and i had PSW that time. So i got new PBS VISA with 2 months (49 days) and came back and started my research and i was in touch with university and supervisors.

Please, the advice is that fine to add my continuity to complete ten years?

Many Thanks
am

Re: 'Continuous residence' for 10 year Long Residence ILR

Posted: Sun Dec 08, 2019 2:47 pm
by CR001
Useful to state your full UK immigration details including application dates and visa start and expiry date s and date you left etc etc etc if you expect any useful advice from members

ILR 10 years PBS lawful

Posted: Sun Dec 08, 2019 4:09 pm
by am2116
Dear,
I need advice and guidelines
I want to clarify my position before to apply for ILR lawful ten years.
I came to UK 10 Sep 2009 on BPS Visa and completed my MA degree and I then I got PSW for two years. Before I finish six months my PSW VISA I got admission in PhD. I made before (3-months complete visa) my application for PBS VISA from the UK, and I got refused due to my own mistake which I presented two bank statements to prove funds instead of one stamen. They asked to leave the country with 28 days or appeal.
Note. During that time, I informed my university and supervisors about all and university generated new CAS.
I left the county within the given time, and I applied again and got a visa within 49 days (was doing fieldwork) and came back and started my study and finished my research. Now the time has come to apply for ILR, and it was due last September 2019.
I want to know when I got refusal and got new PBS visa that tenure does it affect my continue ten years or not? Or this is a fresh visa from there when I got PBS for PhD.
Please note I didn’t overstay and haven’t stayed more than 180 days from the UK since I came.

Please guide me.

Thank you and regards,
AM

Re: ILR 10 years PBS lawful

Posted: Sun Dec 08, 2019 4:11 pm
by CR001
It is not necessary to spam the forum with multiple topics/posts!!

Topics merged!!

Re: ILR 10 years PBS lawful

Posted: Sun Dec 08, 2019 4:26 pm
by am2116
sorry and accept my apologies because i did not use before this platform. I will careful next time

Re: 'Continuous residence' for 10 year Long Residence ILR

Posted: Sun Dec 08, 2019 4:48 pm
by am2116
CR001 wrote:
Sun Dec 08, 2019 2:47 pm
Useful to state your full UK immigration details including application dates and visa start and expiry date s and date you left etc etc etc if you expect any useful advice from members
PWS expire date was 27/Jan/2014
application made for Tire 04 student 30/SEP/2013
Application refusal received 03/Jan/2014
I left with 28 days to apply for a new visa
I got a new Tier 4 student visa 3/ March/2014 ( less than 60days i went for a new visa)
during that time i was in touch with the university and my supervisors

Re: ILR 10 years PBS lawful

Posted: Mon Dec 09, 2019 1:27 am
by zimba
Assuming you applied for the 2nd application before 27th Jan 2014, you should be fine

Re: ILR 10 years PBS lawful

Posted: Mon Dec 09, 2019 6:09 am
by am2116
Zimba wrote:
Mon Dec 09, 2019 1:27 am
Assuming you applied for the 2nd application before 27th Jan 2014, you should be fine
thank you for your kind reply.
No, i did apply after 21 days later visa got expired.
Please advise.
thank you

Re: ILR 10 years PBS lawful

Posted: Mon Dec 09, 2019 12:07 pm
by aman90
am2116 wrote:
Mon Dec 09, 2019 6:09 am
Zimba wrote:
Mon Dec 09, 2019 1:27 am
Assuming you applied for the 2nd application before 27th Jan 2014, you should be fine
thank you for your kind reply.
No, i did apply after 21 days later visa got expired.
Please advise.
thank you

Continuous residence is not considered broken if the applicant:

• 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

https://assets.publishing.service.gov.u ... pdf#page11

Re: ILR 10 years PBS lawful

Posted: Tue Dec 10, 2019 8:39 am
by am2116
aman90 wrote:
Mon Dec 09, 2019 12:07 pm
am2116 wrote:
Mon Dec 09, 2019 6:09 am
Zimba wrote:
Mon Dec 09, 2019 1:27 am
Assuming you applied for the 2nd application before 27th Jan 2014, you should be fine
thank you for your kind reply.
No, i did apply after 21 days later visa got expired.
Please advise.
thank you

Continuous residence is not considered broken if the applicant:

• 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

https://assets.publishing.service.gov.u ... pdf#page11
thank you for kind reply.
Please help me to clear more with days
PSW visa Expire date 27 Jan 2014
Refusal received 03 Jan 2014
I left the country (UK) 25 Jan 2014 (not overstayed)
New PBS application made from outside country
New Application received to the embassy 21Feb 2014 (Confirmation received by email)

Please, the advice is that fine to continue 10 years law ILR?

