SET LR - evidence

[Mahakhanzada]

Good morning all,

Wondering if I can get some help with a query I have.

I’ve been in the UK since January 2013. From 2013 - 2020, I was on a various Tier 4 visas for my masters and PHD. Got married in 2020 and switched to spouse visa in 2020. No one of my tier 4 visas were for short term study etc - they were all for postgraduate courses. However, in 2015, the college I was studying at got their licence revoked and I received a notice of curtailment to leave the UK. I left before my leave expired and returned within 54 days to study for my PhD.

From my perspective, I do not feel my 10 year LR period has broken as I left with existing leave and returned with a new Tier 4. And at no point did I leave exceed with 180 days rule. But I have consulted a solicitor who has advised if a visa is curtailed, it breaks LR. I don’t think this is right advice?

Any views on this please? Thank you

[vinny]

I think you are right.

I don’t think that curtailments amounts to a break of

276A.

For the purposes of paragraphs 276B to 276D.

• (a) “continuous residence” means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:
  • (i) has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here; or

I think a curtailment is a shortening of leave and is different from

having been refused leave to enter or remain here

When the curtailment was not your fault, not due to you breaking a condition of stay, then I think that

276B

(iii) the applicant does not fall for refusal under the general grounds for refusal.

is satisfiable.

Moreover, 20.

Indeed the respondent's sole objection to the application was on the basis of the erroneous decision that the clock stopped when the appellant's leave was curtailed.

[Mahakhanzada]

Thank you, Vinny! That is exactly what I thought as well.

Moreover, it seems HO themselves advise that:a curtailment would not be a detriment to the LR if the migrant has left the UK in time and returned within the permitted absence period

[vinny]

Thanks for that link! After you are granted ILR under Long residence, you could educate your solicitor for the benefit of his other clients.

[zimba]

I'd say this pretty much depends on the type of curtailment. Normally a visa will be curtailed to 60 days but in some circumstances, there is an immediate cancellation of leave. What did the notice say?

[Mahakhanzada]

What did the notice say?

It wasn’t immediate curtailment of leave. My leave was due to expire on 24th August 2015 and they curtailed it to 2nd Augusta 2015. The letter was served on 29th May 2015 and said:


Your leave has been curtailed under paragraph 323A(b)(i) of the Immigration Rules. Although you are not required to leave the United Kingdom at this time your leave to remain in the UK is due to expire on 02 August 2015. Before your current leave to enter or remain expires you must either leave the United Kingdom or submit a fresh application for leave to remain.

[zimba]

This has no effect on your long residence. Curtailment like this changes a visa expiry date. The solicitor had no idea what he is talking about

[Mahakhanzada]

Hi all, I have a quick question if anyone can help. I’m applying for the 10 year long residence route ILR. Just for background, I was on tier 4 four times and then switched to spouse visa (which I’m on currently). Filled out the SET LR form online. However, I’ve noticed the documents/evidence section is only asking for evidence relating to my husband and mine’s marriage and relationship. And passports etc. Is that normal?

Sorry if this is a daft question but I just wanted to make sure I’m applying on the right form/application.

[zimba]

Hi all, I have a quick question if anyone can help. I’m applying for the 10 year long residence route ILR. Just for background, I was on tier 4 four times and then switched to spouse visa (which I’m on currently). Filled out the SET LR form online. However, I’ve noticed the documents/evidence section is only asking for evidence relating to my husband and mine’s marriage and relationship. And passports etc. Is that normal?

Sorry if this is a daft question but I just wanted to make sure I’m applying on the right form/application.

You do NOT need to provide any evidence for your marriage or relationship under long residence. This has been a known issue with the document list so Ignore the document list for those items. The long residence has nothing to do with your relationship as you must apply on your own and qualify on your own

[Mahakhanzada]

Thank you, this makes sense!! Wish I hadn’t spent hours getting everything together for relationship evidence though