A Gap in 10 Year Continuous Lawful Residence

[ziaul1234]

Hi
I am bit confused about a gap of period that I had in 2012 whether it has broken lawful continuous residence or not. I hope someone would be able to help me.

I was on student visa which was expiring in 10 April 2012.
My undergrad completed in Feb 2012 and I left the country on 10 March 2012 (Before my leave expired).
I then applied for Tier 4 on Postgrad Course in 12 Aug 2012 and I was granted visa on 24th Aug 2012.
I re-entered the country with new entry clearance on 27th Aug 2012. Total time spent was less than 180 days. I didn't travel anywhere else outside UK in 2012.

I have two questions:
1. I believe as I left UK with valid visa and re-entered UK on a new valid visa and total time spent outside UK was less than 180 days - lawful continuous residence has been maintained. (Please correct me if I am wrong).
2. During this period of time as my existing leave expired in April 2012 and I applied for a fresh entry clearance on 12 Aug 2012 i.e. after about 4 months - does it matter as my total absence was less than 180 days. I can't remember but I seem to read somewhere that you have to apply for a fresh leave within 28 days while outside UK or continuous residence will be broken. ---- Not sure if this applicable for me.

Many thanks.

[ziaul1234]

Would appreciate if someone could reply.....thanks

[vinny]

Should be okay.

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
If the applicant had existing leave to enter or remain when they left and returned to the UK, the existing leave does not have to be in the same category on departure and return. For example, an applicant can leave the UK as a Tier 4 (General) student and return with leave as a spouse of a settled person. Continuous residence is not broken as the applicant had valid leave both when they left and returned to the UK.

An applicant:
• enters the UK on 1 September 2004 with entry clearance as a student which is valid until 31 October 2005
• leaves the UK on 25 October 2005, before their previous leave expired
• re-enters the UK with valid entry clearance as a student on 5 January 2006
The person had valid leave on the date of their departure and on the date of their return to the UK, and the time spent outside the UK was less than 6 months. Continuous residence has been maintained, even though the person entered the UK with a fresh grant of leave.

[ziaul1234]

Many thanks Vinny. This clarifies all