I'd say the answer is a bit technical but first, a bit of context:
Before November 2016, there was rule that allowed overstayers to apply for a new visa within a 28-day grace period for a new application. In November 2016 the UKVI abolished the 28-day grace period for overstayers and replaced it with a more restrictive 14-day period with a "good reason" requirement which formed part of the paragraph 39E of the rules. This grace period applied to people who were
either overstaying in the UK
and also the people who had their visas expired
outside the UK. So if someone left the UK with a valid visa and applied for a new visa within the 28-day grace period and got it, their continuous residence was preserved.
However that was NOT the case under the long residence route as its rules were separately written (before they were merged into the appendix continuous residence in 2024). According to the old long residence rules, if you left the UK with a valid visa and returned within the 6 months period, your lawful residence was preserved. There was no 28-day grace period limit at all in that specific case.
The guides are written to clarify the rules but unfortunately the guide in this instance is poorly written as the immigration rules under paragraph CR 4.1 of the appendix continuous residence show you that when it comes to the long residence route, no grace period limit is being imposed for absences (so the long residence route is effectively excluded)
The parts CR 4.1(d)(iii) and CR 4.1(d)(iv) are clearly separated and stand on their own. This is done precisely because the 28-day grace period for people who left the UK with valid visa, did NOT apply under the long residence rules. So the move to bring the long residence rules under appendix continuous residence still
preserves the old 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:
CR 4.1. An applicant’s continuous residence will be broken if any of the following apply:
(a) the applicant is convicted of an offence and sentenced to a period of imprisonment (unless it is a suspended sentence) or directed to be detained in an institution other than a prison, unless the applicant is applying for settlement under Appendix Settlement Family Life or Appendix Private Life (in which case CR 4.4. applies); or
(b) the applicant is subject to a deportation order, exclusion order or exclusion direction; or
(c) the applicant is subject to removal directions, or in the case of an application under Appendix Long Residence, is removed from the UK, under section 10 of the Immigration and Asylum Act 1999; or
(d) the applicant does not currently have, or did not have, permission, unless:
(i) the applicant was granted permission following a successful application where paragraph 39E of these rules applied; or
(ii) (except for applications under Appendix Long Residence), the applicant had permission when they left the UK, applied for entry clearance before that permission expired, or within 14 days of that permission expiring, and that application for entry clearance was successful; or
(iii) the application is under Appendix Long Residence, and the applicant had permission when they left the UK and returned to the UK with a valid permission (on the same or another route), provided they do not exceed the absence limit in CR 3.1., CR 3.2. or CR 3.3.;or
(iv) for any period that an applicant left the UK without permission before 24 November 2016, where the applicant made a successful application for entry clearance or permission (either in or outside the UK) within 28 days of the date their previous permission expired; or
(v) the dates on which the applicant was in the UK without permission were in the period from 1 to 31 August 2020 and the applicant had permission immediately before then; or
(e) the applicant is absent from the UK for longer than the periods permitted under CR 3.1., CR 3.2., and CR 3.3., and none of the exceptions in CR 3.4., CR 3.6., CR 5.1. and CR 5.2. apply; or
(f) the applicant is removed or deported from the UK; or
(g) the applicant leaves the UK voluntarily having been refused permission to enter, permission to stay or settlement, and any permission held at the time of that voluntary departure has expired, unless CR 4.1(d)(iv) applies.
https://www.gov.uk/guidance/immigration ... -residenceAdvice is given based on my personal research and experience only. Do NOT contact me via private message for immigration advice
