Stamped in as visitor, end of continuous residency?

[seasky]

vinny wrote:
A visitor is not seeking admission to the UK for the purpose of settlement.

Immigration Officers have the powers to cancel ILR, if
18 wrote:
(iv) now seeks admission for the purpose of settlement.
fails.


Vinny,

Dual passport holder (USA and Canada), lives in UK under PBS visa In USA passport. inadvertently enters UK using Canadian passport, get's stamped in as visitor OR USA passport is at Indian embassy for India visa application and enters UK using Canadian PP . All explained to immigration officer who inadvertently stamps in as visitor. For clarification no intentional deception at all.

Continues onward, receives extensions to PBS visa etc. Did that visitor stamp stop continuous period for 5 year (or 10 year for that matter) ILR? Should he not have received extension? Since extension was given anyways does the cancel out the 'inadvertent' stamp?

The guidance on "Indefinite leave to remain: calculating continuous period in UK" mentions nothing at all on visitor stamps.
seasky
Member of Standing

Posts: 389
Joined: Sun Nov 13, 2011 10:01 pm

[seasky]

admittingly not a standard question.

1. does a visitors stamp cancel PBS visa
2. If PBS visa is afterwards extended does it nullify the visitors stamp
3. is 5yrs continuity affected?

[seasky]

Bumping up, hoping the experts can weigh in.

[vinny]

The requirements for indefinite leave to remain as a PBS migrant usually contains the proviso for the categories of continuous leave permissible during the qualifying period. Leave as a visitor is not included in the list of permissible categories. Hence, having leave as a visitor normally breaks the continuous leave requirement, unless a mistake had been made in being granted leave as a visitor.

However, under long residence, leave as a visitor may be included.