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10 year law full residence broken or not

Only for queries regarding Indefinite Leave to Remain (ILR). Please use the EU Settlement Scheme forum for queries about settled status under Appendix EU

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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Tesla098
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10 year law full residence broken or not

Post by Tesla098 » Mon Aug 26, 2024 9:42 pm

zimba wrote:
Tue Jul 30, 2024 1:22 pm
Under long residence, if you left the UK with a valid visa and returned within 6 months the lawful residence was always maintained. This was preserved even after the recent rule changes. This is not really about whether it was before or after November 2016. I know that does not seem quite clear in the continuous residence guide which I quoted from above, but the long residence guide refers to it:
Paragraph CR 4.1.(d)(iii) also preserves the position in the rules as of 10 April 2024 for applicants who had permission when they left the UK and returned to the UK with a valid permission, provided they do not exceed the limit of permissible absences.
https://www.gov.uk/government/publicati ... accessible
Thanks Zimba for this useful insight. I had a similar situation. I left UK with valid ICT tier 2 short term Visa on 16th September 2016 although Visa validity was until 27 September 2016. I had applied for ICT tier 2 Long term Visa on 24th November ( payment was made) and attended biometrics appointment on 29th November 2016. My new visa’s start date was on 29th November 2016 and I returned to UK on 20th December 2016 for the same employer.

Do you think I maintain continuous residency in this case ? ( Rule changes in November is confusing)

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zimba
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Re: 10 year law full residence broken or not

Post by zimba » Mon Aug 26, 2024 11:42 pm

Please refrain from asking your query on someone else's post !
The same advice applies to you. The recent changes did not affect this at all under the long residence.
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

Tesla098
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Re: 10 year law full residence broken or not

Post by Tesla098 » Tue Aug 27, 2024 7:32 am

Sorry, I thought not to repeat the context.

Are you saying I wouldn’t have broken the continuous residency and visa continuity expectation would stay same with rules before/after November ?

Thanks

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zimba
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Re: 10 year law full residence broken or not

Post by zimba » Tue Aug 27, 2024 2:23 pm

Yes. Nothing in that regard has changed, it is just poorly worded in the guide so it has become confusing
Advice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice

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