Re: ILR 10 years PBS lawful

Posted: Tue Dec 10, 2019 12:01 pm
by aman90
From ur earlier post.. it sounded like you had overstayed..what’s the relevance of leaving within 28 days.. and of what?
Per my understanding a rejected visa doesn’t supersede a current valid visa.

Did you not read the guidance I posted?

“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.” Pg 11

Re: ILR 10 years PBS lawful

Posted: Tue Dec 10, 2019 12:08 pm
by aman90
Edit: According to the guidance.. your continuous residence did not break.. you should read it thoroughly urself, it gives examples of situations, for clarity..

Re: ILR 10 years PBS lawful

Posted: Fri Dec 13, 2019 12:16 pm
by am2116
aman90 wrote:
Tue Dec 10, 2019 12:08 pm
Edit: According to the guidance.. your continuous residence did not break.. you should read it thoroughly urself, it gives examples of situations, for clarity..
Dear Aman90,
Thank you very much for kind help.
I read thoroughly the guideline which continuous residence didn't break. i did not overstay as well because i left 2 days before such as 27 Jan 2014 was PSW visa expiry i left 25 Jan 2014. I applied for a new visa Tier4 student 21 Feb 2014 (email confirmation received 21Feb, 2014 from UK embassy) and visa date printed from 03 March 2014. I came back you 8 April 2014.

Please note refusal date printed on later 03 Jan 2014 but i received 10 Jan 2014 (i don't have proof of letter receiving date) and gave me 28 days to leave the county. If i see this way i didn't overstay i left 25 Jan 2014. You also mentioned that refusal does not affect visa validity.
Is that right?
please confirm.
Regards

Re: ILR 10 years PBS lawful

Posted: Fri Dec 13, 2019 1:05 pm
by aman90
am2116 wrote:
Fri Dec 13, 2019 12:16 pm
Please note refusal date printed on later 03 Jan 2014 but i received 10 Jan 2014 (i don't have proof of letter receiving date) and gave me 28 days to leave the county. If i see this way i didn't overstay i left 25 Jan 2014. You also mentioned that refusal does not affect visa validity.
Did the letter state that ur PSW was being revoked, cancelled or curtailed?
Was ur PSW BRP retained? Or if vignette, was it crossed out?

Re: ILR 10 years PBS lawful

Posted: Sun Dec 15, 2019 6:02 am
by am2116
aman90 wrote:
Fri Dec 13, 2019 1:05 pm
am2116 wrote:
Fri Dec 13, 2019 12:16 pm
Please note refusal date printed on later 03 Jan 2014 but i received 10 Jan 2014 (i don't have proof of letter receiving date) and gave me 28 days to leave the county. If i see this way i didn't overstay i left 25 Jan 2014. You also mentioned that refusal does not affect visa validity.
Did the letter state that ur PSW was being revoked, cancelled or curtailed?
Was ur PSW BRP retained? Or if vignette, was it crossed out?
Dear Aman90,
Thank you for your reply.
I read thoroughly the refusal letter again even they did not mention that with 28 days i have to leave the country. but i did fly 2 days before expiring of PSW. They did not give me the right to appeal but they mention you can new application to meet the PBS score 30 points which i have completed and applied with 28 days after expiry of the previous visa.

second request.
could you please guide me what supporting documents would i need to make my application for ILR?

Brief
1. PBS tire 4 visa ( 1 1/2 year visa with 20 hrs work allow)
2.PSW 2 Years ( 2 years visa fulltime work allow)
3. PBS Tier Student visa ( 5 years visa with 20 hrs worked allow)
4.PBS dependent visa (from 2017 to 2021)

Do i need a bank statement to show proof of funds?

I am looking forward to hearing from you soon.

Thank you.
Am

Re: ILR 10 years PBS lawful

Posted: Sun Dec 15, 2019 9:28 am
by CR001
Do i need a bank statement to show proof of funds?
For ilr there is no proof of maintenance funds requirement

Re: ILR 10 years PBS lawful

Posted: Mon Dec 16, 2019 5:36 am
by am2116
CR001 wrote:
Sun Dec 15, 2019 9:28 am
Do i need a bank statement to show proof of funds?
For ilr there is no proof of maintenance funds requirement
Dear,
Thank you for your kind confirmation
please guide me what documents do i need to attach with the application for ILR?

Many Thanks
am