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How do you define continous stay?

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sunnyday
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Posts: 200
Joined: Wed Mar 21, 2007 7:16 pm

How do you define continous stay?

Post by sunnyday » Mon Apr 02, 2007 10:09 pm

I know this may mean bluntly clear to you - an unbroken period of lawful residence. but there are possibly two defnitions to it.
1. any physical absence less than 6 months at any one time, as given in the definition below.
2. having no gap between your visa periods.

which one is it?


"continuous residence" means residence in the United Kingdom for an unbroken period, and for these purposes a period shall not be considered to have been broken where an applicant is absent from the United Kingdom for a period of 6 months or less at any one time, provided that the applicant in question has existing limited leave to enter or remain upon their departure and return, but shall be considered to have been broken if the applicant:

(i) 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; or



(ii) has left the United Kingdom and, on doing so, evidenced a clear intention not to return; or



(iii) left the United Kingdom in circumstances in which he could have had no reasonable expectation at the time of leaving that he would lawfully be able to return; or



(iv) has been convicted of an offence and was sentenced to a period of imprisonment or was directed to be detained in an institution other than a prison (including, in particular, a hospital or an institution for young offenders), provided that the sentence in question was not a suspended sentence; or

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