Break in Continuous Residence (10 Years)

[dylan]

Hello everyone

I have a question that has been bothering me for a while now. If my visa application gets decided after the expiry date of my current visa and if my application gets refused, then does that break my 'continuous residence'?

Paragraph 276A(i) says that the continuous residence shall be considered to have been broken if the applicant:
"has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here"

1) If above scenario happens then will that break my continuous residence?
2) Does Section 3C apply to above scenario at all?

Please clarify this for me because this is now giving me a head ache

[Graceofgod]

[quote="dylan"]Hello everyone

I have a question that has been bothering me for a while now. If my visa application gets decided after the expiry date of my current visa and if my application gets refused, then does that break my 'continuous residence'?

Paragraph 276A(i) says that the continuous residence shall be considered to have been broken if the applicant:
"has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here"

1) If above scenario happens then will that break my continuous residence?
2) Does Section 3C apply to above scenario at all?



Please clarify this for me because this is now giving me a head ache :

Hi
As per my understanding,
The above paragraph states that if you had been refused a visa and had to leave the UK ,removed or deported from the UK then the period amounts to the break in lawful residence but if you were refused a visa but given the time to re-apply or appeal and subsequently you have made the valid application or appealed within the stipulated time then the period is considered as lawful as covered by section 3c, period during the appeal is covered by section 3d.

[Graceofgod]

Hello everyone

I have a question that has been bothering me for a while now. If my visa application gets decided after the expiry date of my current visa and if my application gets refused, then does that break my 'continuous residence'?

Paragraph 276A(i) says that the continuous residence shall be considered to have been broken if the applicant:
"has been removed under Schedule 2 of the 1971 Act, section 10 of the 1999 Act, has been deported or has left the United Kingdom having been refused leave to enter or remain here"

1) If above scenario happens then will that break my continuous residence?
2) Does Section 3C apply to above scenario at all?



Please clarify this for me because this is now giving me a head ache :

Hi
As per my understanding,
The above paragraph states that if you had been refused a visa and had to leave the UK ,removed or deported from the UK then the period amounts to the break in lawful residence but if you were refused a visa but given the time to re-apply or appeal and subsequently you have made the valid application or appealed within the stipulated time then the period is considered as lawful as covered by section 3c, period during the appeal is covered by section 3d.

As long as you have made in -time application it does not matter when the application gets decided. the period is covered by section 3c.

[dylan]

Thank you for the replies. I just want to know what would happen if my company talk to up my visa as I am going in to Tier 2. This worries me a lot