Continuos 5 year rule

[reza57]

Dear all,

I came to the UK in Jul 2006 under WP and worked here until Jul2008. Two days before the expiry of my permit returned to my own country, although maintaining my home in the UK, and returned under a business C-Visit for a short time. Returned back to my country and applied for Tie1 and entered the UK with new visa in Sep2008. I have been told by different sources (lawyers) that I have indeed broken my 5 year period. However I have come across cases where discretion has been exercised and ILR granted. Does anyone know of exact rules or similar cases. Throughout these years I have been resident of the UK with my child at nursery, continuos residency etc....
I appreciate any comments on this.

Many thansk
Reza.

[xyz123]

Dear all,

I came to the UK in Jul 2006 under WP and worked here until Jul2008. Two days before the expiry of my permit returned to my own country, although maintaining my home in the UK, and returned under a business C-Visit for a short time. Returned back to my country and applied for Tie1 and entered the UK with new visa in Sep2008. I have been told by different sources (lawyers) that I have indeed broken my 5 year period. However I have come across cases where discretion has been exercised and ILR granted. Does anyone know of exact rules or similar cases. Throughout these years I have been resident of the UK with my child at nursery, continuos residency etc....
I appreciate any comments on this.

Many thansk
Reza.

You have clearly broken the continuous stay and your clock reset in Sep 2008.

You are saying you have come across some cases where discretion have been exercised, then why dont you give us the details of those cases and circumstances and someone can advise if you have a chance!

[aosun007]

May be the poster is talking about discretion exercise under 10 years residency rule.Such discretion can not be used for 5 years continous period to gain ILR with visiting Visa