Long residency starts with visitor visa

[davidhook1]

Hi,

Almost 10 years ago I came to the UK to visit colleges and research about UK education system. I was in the UK as a visitor for 11 days on a six month multi entry visitor visa (Type C). 113 days later after my initial visit I came to the UK with Tier 4 student visa and since then I have had very few absences and all my visa applications have been approved on time.

NOTE: My visitor visa was still valid when I left because it was a six months and multi entry visa. I applied for Tier 4 visa about 90 days after I left the UK. Visitor visa was still valid when I came to the UK with Tier 4 visa.

My question is when does my long residency starts? from my initial visit or when I entered the UK with a Tier 4 visa? I very much prefer to apply as early as possible so I really appreciate if you guys can confirm If I can count my stay on visitor visa as well.

Thank you.

[vinny]

Yes.

[davidhook1]

Thank you Vinny.

Reading the links, I understand that my visit time counts towards long residency even though I was in the UK only for 11 days. However my current visa can not be a visitor visa because of purpose of stay/intention. Am I correct? I do not want to make a very expensive mistake and get rejected. I'm currently on Tier 1 Entrepreneur and have had not gaps, refusals or long absences.

Do you think my application is complex and I would be better off hiring a lawyer as my case is very rare?

Thanks.

[Obie]

Vinny is perfectly correct, provided the residence and leave is continuous a person can add visitors leave towards long Residence.

I personally know of 4 successful cases .

[davidhook1]

Thanks Obie.

Is this continuous?

Came here on February 19th to February 28th on a visitor visa.
Came back on June 11th on a Tier 4 visa (exactly 104 days later). no gaps, long absences, refusals since then.

if yes, the earliest date I can apply is January 23rd? Am I right?

Also Is this case considered complex? Can I apply with a premium service, if it is complex? Do I need a lawyer to write a cover letter?

Thank you so much.

[davidhook1]

really really appreciate it if someone can help me with this.

[Obie]

I think my colleague and myself have confirmed that in principle, period spend as visitors does count towards long residence.

It is difficult to see what more could be added to that advice.

Yes some caseworker ought to be made aware of the law, that leave as visitors is acceptable, as 276 makes no distinction between leave.

Law changes a lot so much may have changed before you apply, but as the law stands today, this is the rules in play.

[davidhook1]

Sorry about that, just wanted to double check. Thanks again.