ILR - Break in residence (out of country application)

[ureshk]

Hi everyone,

First time posting here but hope someone can help.

I am planning on applying for my ILR next year and there is a potential break I would like to clarify.

01/02/2014 - In country application Tier 4 dependant
01/06/2014 - Application refused due to main applicants maintenance funds insufficient
10/06/2014 - Start of appeal process as full appeal rights were granted
30/03/2016 - Withdrew appeal and left the UK voluntarily before appeal was decided
06/04/2016 - New application submitted overseas for Tier 2
02/06/2016 - Tier 2 visa granted
12/06/2016 - Return to the UK

It is not very clear on the guidance what is the situation when you depart and submit a fresh application while on section 3C leave within 28 days. I have really been struggling for information so any help will be appreciated.

Thanks again and sorry if any details are missing.

[vinny]

It's unclear to me because of the refusal.

[ureshk]

Thanks Vinny, I didn't see the section about breaks due to leaving after being refused a visa. But as the previous discussion suggests there is still ambiguity around what is construed as "been refused leave". Perhaps I will seek further advice before proceeding with the application.

[Obie]

I think Section 3C is a form of leave leave.

Upon withdrawing your appeal, you had 28 days, and you applied for Entry Clearance, before the expiry of the 28 days.

[ureshk]

Thanks Obi but as mentioned in rule 276A(i), continuous leave is considered to broken if:

"(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"

Although in this case I appealed and left before a decision was reached, sounds like a not very straight forward case.

[ureshk]

Hey guys, Just wondering if anyone has come across any case law for a similar situation?

Thanks in advance.

[ureshk]

I've done some digging and came across this,

http://www.bailii.org/ew/cases/EWCA/Civ/2014/558.html

Can anyone else have a look and see if we can draw any conclusions?