Long residency help plz

[passion5]

Dear All,

My friend left Uk in Jan 2014 with a valid leave and his visa expired in Feb 2014. He applied for Tier 1 entrepreneur as a partner and got refused in March 2014. Now he is trying to apply for a student visa course starting in September 2014. Now long residency rule is not to stay 180 days out side UK. Will the residency be broken despite he applied for a visa and got refused and now a new visa in September 2014? It would be a month month late entry after 180 days ,,plz comment

[Darvesh]

in order to keep his long residency intact person must be back in uk within 6months of leaving uk (with a valid leave on exit and back in with a valid visa.)

[passion5]

thanks for the reply, if he comes back after 220 days and justifies that he applied for a visa which got refused and now back again with a valid leave, the extra days were spent in applying a visa and getting the refusal? any exceptions?

[Darvesh]

exception never outlined in guidance note so hard to predict if caseworker gives or not.