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My first entry date in the UK was 14 Sep 2016, with a Tier 4 (general) student visa for a one-year pre-master study.

Since then, I've continuously stayed in the UK with various long-term visas until 2 January 2020, until leaving outside the UK for travel purposes (the visa expiry date was 21 January 2020). After my visa expired, I was granted a standard visitor visa on 22 January 2020 and re-entered the UK on 6 March 2020.

I was planning to submit a new student visa outside the UK after the trip and received a university offer dated 15 July 2020. However, I was unable to leave the UK due to travel restrictions and my flight was cancelled during the pandemic period (unavoidable circumstances beyond my control). So I submitted the student application form within the UK on 20 August 2020, and successfully granted a student visa valid from 6 October 2020.


I understand that new rules say that visitor visa no longer counts towards continuous lawful residence. Just wondering if there is any possibility that my absence (i.e., duration of travel from March 2020 to August 2020) can be argued that it will not be considered as broken continuous of 10 years?

If someone is in the same situation please shed some light. Thank you!

No. The COVID issue is irrelevant here. The new rules say that your lawful residence is broken if you had a period of visit visa

Thank you for your reply.

I understand that my angle might be tricky, and the dissertation example provided on HO's guidance only covered the compelling or compassionate circumstances where applicant was prevented from returning to the UK from a third country.

However, as mentioned in the Oct 2023 version of Long Residence Guidance, following things need to be considered when assessing if the absence was compelling or compassionate:
- for all cases: must consider whether the individual returned to the UK within a reasonable time once they were able to do so;
- for single absence of over 184 days: must consider how much of the absence was due to compelling circumstances and whether the applicant returned to the UK as soon as they were able to do so; and reasons for the absence.


Therefore, I wonder if the flight cancellation can show that I've made efforts to submit the application outside the UK? (However, unable to do so due to pandemic - travel restrictions). And the date of CAS can evidence that I had the intention to return to the UK immediately if I submit the application outside the UK? In addition, the concession policy published by HO in 2020 which allowed short-term visa holders to switch to student visa within the UK. The truth is that people at that time just can't do international travels an unavoidable circumstance for the sake of urgency to start the course of study.


Normally, the earliest date you can submit an outside application under student route is 3 months before the course start date. In that case, can I kindly request casework to exercise discretion and count the absence from the earliest date I was supposed to be able to submit the application outside the UK?

I would give it a try if there is any possibility, as the absence occurred in the middle of my 10-years residence period. It would be such a pity if I have to wait almost 7 years to satisfy recalculation.

You entered the UK with a visitor visa in March 2020 which does NOT count towards lawful residence and breaks your lawful continuous residence under the long residence. This has nothing to do with COVID issues you faced later