ILR Long Residence- Please help

[bravopapa]

All,

I enter the UK July 2007 with a study visa. Stayed and renewed my student visa (in the UK) until 30th January 2013 where I had to leave the country for 4 months before coming back in Tier 2 visa. Since 31st May 2013, I am in the UK under Tier 1 (after switching from Tier 2 visa). The company that hired me at the time was the one that asked me to leave the country for training (but only initiated the Tier 2 sponsorship from March 2013). Knowing that I ll be back in the UK, i kept paying the rent and the council tax (from Feb to May 2013). in Summary,

1) I left the country on the 30Th January the day of the expiry of my study visa (so I did not overstay)--i have a proof of that.
2) I left the country for 4 months (not 6 months)

The total number of days out of the country since July 2007 is 500 days.

With these information in mind, i was under the impression that i did not break the continuous residency. Is this true? Have i missed something?

Many Thanks

[CR001]

Only absence of 6 months or more breaks continuity of residence.

[bravopapa]

Dear CR001,

I wanted to get back to the answer below. While some lawyers think that I am eligible for ILR in July 2017, one or two mention that i did not seek entry clearance within 28 days (after I left) and I am therefore not eligible for ILR.

Lawyers seem to disagree on "28 days entry clearance". Which version is correct? Is 28 days entry clearance mandatory? knowing that i have been out of the country for just 4 months and that i left before the expiry of my visa

Thank you very much for your help and guidance

[CR001]

https://www.gov.uk/government/uploads/s ... ce-v14.pdf

[bravopapa]

Thank you CR001 for the quick answer

Here is what the link says:

Events that break continuous residence
Continuous residence is considered to be broken if the applicant has:
• been absent from the UK for a period of more than 6 months at any one time
• spent a total of 18 months outside the UK throughout the whole 10 year period
• left the UK before 31 October 2016 with no valid leave to remain on their
departure from the UK, and failed to apply for entry clearance within 28 days of
their previous leave expiring (even if they returned to the UK within 6 months)

I left 30th of January and my visa expired 30th of January at midnight...meaning that 31st of January it was not valid anymore.

Do I qualify? Sorry for the confusion

Thanks a lot

[CR001]

There is also the paragraph below.

Time spent outside the UK
Continuous residence is not considered broken if the applicant:
• is absent from the UK for 6 months or less at any one time
• had existing leave to enter or remain when they left and when they returned –
this can include leave gained at port when returning to the UK as a non-visa
national
• departed the UK before 6 October 2016, but after the expiry of their leave to
remain, and applied for fresh entry clearance within 28 days of that previous
leave expiring, and returned to the UK within 6 months

What date did you apply for your next visa?

[bravopapa]

it was a Tier 2 general Visa. I applied on April 2013 and entered the country May 2013

Thanks

[CR001]

What date did you apply for your next visa?

[bravopapa]

I applied on April 2013 and entered the country May 2013

[CR001]

When did you switch to Tier 1 Exceptional Talent?

If you apply for ILR based on long residence (if you qualify), then your wife (if already granted a partner visa) cannot remain on Tier 1 Ex visa and will also have to switch.

[bravopapa]

Thank you CR001

I am aware of the fact that my wife has to switch too.

My question is, based on the information I gave you, do you think i qualify for ILR?

Many Thanks