Immigrationboards.com

Hi everyone,

I have a question regarding continuous residence and I'd appreciate some clarification.

I have been in the UK since 2010 and planning on applying for ILR through the 10 year route.

In 2013, I had a Tier 4 visa which expired on 14/08/2013. I overstayed by 10 days.
I then applied from my home country on 11/09/2013 and received a new Tier 4 on 25/09/2013.
I returned back to the UK on 03/10/2013.

Did I break my continuous residence or am I Ok since I applied within 28 days?

Many thanks in advanced

Example 4

An applicant’s leave expired on 10 July 2012 but they only departed the UK on the 1 August 2012. They submitted an application for entry clearance on the 5 August 2012. When returning to the UK on the 27 October 2012 they submitted a long residence application.

Question Would you grant the application in this case?

Answer

Yes. Grant the application as the rules allow for periods of overstaying of 28 days or less when that period ends before 24 November 2016. This applicant submitted their application for entry clearance less than 28 days after their original grant of leave had expired and returned to the UK within 6 months of last leaving.