10 years route, extend abroad problem.

[ly9577]

Dear all,

I have a question about a 'break' in continuous residence.

I first entered in the UK in September 2010 with Tier 4.

My current Tier 2 visa expires on 25/Jan/2019.

There's no gap till 25/Jan/2019.

I applied for a PhD programme at Surrey, April Entry, however.

My course will start more than 28 days after 25/Jan, so I must return my country and apply for a new Tier 4 visa to study in the UK.

I am planning to leave the UK on 20/Jan and submit the application by 1st February(normally take 10 working days).

I've queried the International Office and they told me my new visa will be granted to re-enter after 1 March.

In that case, I will be not in the UK from 20/Jan till March, which is more than 28 days.

I knew there's a 28-day rule, but not very sure about this - as the HO states - "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 ".

I wonder if it won't count as a gap or a break as long as I return to the UK by July 2019, and I still can apply for Settlement in September 2020 as a Long residence.